Other than the most serious felony DUI cases, San Francisco Bay Area third offense DUI cases are the most challenging for both the DUI lawyer and the client. A third offense DUI in California is defined as two DUI offenses which both occurred within ten (10) years of an original DUI pursuant to California Vehicle Code Section 23152(a) or (b), OR a conviction pursuant to Vehicle Code Section 23103 sentenced under Vehicle Code Section 23103.5, commonly known as a "wet reckless." Third offense DUI's require incredible persistence for a DUI lawyer to keep his or her client out of a long jail sentence and for this reason many DUI law firm mill type office won't even accept them. I am not one of those DUI lawyers so I'm grateful that these cases truly have been rare in my twenty years of practice.
DUI third offenders and usually not released from jail like DUI first offender or even second offenders in that a bail bond is almost always required for the DUI arrestee to be released from custody prior to his or her arraignment or first court appearance. The Arraignment typically is heard before a judge or magistrate within 48 hours of arrest, weekends and holidays excluded. Depending on the jurisdiction, the DUI offender will either be released own recognizance, OR, or bail will be set and must be posed prior to release. It's very common though for the DUI arresting officer is not aware of all of the arrestee's prior DUI convictions, so they might be released from the jail with a citation or notice to appear for arraignment only to find that the District Attorney did find all of the DUI convictions so now they're possible being remanded into custody at their arraignment and bail is set. Either way, the arraignment is a crucial hearing in a third offense DUI because the general strategy for success in avoiding jail time is a long one and the judge's pretrial release orders likely be in effect for the life of the DUI case. Typical pretrial release orders for San Francisco Bay Area DUI cases include: an ankle worn alcohol monitor or SCRAM, attendance in AA meetings and/or treatment, no driving orders, etc.
There are defenses to third offense DUI's in the Bay Area. Indeed, all of the same defenses available to a first offense DUI exist in third offense DUI cases. If the DUI arrestee wasn't actually observed driving the motor vehicle or if admissibility questions about the blood evidence or accuracy of the breath test evidence, must be explored. However, in my experience handling San Francisco Bay Area third offense DUI cases, I can say that the DUI client's number one goal is avoiding extended jail time that often causes them to lose their employment. Third offense DUI convictions in California have a MINIMUM jail sentence of 120 days. Bay Area district attorney's though regularly want more than the minimum, more like 180 days. Since the typical jail sentence for Bay Area second offense DUI's is something like 10 to 60 days picking up garbage with the Sheriff's Work Alternative Program or SWAP, going to jail for even 10 days would be a huge escalation in punishment and 180 days is crushing. This is why Bay Area third offense DUI's rarely go to a trial which could expose them to a potentially harsher sentence from the judge.
No, third offense DUI's are most often successfully resolved by the DUI arrestee accepting responsibility and getting help with their alcohol, drug or emotional life issues that led to their DUI arrest. For this reason, third offense DUI offenders should enroll in a residential or least outpatient treatment program as soon as possible after their DUI arrest. This is often good for the DUI client and more importantly the DUI attorney can then appear for the arraignment armed with documentation for the judge and prosecutor that might help avoid a jail remand or harsh pretrial sentencing orders. If the client is looking at sure jail time for the DUI arrest, it would be wise for that person to enter a residential treatment program. I've had multiple third offense DUI arraignments were the prosecutor asked to have my client remanded to jail and I've countered to the judge that he or she was in a residential treatment program and instead of remanding, couldn't the court just order that the client stay in the program instead? If the judge agrees, now the third offense DUI client can stay in a program that will accrue day for day credit against any future sentence which could be a year or more away.
Another and arguably easier way to settle San Francisco Bay Area third offense DUI cases is to simply work out an agreement with the district attorney for an electronic monitoring or house arrest sentence. Electronic monitoring requires the DUI probationer to remain in their home with the exception of going to work and other exceptions like attending treatment, doctor's appointments, etc., depending on the judge's discretion. Many district attorneys and judges, however, look askance at such serious DUI cases with no jail sentence. Nevertheless, since every Bay Area county has some form of electronic monitoring, that means that it is POSSIBLE that third offense DUI offenders can be sentenced to it. That said, it's again crucial that the third offense DUI client participates in treatment. A judge that wouldn't unusually let a third DUI offender have a house arrest sentence, might be more open to it if he or she felt that it might do more harm than good. Either way, the name of the game in San Francisco Bay Area third offense DUI cases is to avoid an actual jail sentence or at least minimize it. To achieve this goal, time is what's required and this is why DUI lawyers who refuse to handle them are suspicious to me.
Of course there's other elements to a third offense DUI punishment like formal or informal probation, fines and fees, an 18 month DUI school and the California Driver's License is revoked and the arrestee is deemed a "Habitual Traffic Offender" by the Department of Motor Vehicles or DMV. An experienced San Francisco DUI lawyer will know to negotiate these for the DUI client but the brutal reality is that these are all secondary considerations compared to a four to six month jail sentence. If fact, any of these penalties can be negotiated with even harsher result so long as the overall agreement means no or limited actual jail.
Probably more than anything, a San Francisco Bay Area third offense DUI is an opportunity to make a difference is someone's life. Watching my client's transformation from the day of their arrest to their case conclusion is the most rewarding part of my work as a DUI lawyer. At the time of this writing, I've NEVER had a Bay Area third offense DUI client as a repeat client. The fourth DUI is a felony and I can count those clients on one hand. Perhaps if they were my clients for their third offense DUI, the fourth DUI felony would never have happened.
If you've been arrested for a third offense DUI in the San Francisco Bay Area, then you need a San Francisco DUI lawyer that understands that a long jail sentence cannot be accepted. Bay Area third offense DUI's require patience, persistence and putting the DUI client's interests ahead of your own as the DUI defense lawyer. I know this and I care about making a difference in peoples lives and this why I do accept Bay Area third offense DUI cases and put this same care and concern for all of DUI cases.
Call San Francisco DUI attorney Nors Davidson today for a free consultation about your DUI, third offense or otherwise. (415) 601-4140
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