Fresno Third DUI Offense Attorney

What You Need to Know About California Multiple DUI Law

Just as with a first or second DUI offense, California provides strict penalties for those charged with a third driving under the influence (DUI) offense. Law enforcement in Fresno will consider a driver with a blood alcohol concentration (BAC) of 0.08 percent or higher to be impaired. Although for drivers under the age of 21, the limit is 0.01 percent, and for commercial drivers, the BAC limit is 0.04 percent or higher. Additionally, driving under the influence of drugs, both illegal and legal, can result in a DUI charge.

Understanding the nuances of California DUI law is crucial. Many drivers do not realize that even prescription medications can affect their ability to drive and result in a DUI charge. The law also takes a comprehensive approach by including checkpoints and field sobriety tests as part of the enforcement strategy. Awareness campaigns in Fresno aim to educate drivers about the severe consequences associated with DUI offenses, reflecting the community's dedication to reducing accidents and fatalities.

Learn more about the penalties for a third DUI charge and how you can fight them by contacting our Fresno third DUI attorney today. Call (559) 257-4707 or fill out this online form.

How California Defines a Multiple DUI Offense?

In California, multiple DUI offenses are defined by the number of prior DUI convictions within a 10-year “look-back” period. The timeline includes any DUI or “wet reckless” conviction, which is a reduced charge related to alcohol impairment.

• Second DUI offense: Two DUI convictions within 10 years.
• Third DUI offense: Three DUI convictions within 10 years.
• Fourth or more: Four or more DUI convictions can result in felony charges.

If you’ve been charged with a DUI and have previous convictions, a Fresno multiple DUI attorney can evaluate whether all prior convictions are legally valid, whether the timeline meets the 10-year window, and whether your rights were violated at any point during the arrest or prosecution process.

What are the Penalties for a Third DUI Offense in California?

The penalties imposed after a third DUI offense in California are even harsher than those associated with the first or second DUI. This can include losing your driver's license for up to a year, fines of up to $2,500, a minimum of 120 days to one year in jail, and further California alcohol/DUI education through a state-approved program. In addition, you will be required to file for SR22 proof of insurance for three (3) years, which can triple the cost of auto insurance.

Additionally, if you refuse a breath or blood test after arrest, your driver's license will be automatically suspended for three years. This is because of California's "implied consent" laws, which assume a driver's consent to chemical testing in exchange for the privilege of driving on California roadways.

The state prosecutor may also request to have you remanded into custody out of a professed concern for the safety of the local community. The court will make this decision based in part on whether you will appear for pretrial hearings and later trial. An experienced DUI attorney can make all the difference in keeping you out of jail while awaiting your hearing. Local Fresno DUI attorneys Terry Wapner and David Jones are familiar with the local judges and prosecutors, and understand what it takes to secure your freedom during this difficult process.

Aggravating Factors That Increase Penalties

Not all DUI cases are treated equally. Certain aggravating factors can result in enhanced penalties, even for a second or third offense. These include:

• High blood alcohol content (BAC) of 0.15% or greater
• Refusal to submit to a chemical test
• Causing an accident or injury
• Driving with a suspended or revoked license
• DUI with a minor passenger under the age of 14
• Speeding excessively while impaired

What to Do After a Multiple DUI Arrest in Fresno?

Taking immediate steps after a DUI arrest is essential. Time is of the essence, especially when dealing with DMV deadlines and court appearances. Here’s what to expect and how to protect yourself:

1. DMV Hearing: You have only 10 days from the date of your arrest to request a DMV hearing to challenge your license suspension. If you miss this deadline, your license will be automatically suspended.
2. Retain Legal Counsel: Hiring a Fresno multiple DUI attorney as soon as possible ensures that you have representation during all phases of your case—from the DMV hearing to pre-trial motions and trial.
3. Collect Evidence: Gather any dashcam footage, receipts, witness names, or other information that might support your defense. Your attorney will also investigate the police report and lab results for flaws.
4. Consider Treatment Options: Enrollment in an alcohol education or treatment program early in the process can reflect positively on the court and potentially influence sentencing outcomes.

Third DUI Alcohol Education Program

After a third DUI conviction in Fresno, you will be required to attend an even longer DUI/alcohol education program. This requires enrollment and attendance in a minimum 18-month program or a 30-month program, which will include:

• Group Counseling (78 hours)
• Alcohol and Drug Education (12 hours)
• Regularly scheduled interviews.

These educational programs are designed not only to address the legal requirements but also to offer support in understanding the root causes of repeated DUIs. Participants engage in discussions aimed at recognizing triggers and developing strategies to avoid future offenses. Many find the group setting beneficial for sharing experiences and gaining insights from peers. This collaborative environment facilitates a deeper understanding of the steps necessary to refrain from reoffending, making it a critical component of the rehabilitation process.

What are Potential DUI Defense Strategies Our Multiple DUI Lawyer May Employ?

When facing multiple DUI charges, employing an effective defense strategy is essential to mitigating consequences. One common approach is questioning the legality of the traffic stop. Law enforcement officers must have reasonable cause to make a stop, and any evidence obtained illegally may be dismissed. Another defense may challenge the accuracy of breathalyzer and field sobriety tests, both of which can be prone to error. External factors such as medical conditions or improper testing procedures can skew results, making it possible to contest the validity of such evidence.

Another strategy is to investigate whether the arresting officer followed proper protocol during and after the arrest. Missteps in the arrest process, such as failing to provide Miranda warnings, can also serve as a basis for a defense. Furthermore, in some instances, negotiating a plea deal may be a viable option, allowing for reduced charges or penalties. Consulting a seasoned multiple DUI attorney in Fresno can help in identifying the most suitable defense strategies, using their knowledge of local judicial tendencies to secure a favorable outcome.

Fresno Multiple DUI Attorney Committed to Aggressive Defense

Facing multiple DUI charges is overwhelming, but you don’t have to face them alone. The legal team at Wapner Jones, PC is committed to defending individuals charged with repeat DUI offenses in Fresno and the surrounding Central Valley. We handle each case with attention to detail and a strategic approach focused on minimizing your exposure to jail, fines, and license suspension.

Whether you’re facing a second DUI or are in urgent need of a Fresno third DUI offense lawyer, we’re prepared to act fast, investigate your case, and fight for the best possible outcome.

To learn more about defending your third DUI charge, contact our Fresno third DUI lawyers at (559) 257-4707.