California DUIs are “priorable” offenses. This means that the punishment increases with each successive drunk driving conviction that takes place within a ten-year period. This ten-year timeframe period also includes (1) California “wet reckless” convictions, and (2) out-of-state convictions that, if committed in California, would constitute a DUI.
California DUI penalties can be severe, depending on whether you’re facing your first, second, third, or subsequent driving under the influence conviction. Most drunk driving cases are prosecuted as misdemeanors, although certain offenses will rise to the level of California felony DUI.
There are facts and circumstances that, if present at the time you are arrested for driving under the influence, will increase your county jail or state prison sentence. These aggravating facts will increase your DUI penalties, regardless of whether you’ve been convicted of a first, second, third, or subsequent DUI.
The most common of these include: 
- Having a blood alcohol content (BAC) of 0.15% or higher
- Refusing to submit to a chemical test
- Causing an accident
- Driving at excessive speeds
- Having children under the age of 14 in the car (also known as Penal Code 273a child endangerment)
- Being under 21 at the time of your DUI offense
What type of enhanced penalty you receive for any of these aggravating factors will depend on (1) the exact circumstances of your California DUI arrest, and (2) your criminal history (with emphasis on your prior DUI history).
If you would like to discuss your case with a DUI defense attorney, call our office today at (619) 238-1905 for a free consultation.
