Oakland Third Offense DUI Lawyer
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.