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The penalties for repeat offenders of DUI laws certainly do escalate for 2nd and 3rd time offenders.  As a former deputy district attorney, and someone that has been practicing criminal defense for 13 years I know the ins and outs of DUI law.   Please call for any questions. Below I will give a brief overview of how the 2nd and 3rd time offenses escalate punishments for DUI offenses.

But first, sometimes I recieved phone calls from people who are facing a DUI after a Felony DUI these DUI's are always treated as Felonies. 

 

For second time offenders with a BAC below .15

First the administrative penalties, the DMV will give a hard revocation of your license for a period of one-year.  However, after 90 days from conviction, not from charges, but convction you are eligible to go to the DMV and have an ignition interlock device placed on your vehicle.  You wil also have to sign up for the repeat offender DUI course 18 month and get an sr-22. and pay a fee.

 

As far as criminal court you will get additional days of aowp then you did for your first offense.  This of course depends on your BAC if  your BAC is .15 or above you are considered to have an elevated BAC which could lead to higher penalties and costs. 

Many times I am asked should I go to A.A. to impress the Judge.  Certainly if you are serious you should go to A.A. and get proof.  Also, the Judge could order either A.A. or outpatient treatment as a condition of release.  If ordered you should certainly go, or it could result in being taken into custody.

 

3rd Time DUI consequences

On a third time DUI you don't have the option of the iginition interlock device after 90 days and still must complete the repeat offender DUI class the 18 month class.

As for court consequences you have 120 days minimum jail sentence for 3rd time convictions.  How this is handles is some extent up to the Judge and your circumstances. 

If the court orders you into treatment you can count this as your in custody time, of course this is at the Judges discretion, and you should not preemptively go to in-patient treatment because the Judge will not give you credit for those days unless ordered by the Judge.

You can also, get on what many people refer to as the monitor.  However, you should make sure you are on what the scram program calls the scram 2 program because that is the only program the Judge will give day for day credits for.  The scram 2 program has a built in alcohol sensor as part of the device.

If  you are taken into custody to begin your 180 days as some Judges will do, you can still bail out because you have not yet been convicted.

What is AOWP

The AOWP progam is a program in Fresno County this is for the most part work release. 

You have probably seen them on the side of the road picking up trash.  In Fresno County you can do up to 90 days AOWP time and the remainder of the 120 days must be spent in custody.   If the Judge agrees custody could be the scram 2 program, in patient treatment program, or a combination.

The good thing about the above-mentioned programs is that they keep you out of actual custody at the Fresno County Jail facility.  If however, you do not cooperate or complete the terms as outline above you will have a turn in date from the Judge.  The Judge will not want to hear that you did not complete things you were ordered to do by the Court.  In addition, most times the court will not even let you put yourself on calendar to argue for more time to complete AOWP or other things you will be sent to Jail.

You certainly need experienced counsel for this type of offense especially as the consequences get much harsher.  If you need help do not hesitate to call us.

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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