Posted on: January 9, 2015 by in DUI
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Orange County DUI defense attorneyCalifornia Vehicle Code 23103 and 23152. In California, your fourth DUI is a felony. If you are charged with DUI – whether it’s a first offense or you’ve been convicted previously – you’ll need to obtain legal counsel immediately and contact an experienced Orange County DUI defense attorney. In Colorado, a man named Danny Lovern was charged last year with DUI for the sixteenth time. Subsequent DUIs are not felonies in Colorado. In California, a fourth or subsequent DUI is a felony, but the maximum sentence for a sixteenth DUI in Colorado is a year in jail. The Colorado prosecutor took Lovern’s case before a grand jury, and grand jurors indicted him on assault and attempted manslaughter. They determined that for Lovern, simply getting behind the wheel while impaired constituted the assault and attempted manslaughter of anyone who might be on the road with him.

Almost anyone can make a mistake or be in the wrong place at the wrong time. When you’ve been convicted of DUI two or even three times, you can still say it was just a bad break, and you can be much more cautious about avoiding drinking and driving. But what should the law do about the person busted for DUI for the umpteenth time, someone who isn’t helped by DUI classes or rehab and who isn’t concerned about the law? When should the state simply say that enough is enough?

California’s system, for all of its faults, may offer a more effective approach than Colorado’s. Under California Vehicle Codes 23103 and 23152, beginning with someone’s fourth offense, DUIs in California are felonies, so the more chronic offenders are punished more harshly and serve longer terms than first-time and second-time offenders. Thus, it’s unlikely that a case like Danny Lovern’s could happen in California. But if you face a DUI charge in southern California, now or in the future, take your case at once to an experienced Orange County DUI defense attorney.