Jo-Anna Nieves
Founding Attorney
Oakland Third Offense DUI Penalties
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When someone is arrested for their third DUI offense, they are facing increased fines and fees than from the previous two DUIs. A third-offense DUI conviction carries a minimum of 120 days in jail and up to one-year imprisonment. Oakland third-offense DUI penalties also include a fine of up to $1,000 and a three-year revocation of the driver’s license. After a 12-month license suspension, the driver may be eligible for a restricted license. However, if they receive the restricted license, they must install the ignition interlock device in their vehicle. An individual convicted for their third DUI will also have to take a two-year DUI class. If you are facing Oakland third-offense DUI penalties, contact a seasoned third-offense DUI attorney.
The legislature created a 10-year window for which drivers can be charged with prior DUIs. This means that if a driver is charged with a DUI and has a previous DUI conviction within 10 years of the subsequent offense, then the penalties will be increased. The window of time the defense attorneys and prosecutors focus on is 10 years because that is the period in which the district attorney’s office can increase penalties for subsequent DUI arrests. Therefore, if someone is facing Oakland third-offense DUI penalties within the 10-year window, they are facing severe consequences.
The courts take DUI charges very seriously, especially when the defendant has previous convictions on their record. This means that the defendant may face custody jail time and that mandatory alcohol treatment is likely. Also, the individual can be required to wear a monitor that checks whether they have alcohol in their blood system. The monitor may also track the person’s movement, which means that the monitor can alert when the person consumed alcohol or is in an area that they are not permitted to be in. When someone does violate the monitor restrictions, they can face greater punishment and extended probation.
Any penalty enhancements for the third-offense DUI charges in Oakland are similar to the enhancements that may be used on a first or second offense. For instance, if the individual’s blood alcohol content level is extremely high, they could be facing enhanced penalties. In California, it is illegal for non-commercial adult drivers to drive with a blood alcohol content of 0.08 percent or higher. Commercial drivers cannot have their blood alcohol content above 0.04 percent and drivers on probation cannot have theirs above 0.01 percent. If the blood alcohol concentration level is 0.15 percent or higher, harsher penalties can be imposed. For instance, the DMV could then require a nine-month DUI school for a first-time DUI offense. The penalties may be increased even more if the blood alcohol content is 0.20 percent or higher.
Other penalty enhancements could be added if there was an accident involved, the person was driving on a suspended license, or if the driver refused to submit to a chemical test. When minors are in the vehicle, the driver could be charged with not only a DUI but also child endangerment. To learn more about the Oakland third-offense DUI penalties and the aggravating factors, consult with a knowledgeable attorney.
If you are facing Oakland third-offense DUI penalties, seek the services of a seasoned lawyer. An experienced attorney could give you legal advice, build a defense, and advocate for you throughout the legal process. Call today to schedule a consultation.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
