Fourth or Subsequent DUI Convictions in California: What Changes in Sentencing

September 20, 2025 by Vincent Tucci

Facing a fourth DUI charge in Southern California can feel overwhelming. At Braden & Tucci, we’ve defended many clients at this exact crossroads. Understanding how a fourth (or later) DUI changes exposure—from felony filing decisions to longer programs and license consequences—is the first step in building a defense and protecting your future.

Felony Thresholds for Multiple DUIs

In California, a fourth DUI within the statutory lookback period is generally eligible for felony filing under Vehicle Code §23550. That escalation reflects the court’s view of a pattern, but it also opens avenues for litigation: challenging the validity of prior convictions, contesting the basis for the stop or arrest, and scrutinizing chemical testing and procedure.

Jail Minimums and Prison Exposure

Sentencing exposure rises significantly on a fourth offense. Courts may impose a mandatory minimum jail term, and if the case proceeds as a felony, state prison exposure can apply. Sentences depend on case facts, prior record, and the quality of mitigation presented by the defense.

Mandatory DUI Programs & IID

Fourth or subsequent convictions often require intensive DUI education—commonly up to a 30-month program. Ignition interlock devices (IID) may be required before and after any reinstatement milestones. Early, documented compliance with program and IID requirements can influence outcomes.

License Revocation and Long-Term Impacts

Expect a lengthy driver’s license revocation period on a fourth DUI. In some circumstances, clients may later seek restricted driving with IID and proof of program compliance. Financial impacts (fines, assessments, insurance) and background consequences also scale up.

Defense Strategies on a Fourth DUI

Challenge the stop and arrest: Probable cause, reasonable suspicion, and arrest procedure must be lawful.
Attack testing and timelines: Field sobriety tests, breath/ blood collection, calibration, chain of custody, and reporting are fertile ground for error.
Scrutinize priors: Prior DUI convictions must be valid and usable; defects or constitutional issues can limit sentencing exposure.
Mitigation & rehabilitation: Documented treatment, sobriety, and stability can move negotiations and sentencing.

Our practice is focused exclusively on DUI defense. Managing Partner Vincent John Tucci has tried nearly 100 DUI jury trials, handled over 2,000 DMV hearings, is a past President of the California DUI Lawyers Association, and is certified in standardized field sobriety testing and multiple breath-testing devices.

FAQs

Is a fourth DUI always a felony?

It is commonly filed as a felony under VC §23550, but filing decisions and outcomes depend on case facts, prior validity, and defense strategy.

How long is the DUI program on a fourth offense?

Courts frequently require up to a 30-month program for fourth or subsequent DUIs. Actual terms depend on the judgment and compliance.

Can I get a restricted license?

In some cases, clients later pursue restricted privileges with IID and proof of program compliance. Timing and eligibility are case-specific.

What if one of my prior DUIs is defective?

A prior with constitutional or procedural defects may be challenged, potentially limiting sentencing exposure. This is fact- and record-dependent.

What should I do first?

Get counsel immediately. Early steps—program enrollment, IID readiness, documented sobriety, and medical/ treatment records—can materially help your defense.

Bottom Line

A fourth DUI greatly increases exposure, but outcomes turn on the facts, the status of your priors, and the defense you mount. With focused DUI counsel and documented rehabilitation, many clients avoid the harshest results.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Outcomes vary by case. For guidance on your situation, consult a qualified attorney licensed in California.