Fifth DUI in California: Is It a Felony and Can You Go to Jail?

sam46403
Aug 7
6 min read

If you’ve been charged with 5 DUIs in California, you’re probably scared—and rightly so. At this point, it’s not just about fines or license suspensions. You could be facing a felony and real prison time. But you still have options. I’ve helped people in your shoes fight back, reduce charges, and even avoid jail. At Salhab Law, I treat every client like their future matters—because it does. If you need someone who knows the system and won’t give up on your case, I’m here to help. Let’s talk before things get worse.

1. When DUI Becomes a Felony

In California, most DUI cases start as misdemeanors. But once you hit 5 DUIs in California, that changes fast. The law takes repeat offenses seriously—and by the fifth time, it’s no longer about just making a mistake. It’s now a felony, and that means real consequences: a criminal record, time in state prison, and a much harder path back to normal life.

Under California Vehicle Code Section 23550.5, a fifth DUI within 10 years almost always results in felony charges. Even if no one was hurt, the law assumes your behavior shows a disregard for public safety. And if your earlier DUIs involved injuries, or if you’re currently on probation, prosecutors are even more likely to push for the harshest sentence.

At Salhab Law, I’ve handled cases just like this. I know what the DA will try to use against you—and more importantly, I know how to fight back. I work to keep your record from getting worse and to find alternative options that could spare you prison.

2. Jail & Prison Sentences for a Fifth DUI

Let’s talk straight: if you’re looking at 5 DUIs in California, jail is not just a threat—it’s a real possibility. A felony DUI can land you in state prison for 16 months, two years, or even three years. Felony DUI time is served in state prison, and there’s often little flexibility unless a deal is made before sentencing.

This isn’t county time where people go home on weekends. Felony DUI time is served in state facilities. For some, probation or house arrest might be available—but that depends heavily on how your case is handled and what kind of advocacy you have.

As someone who has defended people facing their fifth DUI, I can tell you the key is early and aggressive legal action. I dig into the arrest details—did the officer follow procedure? Was the stop legal? Were your rights respected? If we can challenge the stop or the test results, we might avoid the harshest outcome.

And if a conviction is likely, I don’t just sit back. I work to negotiate alternatives—treatment programs, suspended sentences, or sentencing under “nonviolent” categories that can reduce your actual time served. You’re not powerless, but you need someone who knows how to work the system in your favor.

3. Fines, License Suspensions & DMV Penalties

When you’re facing 5 DUIs in California, the penalties don’t stop with jail. The DMV has its own process—and they don’t wait for a court to decide. Your license could be revoked for up to three years, and getting it back won’t be easy.

Administrative Per Se (APS) law triggers immediate suspension if you fail or refuse a chemical test. You have only 10 days to request a DMV hearing.

You’ll likely be labeled a Habitual Traffic Offender, which makes every future ticket or stop even riskier. And yes, fines will stack up too—usually starting around $1,000, but after court fees and assessments, it could cost you several thousand dollars. That’s not even counting the cost of DUI school, an ignition interlock device, and increased insurance rates if you’re ever able to drive again.

At Salhab Law, I help clients manage the court side and the DMV side. I’ll represent you at your DMV hearing, challenge the automatic license revocation, and try to keep your driving future alive. It’s not a guarantee—but I’ve had success helping people keep limited or restricted licenses when it seemed impossible. You don’t want to go through that hearing without someone who knows what the DMV needs to hear.

4. Intensive DUI Programs & Treatment Requirements

After 5 DUIs in California, the court and DMV usually require more than a slap on the wrist. You’ll probably be ordered into a 30-month multiple-offender DUI program. That’s over two years of weekly classes, counseling, and alcohol monitoring. These programs are designed not just to punish—but to change behavior.

They take time, money, and effort—and missing classes or failing a test can send you straight to jail. But the upside is this: completing a program can be your ticket to keeping a restricted license, getting credit in sentencing, or even showing the court that you’re serious about change.

I work with several licensed DUI programs across Orange County. When we meet, I help clients get into the right program quickly, and if you're willing to commit, I can use that to your advantage in court. Judges respond to effort. If you’ve got 5 DUIs in California, it’s time to show them you’re taking a different path.

5. Aggravating Factors That Increase Penalties

If you already have 5 DUIs in California, any extra factor can turn a bad situation into a disaster. These are called aggravating circumstances, and they often lead to longer sentences, higher fines, and stricter probation. Common aggravators include having a blood alcohol content (BAC) over 0.15%, refusing a chemical test, causing an accident, injuring someone, or driving with a child in the car.

The court doesn’t treat these lightly. If you had any of these factors present, the DA will likely push hard for the maximum sentence. I’ve seen cases where these elements changed everything. At Salhab Law, I work fast to soften how those facts are presented. Sometimes it means showing that no one was really hurt. Other times, it’s about proving that the BAC test was wrong. The key is acting early before the prosecution locks in their version of events.

6. Collateral Consequences of a Fifth DUI

Most people focus on jail time, but 5 DUIs in California affect your life in other painful ways. A felony DUI can make it hard to get a job, rent an apartment, or qualify for a loan. It can also hurt your immigration status or your ability to travel internationally. If you’re a licensed professional—like a nurse, contractor, or teacher—you could lose your license or face discipline.

You’ll also lose your right to own a firearm and possibly your right to vote. These are lifelong consequences. I always tell clients that fighting a fifth DUI isn’t just about avoiding prison—it’s about protecting their future. At Salhab Law, I look at the full picture. If we can reduce the charge or win at trial, we’re not just saving you time—we’re saving your opportunities, too.

7. Defending Your Case & Possible Alternatives

It might feel like your case is hopeless, but having 5 DUIs in California doesn’t mean you can’t fight back. A strong defense can challenge the reason for your stop, the accuracy of your breath or blood test, or whether your rights were violated. I’ve helped people get charges reduced—or dismissed completely—when it looked like there was no way out.

Sometimes, we don’t beat the charge, but we negotiate something better. That might be house arrest, a treatment-focused sentence, or a delayed judgment that keeps you out of prison if you follow a strict plan. At Salhab Law, I push for every option. My goal is to get you a second chance, or at the very least, a softer landing.

8. Why You Need a Criminal Defense Attorney

With 5 DUIs in California, you’re not just dealing with one more case—you’re facing a life-changing event. Prosecutors are aggressive. Judges expect accountability. And you need someone who knows how to navigate that pressure. A public defender might mean well, but they’re often overwhelmed. You need someone who’s fully focused on you.

I’ve built my career helping people in tough spots. When you hire me, you get me—not a junior assistant or a stranger who shows up late to court. I answer your calls. I explain your options. And I fight with everything I’ve got to protect your freedom and your future.

Let’s Talk Before Things Get Worse

If you’re dealing with 5 DUIs in California, the next move you make could shape the rest of your life. Don’t wait. Every day that passes makes it harder to challenge the evidence or negotiate better terms. At Salhab Law, I offer a free consultation where we can talk honestly about your case, your risks, and your options.

You don’t have to face this alone. I’ll give you the attention you deserve and the defense you need. Let’s find a way forward—together.

Visit salhablaw.com or call now to schedule your free case review.

FAQs

1. Is a fifth DUI in California automatically a felony?

Yes, a fifth DUI conviction within 10 years is usually charged as a felony, carrying state prison time up to three years and elevated legal consequences.

2. How much jail time can a felony fifth DUI bring?

Conviction can mean up to 16 months, 2 years, or 3 years in state prison, with a minimum of 180 days mandatory.

3. What are the fines and additional penalties?

Fines range from $390–$1,000 plus assessments. You’ll also face four-year license revocation, mandatory ignition interlock, DUI school, plus Habitual Traffic Offender status.