MULTIPLE DUI ARRESTS, PENALTIES & MYTHS
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MULTIPLE DUI ARRESTS
A third DUI automatically mandates 120 days of jail time with possibility of up to a year. In addition, you will be put on either court or formal probation for 3-5 years, fines that can add up to $3,000, license suspension or restriction up to 3 years, and 18 months of DUI school. Court fees and costs could be paid over time with interest, in full within 45 days, or can be partially worked off with community service.
If the Department of Motor Vehicles decides on a suspended license, you are prohibited from any driving. A restricted license allows you to drive to and from work or school. As with the second DUI, an ignition interlock device will be installed in your car if given a suspended license. An ignition interlock device is a portable breath-testing device that prevents your car from starting if the breath sample provided exceeds the limit it is set to, which is usually no alcohol.
Driving Under the Influence usually counts as misdemeanors. However, if you are reaching your fourth DUI conviction, it might be charged as a felony DUI, especially if there are dangerous factors involved such as injuries, damage, children and the such. Call (916) 441-4888 to speak with a DUI defense attorney in Sacramento about your case.
Driving under the influence is taken extremely seriously in all states, but even more so in California. First DUI penalties are as follows: 3-5 years of Court probation; a fine, including court fees and costs up to $1800; 6 month loss of California Driver License; DUI school, which is dependent on your blood alcohol level; and mandatory jail time of 48 hours with a possibility of work service instead. Some counties in California also require the installation of an ignition interlock device on their vehicle for 5 months. The penalties for a second DUI are similar but worse: 3-5 years of court probation; a fine up to $2800; 2 year loss of license; 18 month DUI school; and mandatory jail time of 96 hours. If arrested for a DUI call a DUI lawyer in Sacramento CA at (916) 441-4888 for free consultation.
When someone has a third DUI the penalties include: 3-5 years of court or formal probation; a fine up to $2800; minimum 3 years of license suspension but could be up to 10; DUI school; and mandatory jail time of 120 days. If reaching a fourth DUI, it may be considered a felony DUI. Punishment for these types of cases are severely worse and can include up to three years in state prison, permanent loss of license and a lot more. These penalties are the minimum. If there were any intensifying factors involved, like a child in the car, speeding, driving on a suspended or restricted license, an accidents, the penalties are much worse.
Due to propaganda and deception, certain myths regarding driving under the influence has formulated over the years. One of the most common myths is that blood alcohol content is a reliable indicator of driver impairment, when in reality, people who regularly consume alcoholic beverages are typically less impaired at a given BAC than someone who doesn’t drink as often.
Similarly, the myth that a breathalyzer is a reliable and consistent indicator of Blood Alcohol Content and that the given BAC as a result is a reliable and consistent indicator of driver impairment is another myth. In truth, breath alcohol content is highly inconsistent as a measure of blood alcohol content, varying from person to person and situation to situation.
Another common myth is that the likelihood of being in an accident increases even if only one drink is consumed. If arrested speak with a DUI defense attorney in Sacramento at the Law Offices of Wing & Parisi, call (916) 441-4888 today.
There is even greater ambiguity in myths when it comes to the “arresting” stage of a DUI. One myth in this regard is that it is always better to refuse to provide blood, or breath if suspected of a DUI. In reality, this is circumstantial. In some situations, a driver is better off refusing to provide evidence but in other situations, refusals can be harmful and can carry additional penalties.
Additionally, refusing to perform field sobriety tests is not the same as refusing to provide a sample of blood or breath. But this refusal may be used for other reasons like showing probable cause for your arrest. If chosen to accept the field sobriety test and you pass, the police will not necessarily let you go. The police know that field sobriety tests are unreliable and therefore if they suspect you are driving while impaired, they will make you take a blood or breath rest regardless. If you were arrested for a DUI protect your legal rights and call (916) 441-4888 for free consultation with an experienced DUI defense attorney in Sacramento.
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If you have been arrested and charged with a crime, contact the Law Office of Wing & Parisi for free consultation.
Have been arrested and charged with a DUI?
Call our DUI defense attorney in Sacramento for free consultation.