Facing a third-offense DUI can be an intimidating prospect. Oftentimes, charges are complicated by the circumstances surrounding the arrest and the past record of the accused. Third-offense DUI charges can fluctuate greatly in the potential penalties a conviction can carry. In such cases, it is critical to have an experienced DUI attorney by your side. Conor Bell is an experienced Sacramento third-offense DUI lawyer, prepared to work on your behalf to defend your interests.
Conor Bell is a long-time resident of Northern California and has served the people of the region as legal counsel in Napa, Lake Tahoe, and Sacramento. He has extensive experience providing counsel across a broad range of litigation, including DUI charges. Conor Bell understands that each case is unique and applies his experience to advocate vigorously on his clients’ behalf.
In the State of California, a DUI charge may occur when a driver has been drinking alcohol, taken any substances that affect their motor functions, or a combination of both, in such a way that driving is impaired.
A DUI arrest usually results from a police officer administering a preliminary alcohol screening (PAS), which typically includes a breath test. Further tests, such as blood and urine, may be done as well. If a test shows a blood alcohol concentration (BAC) of 0.08% or higher and you are over 21 years of age, 0.01% and you are under 21 years old, or 0.04% if you are a commercial driver, you can be charged with DUI.
According to the National Highway Traffic Safety Administration (NHTSA), 30% of fatal crashes result from drunk driving. As such, states typically approach multiple offenses harshly. In the state of California, DUI penalties increase with each offense.
A third offense DUI will see fines increase, with a minimum of one hundred and twenty days to a one-year jail sentence in the Sacramento County Jail, with the possibility of additional time. A license suspension of a minimum of three years is put into place, along with mandatory attendance in an intensive alcohol program. You may also have an ignition interlock device on your vehicle for three years.
For third-offense DUIs to incur standard penalties, a driver must have committed no other crimes and agreed to submit to a preliminary alcohol screening. Penalties may be harsher, however, if a driver has a BAC of 0.15% or higher, refuses to submit to a PAS, drives at excessive speeds, or causes an accident.
If no other crimes occur in the context of a third-offense DUI, they are typically considered misdemeanors. However, they may be increased to felony charges if someone is hurt or killed in the accident, if it is determined that child endangerment occurred, or if there are prior felony DUI convictions on a driver’s record. Felony penalties for a third-time DUI can significantly increase the severity of punishments.
Due to the severe penalties that can accompany a third-offense DUI charge, it is critical to hire a third-offense DUI lawyer with experience. Conor Bell has been defending his clients for years in DUI litigation. He understands the complexities that can occur with such cases and is prepared to apply his experience to defend you in seeking a positive outcome. With previous experience as a prosecutor, Conor knows what it takes to mitigate the penalties of a third offense DUI or have the case dismissed.
The cost of a Sacramento third-offense DUI attorney can vary. It is important to remember that, like every DUI case, each attorney is different. Lawyers are entitled to charge rates they feel reflect the services they provide. Depending on how complex your third-offense DUI case is, extensive work may be required on the lawyer’s behalf. Speak with an attorney to determine what your case may cost.
A typical sentence for a third-offense DUI includes a one-hundred-twenty-day to one-year jail sentence, as well as significant fines. It can include a license suspension of at least three years, and it is not uncommon for an IID to be installed in a vehicle. The offender could also be granted a restricted license after serving the suspension requirement. It should be noted, however, that each case is different, and some penalties may be more severe.
In California, a third DUI offense has a base fine of between $1,000 and $3,000; however, additional expenses may be incurred, which can make it more expensive. Court fees and filings can greatly increase the expense. In addition, following a conviction, insurance premiums often increase sharply. There may also be additional fees for alcohol programs, and payment for any device installation, such as IIDs.
While there is no single defense that fits every situation, when litigating a DUI charge, there are some common strategies. One is to call into question the validity of PAS administration or its equipment, such as breathalyzers. An extension of this is to argue that field sobriety tests were not administered in accordance with their strict regulations. A third is to challenge the validity of the traffic stop itself and question the probable cause that initiated the police interaction.
While a third-offense DUI charge can be intimidating, it is not an uncommon charge. A recent study found that there were .3 DUI arrests for every 100 drivers in a recent year in the city of Sacramento. Whether you are facing a misdemeanor or felony charge, it is critical to have experienced counsel by your side to provide guidance and advocate on your behalf. The Law Office of Conor Bell is dedicated to helping Sacramento residents when they need it most.
Contact the Law Office of Conor Bell today to learn how we can help.