DUI PRIORS-Modesto, CA Drunk Driving

Every DUI you get within a 10 year period acts as an enhancement and increases punishment for the next drunk driving charge. For example, your first DUI requires at least 2 days of jail (or work alternative), second DUI 10 days, third DUI 120 days and fourth DUI 180 days and probably a felony. The DA’s office will charge the prior DUI’s in the complaint and if there is a negotiated plea, require that defendants “admit” the priors. If case goes to trial and the defendant is convicted of the current DUI case, he can then either “admit” the priors or force the DA’s office to prove them. For example, if you get arrested for a DUI in 2010 and you have 2 previous DUI’s, one in 1998 and one in 2005, your current DUI is a 2nd offense because the 1998 DUI fell off in 2008.

Striking the Prior-Modesto Drunk Driving Lawyer California

There are only two defenses to a DUI prior. (1) The DUI doesn’t exist and (2) the DUI is constitutionally invalid. Whether the DUI exists or not is an issue that can be decided by a jury. However, this almost never happens because the prior is either available or not. If the DUI prior is not available, the DA’s office will simply dismiss the prior allegation. If the prior is available, then there is no purpose in going to trial.

Anytime a defendant enters a plea to a drunk driving charge, they are required to be read certain rights… i.e., the right to a jury trial, speedy trial, the right to confront and cross examine witnesses, etc. If some of these rights aren’t read to a defendant, then counsel can make a motion to strike the previous DUI and have it declared unconstitutional. In the above example, if counsel successfully moves to strike the 2005 DUI, the current DUI would only be a first offense.

Contact a Modesto DUI Attorney Today!

If you are interested in getting rid of some of your DUI priors, contact Modesto DUI lawyer Ben Roberts for a free consultation.