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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Oakland Third Offense DUI Penalties

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.

Factoring the Time Between DUIs

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.

Court Treatment of Third-Offense DUI Charges

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.

Penalty Enhancements for Third-Offense DUI Charges

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.

Contacting a DUI Attorney in Oakland

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.

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