Third DUI California

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Tag Archives: third dui

Third DUI California

Third DUI California

If you have a Third DUI in California, you have a difficult situation. You’re better off with the assistance of an experienced, professional DUI attorney that can fight for you and protect you.

Third DUI California punishment

Unlike your first or second DUI, a third DUI is all about punishment, not education.  There is mandatory jail time of 120 days, plus a license revocation, plus close monitoring by the court, and a mandatory alcohol school.
You would be looking at any or all of the following:
  • Probation for five years;
  • County jail minimum of 120 days, up to 365 days maximum;
  • Fines and fees of over $2,000;
  • Revocation of your driver’s license and driving privileges.
  • Alcohol school program of 18, up to 30 months;
  • Attendance at the MADD VIP Program.

Avoiding the mandatory jail time for a Third DUI California case

The law, and the courts, encourage alternative sentencing for DUI cases.  That may include some or all of the following:
Those programs listed above are not automatically approved.  The prosecutor’s office, the DA of Orange County, opposes alternative sentencing for DUI cases in all instances in Orange County.  That means that often we must bypass the prosecutors in court, and get the approval of the judge through a court offer, or get the approval of a supervisor at the prosecutor’s office, bypassing the junior deputy DAs in court, to get those programs.
It also greatly helps your case to be pre-approved for any of those programs.  That shows initiative, responsibility, and alleviates the court’s concern that you may be sentenced, but not approved, to any of the above.

Third DUI California defenses

Defending a DUI involves a careful review of all defenses, factual and legal, that might apply, given the exact facts of the case.  In that way, it is the same process as getting a first or a second DUI dismissed. Either there is some legal factor that causes the DUI to be dismissed via motion, or after a trial you may get a not guilty in the case.
It helps you to have an experienced top DUI lawyer who will review the facts and circumstances surround your third DUI arrest.
Third DUI California and DUI court in Orange County cases
Orange County has an experimental program known as DUI court.
DUI court requirements are time consuming, as the court requires mandatory attendance in court, participating with probation in testing, and additional classes and requirements.  For that reason, people often drop out of DUI court.  However, participating in DUI court involves electronic home confinement through house arrest, which avoids jail.

Contact us for a Third DUI consultation.

Contact our firm today.  We have successfully handled Third DUI cases over 22 years of DUI defense, and we can help you.

Man with 17 DUI convictions is sentenced

Man with 17 DUI convictions is sentenced

Man with 17 DUI convictions is sentenced is sentenced in Massachusetts.

The news had a story about a man with 17 DUI convictions is sentenced. It turns out that there were two such cases.  In the opinion of this Orange County DUI Lawyer, multiple DUI cases usually are a deep sign of physical or neurological problems that often go unaddressed by the court system.

Português: Uma cela moderna em Brecksville Pol...

Orange County Jail is not the place you want to be, trust me., people with multiple DUI cases are helped by intensive rehab, sobriety, and treatment for physical or mental issues, not helped by jail, as evidenced by the many who go to jail and reoffend again.

As a case in point, a man in Kansas this week was sentenced for his seventeenth DUI case.

A different man who had seventeen DUI cases in Peabody, Massachusetts, and had done prior prison time, was sentenced in 2011 to no jail time for his seventeenth conviction. In that case, defendant Charles Stefanilo Jr.’s driver’s license had already been revoked for life as a result of his long history of drinking and driving. But he got behind the wheel over Labor Day weekend in 2011, and probation officials wanted a judge to revoke his probation as a result.

“That means I would be doing eight years in jail,” Stefanilo, 55, complained to Judge Timothy Feeley. “It’s crazy.”

(See http://www.salemnews.com/news/local_news/no-jail-time-for-man-with-duis/article_a452aff5-8b4c-5817-8da0-8c8cb1ba34ea.html).

Man with 17 DUI convictions is sentenced in North Carolina

In a completely separate case, someone with seventeen DUI cases in North Carolina, was previously sentenced to seven years in State Prison in that state.

In the case in Kansas, I mentioned above, this particular man was sentenced to one year in jail for his seventeenth conviction.

Stephen Gast Jr. pleaded guilty after his arrest last month, when law enforcement officers were called about a drunken driver. They found Gast in his vehicle, swerving in the road, according to the prosecutor in the case.

The conviction was Gast’s 17th DUI since 1980, with most of the offenses occurring in Leavenworth County, where Gast has been a lifelong resident.

Gast was sentenced to one year in jail and a $2,500 fine, the maximum punishments in Kansas for a person after four or more DUI convictions.

The sentence allows Gast to leave jail on work release after 48 hours in custody if he can verify employment.(Source: http://www.kansascity.com/news/local/crime/article28349164.html)

The high rate of Orange County DUI cases have triggered the specifically the Newport/Costa Mesa area, is the world capital of rehab programs.  Rehab homes in Orange County can offer treatment ahead of time ,which can help avoid jail or prison sentences, which doesn’t help public safety, or solve the underlying problems.

Contact us if you have questions about multiple offense DUIs.  We have experience in this area and can help you.