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Second Third And Felony DUIs

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Second, Third And Felony DUI Charges

Proven Approach with results forged by Experience. 

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 are 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. My firm has extensive knowledge in determining whether they will be able to use an out-of-state prior against you.

DUI2

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 are 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. 

Alternatives to Jail

House arrest…sometimes referred to as home confinement, home detention, or electronic monitoring…is a type of alternative sentencing.  “Alternative sentencing” provides a convicted defendant with alternatives to a jail or prison sentence.

As a firm with a former prosecutor and trained DUI Defense Attorneys, we know how to present the most compelling arguments to allow you to serve your sentence under house arrest/home confinement rather than in jail or prison.

Although house arrest can exclusively confine you to your residence, that isn’t always the case (and, in fact, it seldom is).  When the judge places you on home confinement or detention, he/she orders you to abide by specific terms and conditions that restrict your freedom and mobility.  After all, home confinement is still punishment…it’s simply more desirable than traditional incarceration.

These terms and conditions may include

  • curfew restrictions,
  • random drug testing

And…depending on the severity of your offense and your criminal record

The judge just doesn’t offer house arrest.  Home confinement…and, for that matter, any type of alternative sentencing – it is a privilege which must be advocated by a skilled criminal defense attorney.  The attorney has to know how to convince the prosecutor and judge that his/her client is deserving of such an opportunity and that they will benefit from its imposition.  Prior to opening his law firm, Attorney Mark Deniz was a deputy district attorney for almost 10 years with an intimate knowledge of the various consequences a DUI conviction may cause.  Mark Deniz will aggressively defend your case by exploring every angle and argument to ensure you have the best defense possible.  Contact the Law Offices of Mark Deniz at (858) 751-4384 to get the ball rolling.

Second DUI

A Second DUI increases the penalties. Many people feel their second DUI case is going to be similar to 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 workdays required

Third DUI

If someone has two previous DUIs within 10 years and is arrested on their third DUI, the prosecution will believe there are 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 of probation
  • Minimum of 120 days to a maximum of the one-year county jail
  • 30-month DUI education program
  • Three-year license revocation, which after 18 months, maybe converted to a restricted license
  • Increased fines

Felony DUI

A DUI can become a felony in two instances:

  1. If the San Diego DUI is the Fourth DUI within 10 years. All California DUI conviction within 10 years of the felony DUI will be considered felony DUI.
  2. The present DUI involves an injury to another party.

These convictions can result in a prison term. These charges are very serious and can result in losing your driving privilege for several years. Beating a felony DUI charge requires an aggressive and skilled lawyer who knows how to beat the charge and employs effective strategies to resolve your case favorably. Contact The Law Offices of Mark Deniz APLC now for a free case evaluation at 858-429-9982.