Happy Monday.
I was reading the article below about a guy from Idaho getting 30 years for having six DUI convictions.
Our firm has had amazing success dealing with San Diego DUIs that have prior offenses. With that said, these cases are very challenging due to the time that is hanging over someone’s head. The key on these cases is to find evidence that will bring the prosecution to the table to negotiate. Call the Law Offices of Mark Deniz to get the ball rolling at 858-751-4384.
Multiple DUIs
A DUI has severe consequences with a first time DUI and no previous criminal record. If a person is arrested with another DUI within 10 years of a previous DUI conviction, they will be facing even more severe consequences. These cases more than before need effective representation.
San Diego prosecutors will likely allege a prior if you have a prior DUI conviction within 10 years. This includes convictions for “Wet Reckless” convictions as well. If the conviction is outside the state of California the prosecution may or may not be able to allege the prior. It is an area an attorney needs to research. Our firm has extensive knowledge in determining whether they will be able to use an out of state prior against you.
Second DUI
A Second DUI increases the penalties. Many people feel their second DUI case is going to be similar that the first. It is not. Not even in the slightest. It comes with the following:
- Mandatory Custody time.
- Probation for five years
- Multiple DUI Education course, which is 18 months long. This is referred to by the DMV SB 38 course.
- 1 year license suspension
- Higher Consideration for Interlock Ignition Device (IID)
- Higher Fines
- Higher Public Work days required
Third DUI
If someone has two previous DUIs within 10 years and is arrested on their third DUI the prosecution will believe there is major alcohol issues. They will be seeking actual jail time instead of picking up trash or being on an ankle monitor. These cases need to be reviewed very intensely. Some of the Mandatory Penalties include:
- Five years probation
- Minimum of 120 days to a maximum of one-year county jail.
- 30 month DUI Education Program.
- Three year license revocation, which after 18 months, may be converted to a restricted license.
- Increased fines
Call the Law Offices of Mark Deniz to get the ball rolling at 858-751-4384.
Being arrested for driving under the influence (DUI) is one of the most harrowing experiences a California motorist can face. In addition to facing an automatic license suspension, a drunk driving arrest can lead to a number of severe criminal penalties-including hefty fines and a possible jail sentence. And, if you are one of the thousands of individuals who have a prior drunk driving conviction on your record, the stakes are even higher. Under the state’s mandatory sentencing guidelines, a second DUI offense can carry much harsher punishment than a first offense.
San Diego DUI law classifies any person who has been convicted of driving under the influence within a ten-year period as a repeat DUI offender. As a result, lawmakers grant little leniency to those who are found guilty of a subsequent charge-and many of the penalties you receive will be based on the nature of your prior arrest.
Like most states, California law prohibits anyone from operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. However, if you are under 21, you can be charged with DUI if your BAC is 0.01% or higher. Commercial vehicle operators are also subjected to an even lower BAC limit of just 0.04%. Any driver who is found to be in violation of these guidelines can therefore be arrested and charged with driving under the influence.
Along with enforcing the above BAC limits, California’s “Implied Consent Law” requires drivers to submit to chemical testing if they are ever suspected of driving while impaired. Designed to calculate BAC, chemical tests (breathalyzers, blood, and urine tests) are one of the most common tools law enforcement officers use to identify drunk drivers. In the event that you are pulled over on suspicion of driving under the influence, you are legally obligated to allow the officer to administer a test to determine your BAC. In fact, refusing to comply can lead to even more severe penalties than failing the test. Call the Law Offices of Mark Deniz to get the ball rolling at 858-751-4384.
If you are charged with driving with an illegal BAC and have been convicted of a similar offense in the past, the punishment for a second conviction can include up to a one-year license suspension, possible jail sentence, and mandatory alcohol treatment. In addition, you will be forced to obtain SR22 insurance-a type of auto insurance policy reserved for high-risk drivers-for up to three years after your driving privileges are restored. In light of SR22 insurance costing two to three times more than your current policy, this penalty can easily become one of the most damaging.
CONCLUSION
If you are convicted of refusing a breathalyzer or other chemical test for a second time, you will face the same penalties listed above; however, whereas drivers who fail a chemical test are eligible for a restricted license after a specified period of time-allowing them to drive to and from work, school, and other court-approved activities-individuals who are convicted of violating the state’s implied consent law do not qualify for these limited privileges.
Call the Law Offices of Mark Deniz to get the ball rolling at 858-751-4384.
CALDWELL, Idaho (AP) – A southwestern Idaho man has been sentenced to 30 years in prison following his sixth DUI conviction.
Thirty-eight-year-old Roy D. Rico of Caldwell received the sentence Tuesday in 3rd District Court in Canyon County. He must serve six years before becoming eligible for parole.
Prosecutors sought a life sentence, contending that was the only way to protect the community.
Rico was arrested in November, and a blood draw found a blood-alcohol content of 0.255, more than three times the legal limit.
At the time of his arrest, he was on probation for a 2015 DUI conviction. He also had felony DUI convictions in 2004 and 2011, as well as misdemeanor DUI convictions in 2001 and 2002.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384. Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384.
