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Like a first and second DUI charge, third-offense DUI charges are misdemeanors. However, prosecutors take a third DUI charge more seriously than the first two. This is because they may feel the individual did not learn from their mistakes after the first two convictions. If you have been arrested for your third DUI, consider hiring an Oakland third-offense DUI lawyer. An experienced DUI attorney knows how to handle these kinds of cases and could advocate on your behalf throughout the legal process.

Prosecution’s Treatment of Third-Offense DUI Charges

With each increasing DUI charge, the prosecution becomes more aggressive in how they resolve the case. A third-time DUI within 10 years is a good indication that the driver has a significant drinking problem, is a threat to their own health and safety, or a danger to everyone around them on the road. The punishment and penalties for a third-time DUI are harsher than those for a first DUI conviction. The courts and judges who sentence third-time DUI defendants after trials are tougher with the penalties they hand down. Therefore, it is important for someone who is facing charges to seek the services of an Oakland third-offense DUI lawyer.

Building a Defense for Third-Offense DUI Charges

Similar to any other DUI charge, whether it is a first, second, or third, the first order of business for defense lawyers is to examine the facts surrounding the arrest to look for legal or factual problems with the police officer’s actions. Some of the issues with the officer’s actions include how the evidence was obtained and how the field sobriety tests were administered. When it appears that there are legal or factual problems with any of those steps, an Oakland third-offense DUI lawyer aggressively attacks those issues. By doing this, depending on the severity of the legal error by the police department, it may result in a case being dismissed.

A defense attorney could file a motion to suppress the use of evidence collected. There may be constitutional issues with how the officers interacted with the driver or how the evidence was obtained. Any inappropriate activities may result in motions filed by the defense attorney to have the case dismissed or evidence suppressed. There may also be evidentiary issues as to whether the person charged was the driver. It is possible to use that as a defense at trial if the prosecution cannot prove that the person charged was driving at the time of the incident.

How Defending a Third-Offense DUI is Different from First

The roles and steps a defense attorney takes to defend a DUI charge are similar, whether the charge is a first, second, or third offense DUI. However, given that the consequences are so severe with each additional DUI and the risks are so great to someone facing multiple DUI charges, it may prove to be wise at times to resolve the case short of the trial if a fair and reasonable settlement offer can be agreed upon. The financial penalties, the risk of jail time, and the significant impact on a person’s driving privileges with each successive DUI make the risk of trial a bit higher. This is why many defendants choose to settle a case when the stakes are so high.

However, if there are legal and factual issues that are apparent, a trial may prove to be the best course of action. Going to trial is always the defendant’s choice and it is made after having the opportunity to review the evidence, discuss possible outcomes, and strategize with a skilled criminal defense lawyer.

Call an Oakland Third Offense DUI Attorney

Someone facing a greater risk of punishment and penalty should retain an attorney with significant experience dealing with DUI cases in the jurisdiction. A seasoned Oakland third-offense DUI lawyer will have the skill and knowledge to resolve a third DUI charge. Having an attorney who is familiar with the procedures of the local courthouses and the policies of the prosecutor’s office is essential for anyone facing a DUI offense. If you have been arrested for your third DUI offense, call today to schedule a consultation.

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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.

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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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