People often ask us, is there a Three Strikes Law for DUI in California?
California is famous for a lot of things: The sights at the Golden Gate Bridge, glitz and glamour of Hollywood, delicious coastal wine, the massive stretches of beach, and unfortunately, the antiquated Three Strikes law.
As many Californians know, the Three Strikes Law for DUI sentencing law places offenders behind bars. If a defendant is convicted of a felony, and already has one on record, they face twice the typical prison sentence for that crime. A third conviction results in a mandatory prison sentence of 25 years to life.
Enacted 1994 and adapted in 2012 by Proposition 36, the original law requires 25-life mandatory sentencing for a third felony conviction. This rule applies if the third conviction is considered “serious” or violent.” The Three Strikes Law for DUI is more lenient today. Before Proposition 36, the law required the mandatory sentencing for any third felony offense. Many people received life imprisonment sentences for significantly less violent crimes, like felony petty theft.
Possibility of the Three Strikes Law for DUI
It’s important to know about the Three Strikes law for DUI in California. It does include DUI convictions. So if you have a felony DUI conviction on your record, or are facing felony DUI conviction today, it is likely you may face of this incredibly harsh sentencing law.
With that said, there are three scenarios that involve a driver under the influence (DUI):
1. Scenario One:Three or more prior DUI convictions in the last 10 years. These three prior offenses can include a combination of DUIs (in any state) and “wet reckless” convictions. Typically a person receives a wet reckless by accepting a plea bargain down from a DUI charge. If you have a collection of three of these offenses on your criminal record, your next DUI arrest will be for felony DUI.
2. Scenario Two: If you are driving drunk and injure other people. Felony DUI charges include those for DUI vehicular manslaughter and DUI second-degree murder.
3. Scenario Three: You are at risk if you have a prior felony DUI on your criminal record. Unfortunately, California is hard on “repeat offenders.” A charge of felony DUI applies to those who already a felony DUI on their record past. History has shown, this happens regardless of the circumstances surrounding your latest DUI arrest. Whether or not the arrest involves accident or injury does not factor into the decision. Nor does the blood alcohol content (BAC) limit.
Defend Your Freedom
California’s Three Strikes law makes it incredibly important to fight against any and all felony charges, or any criminal charges that could possibly lead to a felony charge down the road.
Hiring an experienced DUI attorney in California is the most effective way to defend yourself against DUI charge. Your attorney will argue for your interests both in and out of court. California defense attorney Darren Kavinoky employs the best attorneys in Los Angeles.
If you’re facing DUI or other criminal charges, don’t let them get out of hand. We work 24/7 and stay up so you can rest easy.
Call the Kavinoky Law Firm at 1.800.NO.CUFFS for a free consultation.
