February 22, 2016
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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:
- House arrest;
- Private jail;
- SCRAM monitoring;
- Rehabilitation program;
- Weekend jail;
- Work programs or work furlough.
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.