DUI Lawyer | Joel Brand, Esq.

Challenging Priors in a DUI Case

When facing a DUI charge in California, having prior DUI convictions can significantly impact the severity of the penalties. California’s DUI laws are among the strictest in the country, and the state imposes progressively harsher penalties for repeat offenders. However, there are legal avenues to challenge the validity and admissibility of prior DUI convictions. Successfully challenging priors can reduce the consequences of a new DUI charge, potentially leading to lesser penalties or even dismissal of the case.

Understanding the Impact of Prior DUI Convictions

In California, DUI offenses are “priorable,” meaning that prior DUI convictions within a 10-year period can be used to enhance the penalties for subsequent DUI offenses. Here’s how prior DUI convictions can affect a new DUI charge:

  1. Increased Penalties:
    • A second DUI conviction within 10 years can result in fines up to $2,000, a minimum jail sentence of 96 hours up to one year, and a two-year license suspension.
    • A third DUI within 10 years can lead to fines up to $3,000, a jail sentence of 120 days to one year, and a three-year license suspension.
    • A fourth DUI within 10 years can be charged as a felony, with a potential prison sentence of up to three years.
  2. Mandatory Alcohol Education Programs:
    • Repeat DUI offenders are often required to complete longer and more intensive alcohol education programs. For example, a second-time offender may need to complete an 18-month program, while a third-time offender could face a 30-month program.
  3. Installation of an Ignition Interlock Device (IID):
    • Courts may require the installation of an IID, which prevents the vehicle from starting if alcohol is detected on the driver’s breath. The duration of this requirement increases with the number of prior convictions.
  4. Habitual Traffic Offender Status:
    • A person convicted of multiple DUIs within 10 years may be designated as a habitual traffic offender (HTO), which can lead to additional penalties for any future traffic violations.

Given these severe consequences, challenging the validity of prior DUI convictions is a critical strategy for defense attorneys.

Grounds for Challenging Prior DUI Convictions

There are several legal grounds on which a defendant can challenge prior DUI convictions in a California DUI case. These challenges can be based on procedural errors, constitutional violations, or issues related to the plea process in the previous cases.

  1. Constitutional Violations:
    • A common ground for challenging a prior DUI conviction is the argument that the conviction violated the defendant’s constitutional rights. For example, if the defendant was not properly advised of their rights under Miranda v. Arizona (384 U.S. 436 (1966)) during the arrest or interrogation process, the prior conviction could be challenged.
    • Additionally, if the defendant was not provided with adequate legal representation during the prior DUI case, this could constitute a violation of the Sixth Amendment right to counsel. The landmark case Gideon v. Wainwright (372 U.S. 335 (1963)) established that defendants have the right to competent legal representation. If this right was violated, the prior conviction may be invalidated.
  2. Procedural Errors:
    • Procedural errors during the previous DUI case can also be grounds for challenging the prior conviction. For example, if the court failed to follow proper procedures during the trial or plea process, the conviction could be deemed invalid.
    • One common procedural error involves the failure to obtain a valid waiver of the defendant’s constitutional rights before accepting a guilty or no-contest plea. Under Boykin v. Alabama (395 U.S. 238 (1969)) and In re Tahl (1 Cal.3d 122 (1969)), a defendant must knowingly and voluntarily waive their rights to a jury trial, to confront witnesses, and against self-incrimination. If the court failed to secure a proper waiver, the prior conviction could be challenged.
  3. Invalid Plea Agreements:
    • If a prior DUI conviction resulted from a plea agreement, the defendant may challenge the conviction on the grounds that the plea was not entered into voluntarily or knowingly. The court must ensure that the defendant fully understands the consequences of the plea, including the potential for enhanced penalties in future cases. If the plea was coerced, uninformed, or based on faulty legal advice, the prior conviction could be overturned.
    • California Penal Code Section 1016.5 requires the court to inform non-citizen defendants of the immigration consequences of a guilty or no-contest plea. Failure to provide this advisement could be a basis for challenging the plea.
  4. Issues with the Look-Back Period:
    • In California, the “look-back” period for DUI priors is 10 years. This means that only DUI convictions within the past 10 years can be used to enhance the penalties for a new DUI offense. If a prior conviction falls outside this period, it cannot be used to increase the severity of the current charges. Defense attorneys should carefully examine the timeline of prior convictions to ensure that they are within the applicable look-back period.
    • The 10-year period is measured from the date of the offense, not the date of conviction, so it’s essential to calculate this period accurately.
  5. Unlawful Arrest or Invalid Stop:
    • If the initial stop or arrest in the prior DUI case was unlawful, this could serve as grounds to challenge the validity of the conviction. Under the Fourth Amendment, individuals are protected against unreasonable searches and seizures. If the arresting officer did not have probable cause to stop or arrest the defendant in the prior case, the conviction could be challenged and potentially invalidated.

Filing a Motion to Strike Priors

To challenge prior DUI convictions, the defense attorney typically files a Motion to Strike Priors under California Penal Code Section 1385. This motion requests that the court dismiss one or more prior DUI convictions from consideration in the current case.

  1. Preparing the Motion:
    • The defense attorney must gather evidence and legal arguments to support the motion. This may involve reviewing transcripts, court records, and police reports from the prior DUI cases, as well as gathering any new evidence or witnesses that can attest to the issues with the previous convictions.
    • The motion must clearly outline the legal grounds for challenging the prior convictions, whether they are based on constitutional violations, procedural errors, or other relevant factors.
  2. Court Hearing:
    • Once the motion is filed, the court will schedule a hearing where both the defense and the prosecution can present their arguments. The defense attorney must demonstrate to the judge that the prior convictions are invalid and should not be considered in the current case.
    • The prosecution will typically argue against the motion, asserting that the prior convictions were valid and should be used to enhance the penalties in the current DUI case.
  3. Judge’s Discretion:
    • The judge has the discretion to grant or deny the motion. If the motion is granted, the prior convictions will be stricken from the record, and the current DUI case will proceed as if the defendant has no prior DUI convictions. This can result in significantly reduced penalties.
    • If the motion is denied, the prior convictions will be considered in determining the penalties for the current DUI charge.

Conclusion

Challenging prior DUI convictions in California is a complex process that requires a deep understanding of constitutional law, procedural rules, and the specifics of the defendant’s case history. For those facing a DUI charge with prior convictions, it’s crucial to work with an experienced DUI attorney who can thoroughly investigate the prior cases and identify potential grounds for a challenge. Successfully challenging priors can make a significant difference in the outcome of a DUI case, potentially leading to reduced penalties, alternative sentencing, or even dismissal of the charges.

Citations:

  1. Pitchess v. Superior Court (1974) 11 Cal.3d 531
  2. Miranda v. Arizona (1966) 384 U.S. 436
  3. Gideon v. Wainwright (1963) 372 U.S. 335
  4. Boykin v. Alabama (1969) 395 U.S. 238
  5. In re Tahl (1969) 1 Cal.3d 122
  6. California Penal Code Section 1016.5 – Immigration Consequences of Pleas
  7. California Penal Code Section 1385 – Motion to Strike Priors
  8. California Vehicle Code Sections 23152 and 23153 – DUI Offenses and Penalties
  9. California Vehicle Code Section 23536-23552 – DUI Penalty Enhancements