Bakersfield Multiple DUI Attorney
Defense for a 2nd, 3rd or 4th DUI Conviction
In California, a Driving Under the Influence (DUI) charge is a "priorable" offense. This means that with every subsequent arrest within a 10-year "look-back" window, the stakes grow exponentially higher. If you are facing charges for a second, third, or fourth DUI in Kern County, the prosecution is no longer looking for a simple lesson—they are looking for significant jail time, long-term license revocation, and a permanent criminal record.
At Humphrey & Thompson, we understand that a mistake in judgment or a flaw in a chemical test shouldn't cost you your livelihood. Our Bakersfield multiple DUI lawyers are Board-Certified criminal law specialists who scrutinize every detail of your arrest—from the lawfulness of the initial traffic stop to the calibration of the breathalyzer—to build a defense that protects your rights.
If you are facing a second, third, or fourth DUI conviction, contact Humphrey & Thompson today to discuss your options.
The 10-Year Look-Back Period in California
California law (Vehicle Code 23152) tracks DUI convictions for exactly 10 years, measured from arrest date to arrest date. If your current arrest occurs within 10 years of a prior DUI or "wet reckless" conviction, you will face enhanced penalties.
Even if your prior conviction was in another state, California will often count it toward your total if the out-of-state law is substantially similar to California’s DUI statutes.
Second DUI
A second DUI conviction within 10 years is a misdemeanor, but it carries mandatory requirements that are far more intrusive than a first offense.
Penalties for a Second DUI in Kern County:
- Mandatory Jail Time: Minimum of 96 hours to a maximum of one year in county jail.
- Fines: Total assessments and fines can range from $1,800 to $2,500.
- License Suspension: A court-ordered suspension of up to two years. However, you may be eligible for a restricted license if you install an Ignition Interlock Device (IID).
- DUI School: Mandatory attendance of an 18-month or 30-month licensed alcohol education program.
- Probation: Three to five years of summary probation.
Third DUI
By the time a third DUI charge is filed, the court views the defendant as a "habitual offender." In Bakersfield, judges and prosecutors are notably less lenient with third-time offenders.
Penalties for a Third DUI:
- Mandatory Jail Time: Minimum of 120 days to a maximum of one year in county jail.
- License Revocation: A three-year revocation of your driving privileges. You may only become eligible for an IID-restricted license after 18 months.
- Designation: You may be labeled a Habitual Traffic Offender (HTO) by the DMV for three years.
- Fines: Increased fines and court assessments, often exceeding $2,800.
- DUI School: A mandatory 30-month multi-offender program.
Fourth or Subsequent DUI
In California, a fourth DUI within a 10-year period is typically charged as a felony. This is a life-altering charge that moves your case from county jail to state prison.
Felony DUI Consequences:
- Incarceration: 16 months, two years, or three years in prison.
- Fines: Up to $5,000 plus additional penalty assessments.
- License Revocation: Permanent or long-term revocation of your driver's license (minimum four years).
- Felon Status: A permanent felony record, which results in the loss of your right to own a firearm and significantly impacts future employment opportunities.
- Habitual Traffic Offender: Mandatory HTO status for three years.
Defending Multiple DUI Charges in Bakersfield
Defending a multiple DUI case requires more than just showing up to court. Humphrey & Thompson utilizes a multi-pronged strategy to challenge the prosecution’s evidence:
- Challenging the Prior Conviction: If your previous DUI conviction was constitutionally invalid (e.g., you weren't properly advised of your rights), we may be able to "strike" the prior, reducing your current charge to a first or second offense.
- Forensic Evidence Review: We analyze the maintenance logs of the breathalyzer used or the chain of custody for blood samples. Simple errors in lab processing can lead to a dismissal.
- Illegal Search and Seizure: If the Bakersfield Police or Kern County Sheriff lacked "reasonable suspicion" to pull you over, all evidence gathered afterward—including BAC results—may be suppressed.
- Alternative Sentencing: In many cases, we can negotiate for "DUI Court," house arrest, or residential treatment programs in lieu of traditional jail or prison time.
criminal law specialists
Recognized by The State of California As Board Certified Criminal Defense Experts
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- Rob B.
He was straight forward, informative, and very easy to work with from inception to completion. I strongly suggest reaching out to Mr Thompson should you need the services offered by his office!
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- Felicia E.
He values his clients and understands their individual needs. He will work hard to guarantee that justice is served for everyone involved. He is honest and supportive throughout the entire process. We will never forget what Kyle has done for us.
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- Jenna B.
My husband hired Jared Thompson to defend him against bogus charges. Their price was affordable and well worth the work they put in. Even though the DA's office was not helpful and kept delaying the case over and over, Mr. Thompson and his team never gave up. It was finally dismissed and we couldn't be more happy with the outcome.
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- Cesar M.
They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning our defense strategy. The paralegal staff was also courteous and prompt in their responses, which made the whole stressful process much more bearable. I am profoundly grateful for their services. the Martinez Lugo family we loved them we really recommended thanks so much :)
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- Aimee G.
The process was easy and they made it so that I didn't have to appear in court. I highly recommended them!
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- Saijel P.
Kyle and his team are absolutely amazing! With my whole case they kept it completely stress free. Kyle will explain everything in a way you could actually understand. I highly recommend him. He's honest, fair and compassionate and fantastic to work with.
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- Aracele S.
I’d like to express my sincere gratitude to Kyle Humphrey at Humphrey & Thompson for his help with an unexpected case. He was highly thorough and made sure I understood every part of the process, which was especially important as this was my first and only legal matter. Many thanks to you and your team!
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Needed a lawyer for our juvenile son for a felony assault case. Public defender was not very helpful and told us that at best our son would be on a very intensive probation for years if not sentenced to a camp. Rob Singh took our case and basically got everything resolved outside of court with the prosecutor within 2 weeks. Alleviated a lot of stress and anxiety by getting our son on a very minimal probation for 6 months and then records completely sealed. Highly recommended and would definitely hire this firm again.- Erik S.
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Jury Trial Acquittals
Molestation and Sexual Abuse of Minors
Mr. Thompson Secures Complete Dismissal of all Charges at Jury Trial for Accusations of Molestation and Sexual Abuse of Minors
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Case Dismissal
Sexual Abuse
Allegation of Continuous Sexual Abuse Dismissed Before Trial. -
Case Dismissal
Felony Sex Case
Felony Sex Case based on Undercover Decoy Sting Dismissed Entirely. -
Case Dismissal
Rape
Rape Case Dismissed Based on Defense Investigation and Medical Evaluation Before Trial. -
Case Dismissal
Sexual Battery
Local business owner charged with sexual battery, dismissed. -
Avoid Sex Offender Registration
Sex Offense
Juvenile Client Has Felony Sex Offense Case Dismissed and Is Not Required to Register
Do Not Lose All Hope
As you can see, the consequences can be quite severe and greatly affect your future. But do not lose all hope and give up. There are things that can be done to lessen the consequences and it is not uncommon to get an acquittal, even if you are guilty of the charges. There are rights that you have and it is important that your rights are protected, no matter what mistakes you have made.
Having worked both sides of the criminal justice system, Humphrey & Thompson is well-prepared to fight for your best interests. Our staff is ready to come to your defense throughout Kern County twenty-four hours a day.
Contact a Bakersfield DUI defense attorney today for legal counsel with a record of success.
