San Fernando DUI charges with prior DUI

San Fernando DUI charges with prior DUI

Question: I have a DUI in San Fernando. I also have a prior DUI from Van Nuys. Will the new DUI be charged as a felony? and if so, what kind of penalties am I looking at? Will I have to go to prison?
Answer:  Hi, I would need to know a little bit more about your cases to give you a direct answer, but I will list some general information about how DUI’s are charged.
In many instances a second DUI is charged as a misdemeanor.  There are exceptions to this though.  In misdemeanors, prison is not an option for sentencing, but jail is.  There is a difference between prison and jail.
The first question I have is, was your first DUI that you were convicted of a felony?  If it was, that can effect how your second DUI is charged.
If your answer to question #1 is no, then my next question is, was there an accident with injury in your recent DUI?
If your answer to question #2 is also a no, then you will be charged with a misdemeanor even though it is a second offense.
Also, it’s possible that this recent DUI will be treated as a 1st offense DUI if your prior DUI  arrest was over 10 years ago from the arrest on the current DUI case.
I would be happy to give you a much more in depth explanation about your case and how I can potentially help you defend it.  Call me at 818-336-1384 to discuss further.
DUI & Criminal Defense – Law Office of Philip D. Hache