Jo-Anna Nieves
Founding Attorney
License After an Oakland Third Offense DUI
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When someone receives their third DUI conviction, their driver’s license will be suspended for three years. The individual is eligible for a restricted license after 12 months. Even then, the driver must have the ignition interlock device installed in their vehicle. If the person is not eligible for a restricted license, they have a revoked license for three years and cannot drive at all until the three-year period is over. If you have been charged with your third DUI, a seasoned attorney could help you understand what happens to your license after an Oakland third-offense DUI. A third-offense DUI attorney could also inform you of your options while advocating on your behalf throughout the legal process.
Before penalties are imposed, a conviction of a DUI is required. However, someone facing their third DUI offense could be ordered to do certain things by the court while their case is pending. These requirements usually include ordering the defendant to attend alcohol counseling or treatment and wear a device that monitors their alcohol intake called a SCRAM bracelet.
A person facing their third DUI charge may be ordered by the court to not consume any alcohol, regardless of whether they are driving or not. To enforce it, the court can order the person to wear the alcohol-monitoring device. The individual may also be subject to random testing, especially if the charge is a DUI for drugs. Any number of conditions could be imposed on someone faced with a third-time DUI charge. If the conditions are violated, they may be taken into custody by the court and remain in custody until their case is resolved through a plea bargain or a jury trial.
The methods for challenging the suspension of a license after an Oakland third-offense DUI are the same as the first and second offense. This means the person can challenge the suspension via an administrative hearing. Anyone charged with a DUI in criminal court is also entitled to a hearing through the DMV. At the hearing, the attorney can challenge the basis for the arrest, stop, and any evidentiary issues. If the challenge is successful, there is no suspension ordered at this point. However, there could still be a suspension ordered in the criminal system depending on how the case resolves.
After someone has had their license suspended, they may apply for a restricted license after the first year. If the individual is granted a restricted license, they are not permitted to drive any vehicle that does not have an ignition interlock device installed. However, if the person is not granted a restricted license, they cannot drive for three years. A restricted license allows an individual to drive to certain places like work, school, court, and the grocery store. To learn more about the restricted license after an Oakland third-offense DUI, call a knowledgeable attorney.
Assuming no suspension was ordered by the DMV following the administrative hearing, a person who is acquitted of a DUI can apply to have their full driving privileges reinstated by the DMV. The court system sends an abstract to the DMV after a person has a jury trial to show that the person was acquitted. As long as no prior suspension was ordered by the DMV, the individual is entitled to have their full driving privileges reinstated. If you have any questions regarding your license after an Oakland third-offense DUI and how a legal professional could help protect your driving privileges, speak with a seasoned lawyer today.
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
