A second, third, or felony DUI in California is fundamentally different from a first-offense case. Penalties increase sharply, license consequences become more severe, and prosecutors approach repeat DUI cases far more aggressively. However, multiple-offense and felony DUI cases are also where experienced DUI defense attorneys add the most value, because these cases hinge on technical, procedural, and evidentiary issues that are often overlooked.
Understanding how DUI charges escalate in California, what legally counts as a prior DUI, and how these cases are defended is critical to protecting your freedom, your license, and your future.
California uses a 10-year “lookback” period for DUI offenses. A prior DUI conviction within the past 10 years can be used to enhance penalties on a new DUI case.
A DUI may be charged as:
Not every past incident automatically qualifies as a prior. Courts closely examine:
Improperly alleged priors are a common and effective defense issue in repeat DUI cases.
A DUI may be charged as a felony in California under several circumstances:
Felony DUI cases expose defendants to state prison, extended license revocations, and long-term consequences that go far beyond a standard misdemeanor DUI.
As DUI offenses increase, penalties escalate rapidly. These may include:
Just as important, judges have less discretion in repeat DUI cases, making early defense strategy essential.
Repeat DUI cases often trigger separate and overlapping license penalties through the California Department of Motor Vehicles. A new arrest can result in:
The DMV process is independent from the court case and begins immediately after arrest. You have only 10 days to request a hearing.
In multiple-offense cases, prosecutors often assume:
This mindset makes trial readiness and evidence challenges especially important. Negotiation leverage often comes from demonstrating weaknesses in the prosecution’s proof rather than relying on mitigation alone.
Experienced DUI attorneys focus on far more than prior convictions. Defense strategies commonly include:
If the initial stop or arrest was unlawful, evidence obtained afterward may be suppressed, even in repeat cases.
Chemical testing errors remain critical in repeat DUI cases. Issues include:
Refusal allegations frequently accompany repeat DUIs and significantly increase penalties. Many refusal findings are based on misunderstanding or improper advisement.
Defense attorneys review whether alleged priors are:
Improper priors can dramatically reduce exposure.
Winning or weakening the DMV case can preserve driving privileges and influence court outcomes, particularly in felony-level matters.
When a DUI involves injury, the focus shifts to causation, not just blood alcohol levels. Prosecutors must prove that impairment caused the injury. Defense strategies often involve:
In many cases, yes. Repeat DUI cases often involve:
Effective DUI defense can lead to charge reductions, dismissal of priors, minimized jail exposure, or preserved driving privileges, even in serious cases.
If you are charged with a repeat or felony DUI:
Delay is one of the most common and costly mistakes in serious DUI cases.
Second, third, and felony DUI cases are not simply “worse versions” of first offenses. They are legally distinct, procedurally complex cases where experienced DUI defense matters most. Understanding how priors work, how penalties escalate, and how these cases are actually defended can significantly affect the outcome.
A felony DUI charge can be challenged in several ways, such as questioning the legality of the traffic stop, disputing the accuracy of breath or blood tests, or proving there was no impairment. An experienced attorney will review the case and explore all potential defenses.
Felony bail can range from $20,000 to over $1,000,000 for serious violent crimes, with higher amounts for cases involving weapons, injury, or prior convictions.
Yes. Your defense attorney can file a motion to reduce bail or request release on your own recognizance under the In re Humphrey ruling.
A felony DUI conviction can remain on your criminal record permanently, which can impact future employment opportunities, housing, and other aspects of your life. Some states allow for expungement or record sealing, but this is not always available for felonies.
A DUI becomes a felony if there are aggravating factors, such as causing injury or death, having multiple prior DUI convictions, or driving under the influence with a child in the vehicle. Each state has its criteria for elevating a DUI to a felony.
