San Francisco Bay Area Third Offense DUI

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.

Santa Clara County San Jose DUI .13% BAC 3rd Offense DUI

Outcome: NO ACTUAL JAIL: 160 days Electronic Monitoring, 18 Month DUI School, $2769 Fine; 2 Years IID

Description: Client was visiting California from Idaho when he was stopped by the San Jose Police Department because he forgot to turn on the headlights in his rental vehicle. Client had a few drinks, so his BAC came back a .13 % by blood test. Although only booked for DUI, the District Attorney later learned that he had two active DUI priors from Idaho and another in Texas. As a result, client was charged with a 3rd Offense DUI, almost ensuring that he would spend a significant time in ACTUAL CUSTODY JAIL. We worked this case for two years and in the end, settled it for NO ACTUAL JAIL and client never had to return to California once to appear in his case. INCREDIBLE RESULT. Client sentenced to 5 years informal probation, 160 days house arrest/electronic monitoring, 18 month DUI school (online), 2 years IID and fine of $2769. License revoked in California for 3 years. This "no jail" result allowed client to keep his job and an opportunity to turn this around and never do it again.

Alameda County Oakland DUI .15 % BAC Third Offense DUI Collision High BAC Enhancement

Outcome: NO ACTUAL JAIL TIME, 5 Years Probation, Fine $2044, 18 Month DUI School and 130 Days Electronic Monitoring

Description: Client arrested for DUI by CHP after being involved in collision. Client had two prior DUI convictions and blood test in this case was .15% BAC. Settled case today for NO ACTUAL JAIL TIME, 5 Years Probation, Fine $2044, 18 Month DUI School and 130 Days Electronic Monitoring. THIS WAS AN AMAZING RESULT!  Third Offense DUI's almost always require some significant custody time.

San Francisco DUI .15% BAC Third Offense DUI High BAC Enhancement

Outcome: Probation Granted: 3 Years, Fine of $1900, 18 Month DUI School, IID & 7 Days SWAP

Description: Client arrested by CHP after being observed speeding on Bay Bridge. Client submitted to PAS and breath test with all returning result of .15% BAC. Client had two prior DUI's, one over ten years old. Settled case today for Probation Granted: 3 Years, Fine of $1900, 18 Month DUI School, IID & 7 Days SWAP.

Contra Costa County Richmond DUI .10% BAC Third Offense DUI Collision

Outcome: NO ACTUAL JAIL: 180 DAYS RESIDENTIAL TREATMENT

Description: Client had two prior DUI convictions and multiple prior convictions for driving on suspended license. Client arrested for DUI by Hercules Police Department after totaling a car in a collision. Client was on DUI probation and did not have a valid license. Blood test came back .10% BAC. After months and months and multiple court appearances, I successfully resolved this case today for a NO ACTUAL JAIL resolution. Client sentenced to 5 years probation, fine of $1,900, 18 month DUI School and 180 days of residential treatment.

San Francisco DUI .21% BAC Third Offense DUI High BAC Enhancement

Outcome: Probation Granted: 5 years, NO ACTUAL JAIL!, 18 Month DUI School, 2 Yr IID

Description: Client picked up third DUI when arrested by CHP after "weaving". PAS test of .21% BAC with later Breath Tests of .17% and .16%. After nearly a year, we settled the case today with a plea "open" where the client received NO ACTUAL JAIL, but instead completed a six month residential treatment program that allowed him to keep his job and continue to support his wife and two children. Awesome result! 5 years formal probation, fines of $2,200, 18 month DUI School, 120 days jail (credit for residential program) and two year IID. License revoked for 3 years.

San Francisco DUI .29% BAC Third Offense DUI Collision Probation Violation High BAC Enhancement

Outcome: 5 Years Probation, Fine $2,200, 18 Month DUI School & 120 days Residential Treatment, NO ACTUAL JAIL

Description: Client had three DUI cases in three years. This one involved a collision and client was on probation for DUI and didn't have valid license.  I settled all cases for not one day in jail.

Santa Cruz DUI .21% BAC Third Offense DUI Probation Violation High BAC Enhancement  Driving on Suspended License CVC 14601.2

Outcome: ENHANCEMENT DISMISSED & 180 DAYS HOUSE ARREST: No Actual Jail Time

Description: Client was a real mess. This sixty something year old had been though many things in life, but came to me on the brink of existence as she was suffering from a lifetime of alcohol abuse. This time, she was arrested in her home after a call to the Santa Cruz Police that a woman was acting erratically after driving a vehicle until is stopped for want of gasoline. Eventually, client provided a .21% BAC breath sample, which ordinarily would be an aggravating factor, but of greater significance still was that client was still on active DUI probation for another high BAC DUI conviction in Santa Cruz County a year earlier. Indeed, client had TWO PRIOR DUI convictions in the last two years making this her third and she was also charged with driving on a suspended license pursuant to Vehicle Code Section 14601.2, the most severe offense of that section. Client had suffered from alcoholism for long time and had personal loss which only exacerbated the problem. Seeing this as the root cause of her present DUI situation, we immediately began a course of treatment which she responded to positively. Today, months later, I convinced the District Attorney to dismiss all charges except the DUI, including the high BAC enhancement. Client received five years of probation, fines of approximately $2,600, and 180 days of jail for which she's been accepted to HOUSE ARREST, which will allow her to continue with her rehabilitation. Client was referred to the 18 month Multiple Offender DUI School, but it was not ordered as a part of her probationary sentence. She'll need to complete this school to have a chance at getting her California Driver's License reinstated after all of these DUI's, but I'm optimistically hopeful that this time we've pulled the weed out from the root and there won't be any future DUI's. We've got to try!

Alameda County Hayward DUI .12% BAC Third Offense DUI

Outcome: PRIOR STRICKEN & NO JAIL

Description: Client had two prior DUI convictions when he was arrested for his third offense by the CHP after being caught speeding on I-880. Later blood test returned a result of .12% BAC. DA charged client with DUI and two priors, however, one of the priors was a mistake and could not have been committed by client. Today, we skillfully settled the case after obtaining the DA's consent to dismiss one of the priors. Client went from looking at about six months in jail to receiving a modest sentence of three years informal court probation, fine of $1,914, 18 month DUI school and only nine days of SWAP in lieu of actual jail. NO JAIL TIME ON A THIRD OFFENSE IS REMARKABLE.

Tuolumne County Sonora DUI .21% BAC Third Offense DUI Collision High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED & NO ACTUAL JAIL TIME

Description: Client had been convicted of DUI on two prior occasions as well as driving on a suspended license. In the present case, Client had been deeply affected by the down turn in the economy and went skiing (and drinking) to escape the sad realities of his life. On the way home, he lost control of his vehicle and smashed into a snow bank. The California Highway Patrol (CHP) caught up with him at a gas station and his breath tests came in at .21% BAC. Based on his record, Client was looking at a significant jail sentence. Today, I settled the case for a DISMISSAL OF THE ENHANCEMENT for high BAC. Client sentenced to three years formal probation, fines of $4,500 (convertible to community service), and 150 days of home detention in lieu of actual jail, so NO ACTUAL JAIL CUSTODY REQUIRED. Client's license subject to three year revocation by DMV.

Alameda County Oakland DUI .10% BAC Third Offense DUI

Outcome: 120 DAYS ELECTRONIC MONITORING (NO JAIL!)

Description: Client was stopped speeding by the CHP and had suffered two prior DUI convictions in the last ten years thus making this his third. On third offenses, the minimum jail sentence is 120 days, but often folks get even more. In this particular case, I expected the client to receive home monitoring v.s. jail because Oakland usually resolved these cases that way. Unfortunately, this case began with the DA's new policy that third offenders could NOT do home monitoring and thus jail was required. Needless to say, that wasn't acceptable to this fifty something year old man with a steady job and two children. So...we litigated, we continued and we tried and tried for OVER ONE YEAR, until finally, or patience paid off and the judge granted our motion to allow electronic home monitoring and thus saved my client's job. He received five years of informal court probation, fine of $1,841, 18 month DUI school and 120 days of home detention. His license was revoked by DMV for three years but he should get a restricted license with installation of an ignition interlock device. As I work off of a flat fee, this was a negative case, but seeing the benefit of the hard work and result made it worth it!

Alameda County Oakland DUI .11% BAC Third Offense DUI Probation Violation

Outcome: DUI Charges DISMISSED. Case Reduced to Reckless Driving: NO JAIL

Description: Client had suffered two prior DUI convictions and was still on probation out of Alameda County when he was stopped by the Oakland CHP for weaving. Client subsequently arrested for DUI and blood test revealed .11% BAC. Today, I settled the case for an amazing result: DUI CHARGES DISMISSED. Case reduced to reckless driving for three years informal court probation, fine of $1,013, nine month DUI school and 28 days of SWAP in lieu of custody. Considering that this case would normally be around 180 days jail, it was amazing that I was able to settle this case for NO JAIL.

Alameda County Oakland DUI .11% BAC Third Offense DUI

Outcome: Probation Granted; 28 Days SWAP, 30 Month DUI School NO ACTUAL JAIL

Description: Client stopped in February of 2011 at a DUI checkpoint. Client had previously been convicted of DUI twice before and was still on probation for his last offense. Client blew a .11% BAC and was arrested for third DUI with a minimum sentence of 120 days jail. I appeared with Client through the odyssey that is a third offense DUI for over one year. The tireless efforts were worth it, the client received: five years informal court probation, fine of $1,830, 30 month DUI School and 28 days SWAP. NO ACTUAL JAIL! Client's license suspended for six months followed by restriction with ignition interlock device.

San Francisco DUI .26% BAC Third Offense DUI High BAC Enhancement

Outcome: Probation Granted, $2,000 Fine, 18 Month DUI School, 13 SWAP & NO JAIL

Description: Client was stopped by SFPD for lane straddling and subsequent blood test came back an overwhelming .26% BAC. Client suffered two DUI's in 2005 in a short period of time in the same county. The DA only filed the case a second offense. We expeditiously settled the case for a good offer of five years adult probation, fines of approximately $2,200, 18 month DUI school, 13 days of SWAP, 40 hours of community service and a one year ignition interlock device. Considering that client was looking at a 120 day jail minimum, this settlement was a high success. Client charged with "refusing" the blood test and therefore the DMV refusal case remains pending. Strategy is to convince the hearing officer to submit the case a .08% BAC or above instead of the refusal. If this is accomplished, client can get a restricted license in 90 days. Otherwise, it would be a two year "hard" suspension.

Alameda County Oakland DUI .12% BAC Third Offense DUI

Outcome: DUI DISMISSED. Case Reduced to Reckless Driving w/DUI Prior

Description: Client stopped for speeding and line straddling by CHP. Preliminary breath test yielded a .09% BAC but evidential station test returned a .12% BAC. Client had suffered two prior DUI convictions in ten years. I appeared and quickly noted that the District Attorney had only charged two DUI's in the complaint. I short set the case for Pre-Trial Conference and spent the entire afternoon waiting for the right D.A. who eventually offered Client a "wet reckless" with a DUI prior. A TREMENDOUS RESULT! Client faced mandatory minimum of 120 days county jail and instead received three years informal court probation, reduced fine of $993, 18 month DUI school and eight days of SWAP. License suspended for ninety days and restricted for 21 months with installation of a ignition interlock device ("IID"). Phenomenal result for a deserving client.

San Mateo County DUI .13% BAC Third Offense FELONY DUI

Outcome: Probation Denied. 16 Month CDC Sentence Ordered

Description: Client was stopped for speeding by the San Bruno Police Department. Subsequent breath tests were .13% BAC four straight times. Client had suffered four prior DUI convictions, but this was his third in the ten year window. Client had prior felony DUI because of a collision which seriously injured his son and a second felony DUI because he had previously been convicted of a felony. Thus, my case was the THIRD felony DUI. Despite working rehabilitation and the case for over a year, client received a sentence of sixteen months in the California Department of Corrections. I believe the judge sentenced him too harshly, but the reality is that he will likely be soon returned to county jail due to prison overcrowding.

Contra Costa County Pittsburg DUI .22% BAC Third Offense DUI Collision High BAC Enhancement

Outcome: Probation Granted, $1,806 Fine, 18 Month DUI School, 120 Days Jail

Description: Third offense DUI cases are by their nature, the most challenging misdemeanor cases. The minimum sentence in California is 120 days of actual jail and this can be a life changing event for a client. This case was no exception. Client was charged with third offense DUI in ten years this time after flipping his vehicle off the road with a BAC of .22%. Additionally, his license was still suspended from the second offense DUI. The initial DA offer was 180 days of jail. We responded with several continuances and Pre-Trials and eventually received an offer of 30 days jail with 90 days of residential treatment. Client chose to serve jail, however, instead of treatment. Accordingly, the case settled for five years of informal probation, fine of $1,806, 18 month DUI school and 120 days of jail. License suspended for 90 days and restricted with ignition interlock device for 18  months.

San Mateo County DUI .14% BAC Third Offense DUI

Outcome: RESIDENTIAL TREATMENT & SWAP= NO ACTUAL JAIL

Description: Third offense DUI cases are the most difficult to settle especially in conservative jurisdictions like San Mateo County. By statute, third offense DUI's require a minimum 120 jail sentence. More commonly, individuals in San Mateo typically receive 8 month sentences. Today I settled such a case for three years of formal probation, fine of $2,391, 18 month DUI school, 3 months of residential alcohol treatment and 59 days of SWAP in lieu of actual jail. NO ACTUAL JAIL License revoked for three years.

Santa Clara County Palo Alto DUI .14% BAC Third Offense DUI Driving on Suspended License CVC 14601.2

Outcome: Probation, fine, 18 month school, 69 days Jail

Description: Palo Alto third Offense DUI settled today for a plea and admission to two priors. Client's most recent prior came from 2008 in Santa Cruz meaning that she was additionally charged with a Vehicle Code section 14601.2 (driving on a suspended license). BAC was a .14% breath test case. Serious case settled for three years of informal probation, ignition interlock device, fine of $1,760 and only 68 days of jail (minimum on third offense is 120). Santa Clara County is a tough spot to get a third offense. Case settled in Department 89 which has yet to formally replace Judge Monahan.

San Mateo County DUI .15% BAC Third Offense DUI High BAC Enhancement

Outcome: NO ACTUAL JAIL TIME! COMMUNITY SERVICE & ALCOHOL TREATMENT

Description: This was a tough case in which I was able to obtain a REMARKABLE RESULT. Client charged with third DUI in ten years and probation violation from DUI in Contra Costa County. Single mother client who was a victim of domestic abuse presented well and I was able to settle the case for three years of probation, six months in a Residential Alcohol Treatment Center, 18 month DUI school, fine of $2,500 and 28 days of community service. Standard third offense cases in San Mateo County are pled with an "eight month top" meaning that the client pleads guilty and is interviewed for a probation sentencing recommendation. The court only promises that the client will not get MORE THAN eight months in jail. Six to eight months actual jail in San Mateo County is the NORM, so any result short of that is incredible in light of this highly conservative jurisdiction which does not offer many alternatives to jail. Like all third offense cases, this case took many court appearances and significant persuasion of both the judge and prosecutor. In fact, many DUI attorneys won't even accept third offense cases due to the seriousness of the sentence and the personal weight they create on the attorney. Whether I like it or not, I've basically become a third offense DUI specialist as I take on more of these cases than any other DUI attorney. The difference: I actually care about the client and the result, not just the money that it will cost to represent the third offender. These cases are always financial losers, but when you can get a result like this for a client, the money truly doesn't matter.

Alameda County Oakland DUI .25% BAC 3rd Offense DUI High BAC Enhancement

Outcome: Probation, 120 days HOME DETENTION, NO JAIL

Description: Oakland is the best place in the Bay Area to get a third offense DUI. Third Offense's are often difficult cases because the client, who has rarely been to jail for any significant time, is looking at a mandatory minimum of 120 days jail, but most counties bump it up to six or eight months. This is ACTUAL CUSTODY. Settled a third offense DUI in Oakland quite efficiently for probation, fines, 18 months DUI school and 118 days of home detention. Client received no actual jail. License was revoked by DMV for three years but client should be eligible for restricted license after completing 12 months of DUI school. This case was really a joke and an example of how varied punishments can be. For example, same case in Pleasanton, which is still Alameda County, would probably result in 160 days actual custody in Santa Rita Jail, which was recently profiled on television as one of the toughest jails in the USA. Oakland is such a breeze, this particular client even got arrested for public intoxication while on home detention and didn't get any additional punishment. Better people have done more time on less serious third offenses' than this client. Gee whiz, the court even let him leave home for work, church, AA meetings, work trips, to go to the gym and even visit his kids. I have a feeling this client may not have learned his lesson and may be back for number four, which would be a felony. License was revoked by DMV for three years but client should be eligible for restricted license after completing 12 months of DUI school.

Marin County DUI .28% BAC Third Offense Felony DUI Hit and Run Collision High BAC Enhancement

Outcome: SIX MONTHS COUNTY JAIL & Residential Treatment

Description: Settled a felony DUI case today in San Rafael. Case involved a DUI collision and hit and run. Client had remarkable .28% BAC breath test results and fled the scene of a significant accident with two DUI priors. Settled the case for six months county jail and six months of residential treatment. Standard fines, fees and restitution and18 month DUI school. License revoked for three years. Excellent result as client was looking at significant jail sentence and with good time credits only served approximately four months in county jail vs. state prison.

Alameda County Oakland DUI .12% BAC Third Offense DUI

Outcome: DUI DISMISSED, CASE REDUCED, WON DMV HEARING

Description: In Oakland, I settled what should have been a third offense DUI for a reckless driving ("wet") as a first offense. Client received reduced sentence of two years of probation, fine of $866, and 12 hour DUI school. Won DMV hearing and obtained "set aside" of license suspension.

Alameda County Oakland DUI .17% BAC Third Offense DUI High BAC Enhancement

Outcome: NO ACTUAL JAIL. 118 day Home Detention Sentence

Description: I managed this third offense DUI case for full year in Oakland. Settled this high BAC, .17% 3rd offense for 120 days of home detention, 18 month DUI school. Fines of $1,760. License revoked for three years with possibility of restricted license in 12 months.