Understanding 4th DUI Charges in California
Vehicle Code § 23550: Fourth DUI Offense
California law automatically charges a fourth DUI within 10 years as a felony. The prosecution must prove:
- You were arrested for DUI (current offense)
- You have three prior qualifying DUI convictions within the past 10 years
- The 10-year period is measured from arrest date to arrest date, not conviction dates
- Prior convictions can be from any state in the United States
Critical Point: If the prosecution cannot prove all three prior convictions were valid and within the 10-year window, your felony charge must be reduced to a misdemeanor.
What Counts as a "Prior DUI" for Fourth DUI Purposes?
The following convictions count toward your fourth DUI calculation:
- DUI convictions (VC §§ 23152(a) or (b)): Standard driving under the influence convictions in California
- Wet reckless (VC § 23103.5): Reckless driving involving alcohol - this DOES count as a prior
- Out-of-state DUI convictions: DUI convictions from other states that are "substantially similar" to California DUI
- Underage DUI (VC § 23140): Zero tolerance violations for drivers under 21
- DUI causing injury (VC § 23153): Whether charged as misdemeanor or felony
- Prior felony DUI: Any previous felony DUI conviction
What Does NOT Count as a Prior DUI
- Dry reckless (VC § 23103): Reckless driving with NO alcohol involvement - does NOT count
- Exhibition of speed (VC § 23109): Not a DUI-related offense
- Convictions outside 10-year window: Arrests more than 10 years ago don't count
- Dismissed charges: Cases that were dismissed or resulted in acquittal
- Arrests without convictions: Being arrested for DUI doesn't count unless you were convicted
- Juvenile adjudications (usually): Most juvenile DUI findings don't count for adult priors
Penalties for 4th DUI in Nevada County
Fourth DUI Felony Penalties
If convicted of fourth DUI under Vehicle Code § 23550 in Grass Valley, you face:
Prison
- 16 months, 2 years, or 3 years in state prison (judge determines sentence)
- Eligibility for parole after serving time
- Alternative: County jail time with probation (rare, but possible with strong defense)
Fines and Fees
- $390-$1,000 base fine
- Penalty assessments multiply the base (total $1,015-$5,000+)
- DUI program fees ($1,800-$2,500)
- License reissue fees ($125)
- Ignition interlock device costs ($2-3 per day)
Driver's License
- 4-year driver's license revocation by the DMV
- No hardship license for first year
- Lifetime ignition interlock device (IID) requirement after reinstatement
- Designated as habitual traffic offender
DUI Programs
- 30-month multiple offender DUI program (mandatory)
- Must complete to regain license
- Costs $1,800-$2,500 plus time commitment
Permanent Consequences
- Permanent felony conviction on your record
- Loss of gun ownership rights
- Difficulty finding employment
- Professional license revocation (doctors, lawyers, nurses, etc.)
- Deportation risk for non-citizens
- Counts as "prior" for any future DUI (5th DUI within 10 years)
| Consequence | 4th DUI as Misdemeanor | 4th DUI as Felony |
|---|---|---|
| Jail/Prison | 180 days to 1 year county jail | 16 months to 3 years STATE PRISON |
| Criminal Record | Misdemeanor (less severe) | FELONY (permanent, life-destroying) |
| License Revocation | 4 years | 4 years |
| Employment Impact | May find employment | Most employers won't hire felons |
| Gun Rights | Retained | LOST FOREVER |
| Professional License | Possible to keep | Usually revoked |
This is why challenging prior convictions to reduce your charge from felony to misdemeanor is absolutely critical.
The 10-Year Lookback Period: How It Works
Understanding the 10-year lookback period is crucial because if even one prior conviction falls outside the 10-year window, you don't have three priors and your charge must be reduced to a misdemeanor.
Arrest Date to Arrest Date Calculation
California measures the 10-year period from the date of your prior arrest to the date of your current arrest, NOT from conviction date to conviction date.
Example Timeline
- Prior DUI #1: Arrested January 15, 2015
- Prior DUI #2: Arrested March 10, 2017
- Prior DUI #3: Arrested July 22, 2020
- Current DUI: Arrested January 10, 2025
Analysis: Prior DUI #1 (January 15, 2015) falls outside the 10-year window by 5 days. It doesn't count. You only have TWO priors, not three. This is a MISDEMEANOR, not a felony.
Why Exact Dates Matter
I obtain certified court records showing the exact arrest dates for all your priors. Prosecutors often miscalculate or rely on incomplete records. Even a difference of one day can mean the difference between prison and probation.
Common Prosecution Errors
- Using conviction dates instead of arrest dates
- Relying on DMV records (which are often wrong)
- Counting dismissed charges as convictions
- Including dry reckless convictions (which don't count)
- Failing to verify out-of-state conviction equivalency
I catch these errors and file motions to dismiss or reduce charges based on insufficient priors.
Challenging Prior DUI Convictions
This is the most powerful defense strategy for fourth DUI cases. If I can successfully attack even one of your three prior convictions, your felony charge becomes a misdemeanor. Here's how:
1. Convictions Without Legal Representation
Under the Sixth Amendment, you have the right to an attorney in any criminal case where jail time is possible. If you were convicted of a prior DUI without being represented by a lawyer (and didn't validly waive your right to counsel), that conviction is unconstitutional and cannot be used.
I file a motion to strike the unconstitutional prior, providing court records showing you had no attorney. If granted, that prior doesn't count toward your fourth DUI.
2. Out-of-State Convictions
For out-of-state DUI convictions to count as California priors, the prosecution must prove the foreign conviction is "substantially similar" to California DUI law. Many states have different DUI statutes, elements, and procedures.
Common challenges:
- Different BAC thresholds (.10% vs .08%)
- Different elements of the offense
- No right to jury trial in some states
- Conviction for "actual physical control" instead of "driving"
I obtain the complete record from the out-of-state conviction and argue it's not substantially similar to California DUI, meaning it can't count as a prior.
3. Wet Reckless vs. Dry Reckless
This is a common area of prosecution error. Both are Vehicle Code § 23103 violations, but:
- Wet reckless (VC § 23103.5): Reckless driving involving alcohol - COUNTS as prior DUI
- Dry reckless (VC § 23103): Reckless driving with no alcohol - does NOT count
Prosecutors sometimes mistakenly count dry reckless convictions. I obtain the complete plea agreement and abstract of judgment to prove which type of reckless it was.
4. Expired or Dismissed Convictions
I verify that all three prior convictions actually resulted in guilty pleas or guilty verdicts. Sometimes prosecutors count:
- Charges that were dismissed
- Cases resolved with not guilty verdicts
- Diversions or deferred judgments
- Expunged convictions (these still count, but may have procedural issues)
5. Invalid Plea Agreements
A DUI conviction can be challenged if:
- You weren't properly advised of your rights during the plea
- The plea wasn't entered "knowingly and voluntarily"
- The judge didn't follow proper plea procedures
- You didn't understand the consequences (especially for non-English speakers)
Defending the Current DUI Charge
Even with three valid prior convictions, I still defend the underlying current DUI charge. If the prosecution can't prove you were driving under the influence, there's no fourth DUI conviction.
Attacking the Current DUI Evidence
- Illegal traffic stop: Police must have reasonable suspicion. Without it, all evidence is suppressed.
- Faulty breathalyzer: Machines must be properly calibrated and maintained. I obtain all maintenance records.
- Blood test errors: Chain of custody, storage conditions, and lab procedures must be perfect.
- Rising blood alcohol: Your BAC may have been under .08% while driving but rose by the time of testing.
- No actual driving: Prosecution must prove you drove. In some cases, they can't.
- Medical conditions: Diabetes, GERD, and other conditions can affect breathalyzer results.
If I win on the current DUI charge, there is no fourth DUI conviction—regardless of your priors.
Negotiating with the Grass Valley Prosecutor
When prior convictions are solid and the current DUI evidence is strong, I negotiate with the Nevada County District Attorney's Office for:
Felony to Misdemeanor Reduction
In some cases, especially where:
- One prior conviction is questionable (but not fully invalidated)
- Current DUI is low BAC (.08-.10%)
- No accidents or injuries
- Significant time between DUIs (showing rehabilitation)
- You've completed treatment programs voluntarily
The DA may agree to charge the fourth DUI as a misdemeanor in exchange for a plea, avoiding a lengthy prior conviction challenge.
Probation Instead of Prison
Even if convicted of felony fourth DUI, I can sometimes secure probation with county jail time instead of state prison by presenting:
- Strong employment history
- Family support and community ties in Grass Valley
- Letters from employers, family, treatment providers
- Enrollment in alcohol treatment programs
- No prior violence or serious crimes
DMV Hearing for 4th DUI
Critical: Request DMV Hearing Within 10 Days
Even though you're facing felony criminal charges, you must also fight the DMV license suspension separately. For a fourth DUI arrest:
- DMV will suspend your license for 4 years
- You have only 10 days from arrest to request a hearing
- Requesting a hearing stays (delays) the suspension until after the hearing
- I can subpoena the arresting officer and challenge the DMV's evidence
Call me immediately at 530-265-0186 so I can request your hearing before the 10-day deadline expires.
What to Expect: 4th DUI Court Process
Fourth DUI Court Timeline in Nevada County
1. Arrest and Booking
You're arrested, taken to Nevada County Jail, booked, and bail is set (typically $25,000-$50,000 for fourth DUI).
2. Arraignment (Within 48 Hours)
First court appearance at Nevada County Superior Court. You're formally charged, advised of rights, and enter a plea. Bail may be reviewed. You should have an attorney at arraignment.
3. Preliminary Hearing (Within 10-60 Days)
Prosecution must present evidence to a judge showing probable cause you committed fourth DUI and have three valid priors. This is where I challenge prior convictions and cross-examine witnesses.
4. Pre-Trial Motions (2-6 Months)
I file motions to suppress illegally obtained evidence, challenge prior convictions, and attack weaknesses in the prosecution's case.
5. Plea Negotiations (Ongoing)
Throughout the process, I negotiate with the Nevada County DA for reduction to misdemeanor or dismissal.
6. Trial (If Necessary)
If we can't reach favorable resolution, the case goes to jury trial where I fight for acquittal or hung jury.
7. Sentencing (If Convicted)
If convicted, I present mitigation evidence to the judge arguing for probation instead of prison or minimum sentence.
Common Questions About 4th DUI
How does California determine if I have three prior DUIs for a 4th DUI charge?
California uses a 10-year lookback period measured from arrest date to arrest date, not conviction dates. The prosecution must prove you have three qualifying DUI convictions within 10 years of your current arrest. This includes DUIs from any state, wet reckless convictions, and even some out-of-state convictions. However, if any prior conviction is legally defective or you weren't properly represented, it may not count.
Can I challenge my prior DUI convictions to avoid a 4th DUI felony?
Yes. Prior convictions can be challenged if you weren't represented by counsel, if the conviction was unconstitutional, if it was actually a non-DUI offense, or if the 10-year period has expired. Successfully invalidating even one prior conviction reduces your charge from felony to misdemeanor, avoiding state prison.
What is the difference between wet reckless and dry reckless for prior convictions?
A wet reckless (Vehicle Code 23103.5) is a reckless driving conviction that involved alcohol and counts as a prior DUI for enhancement purposes. A dry reckless (Vehicle Code 23103) is reckless driving without alcohol involvement and does NOT count as a prior DUI. This distinction is critical when calculating whether you have three priors for a 4th DUI charge.
Will I automatically go to state prison for a 4th DUI in Nevada County?
Not necessarily. While 4th DUI carries 16 months to 3 years in state prison, some defendants receive probation with county jail time instead. Factors include no accidents or injuries, successful challenge of prior convictions, strong mitigation evidence, and completion of treatment programs. An experienced attorney can argue for probation rather than prison.
What if my prior DUI was from another state?
Out-of-state DUI convictions can count as California priors, but the prosecution must prove the foreign conviction is "substantially similar" to California DUI law. Many states have different DUI statutes, and these differences can be used to argue the conviction shouldn't count. I review the foreign state's DUI law and the specific conviction to determine if it's truly comparable to California DUI.
Can I get a hardship license with a 4th DUI?
For the first year of your 4-year revocation, you cannot get any license—not even a restricted license for work. After one year, you may be eligible for a restricted license with an ignition interlock device if you enroll in the 30-month DUI program and file an SR-22. However, the DMV has discretion to deny this in fourth DUI cases.
How much will a 4th DUI cost me?
Total costs for a fourth DUI felony conviction typically range from $15,000-$30,000+, including court fines ($1,015-$5,000), DUI program fees ($1,800-$2,500), increased insurance rates ($5,000-$10,000 over 3-10 years), ignition interlock device ($1,500-$2,000+ per year), attorney fees, bail, and lost wages. This doesn't include the cost of a felony record on employment and housing.
Call Grass Valley 4th DUI Attorney Today
If you've been arrested for a fourth DUI in Grass Valley, Nevada City, or anywhere in Nevada County, time is absolutely critical. I need to:
- Request your DMV hearing within 10 days
- Obtain certified records of all prior convictions
- Calculate exact arrest dates for 10-year lookback
- Identify challenges to prior convictions
- Begin building your defense immediately
Call 530-265-0186 now for an immediate consultation. I'll review your case, evaluate your prior convictions, and explain exactly how I can fight your fourth DUI charge. Don't wait—every day matters when you're facing a felony.
The difference between prison and probation often comes down to attacking just one prior conviction. Let me find that weakness in your case.