An attorney at The Law Office of Ben Mironer can also discuss another option, which most prosecutors and Judges tend to allow. It’s known as the “30 and 30,” which basically means 30 days of county jail and a 30 month alcohol program. We have been successful in getting our clients this option, as an alternative to an extended jail sentence.
Another alternative sentence, which we’ve been able to obtain for clients, is a rehabilitation order from the judge. This time in rehab is later given custody credit, after the plea. Under California Penal Code §2900.5, time spent in custody includes any time spent in a rehabilitation facility, hospital, or similar residential institution, and shall be credited to their term of imprisonment. Our clients are often permitted to serve their time in a rehab facility, in lieu of any imprisonment in county jail. It is important to take steps right away to get checked into one of these facilities, and to get immediate legal advice from an attorney from The Law Office of Ben Mironer.
ALCOHOL PROGRAM: Someone who is convicted of a third offense DUI, must complete an 18 month alcohol program, known as the “SB38.” This program is the same program that had to be completed after the second offense. A skilled third DUI attorney from The Law Office of Ben Mironer can fight to reduce your DUI charges, and potential prevent you from having to take an 18 month alcohol program. If your attorney can reduce your third offense DUI charges to a “Wet Reckless” driving, or lower, then you will not be required to complete the SB38 alcohol program. Prosecutors make it substantially more difficult to get your third offense DUI charges reduced because they know how burdensome the 18 month alcohol program requirement is. Our office has had many successful results, where our clients charged with a third offense DUI, never had to complete the SB38 alcohol program.
DRIVER’S LICENSE SUSPENSION: The “mandatory action” by the DMV is the required suspension that automatically starts the day someone is convicted of a third offense DUI, in court. The mandatory action on a third offense DUI conviction is a three year drivers license suspension. There is an opportunity to get a restricted drivers license. After 180 days, a third offender may obtain a restricted driver’s license under California Vehicle Code §13352. The DMV must receive proof that an Ignition Interock Device (IID) was installed, along with proof of insurance, and proof of enrollment in the sb38. Once an IID is installed, and all of the DMV requirements are met, the licensee can drive anywhere at any time.
On the DMV side, someone who lost their DMV hearing faces:
ADMINISTRATIVE DRIVER’S LICENSE SUSPENSION: The “administrative action” by the DMV, is the suspension that the DMV hearing officer decides whether to impose, after an Administrative Per Se (APS) hearing is conducted. The license suspension associated with a third offense administrative action is a one year suspension, with no eligibility for a restricted license. However, if you’re convicted in court, you may still apply for a restricted drivers license after 6 months, under California Vehicle Code §13352. This restricted license allows someone to drive anywhere at any time. Only a knowledgeable attorney can inform you of all of your options.
REFUSAL: The consequences for a refusal in court, on a third offense, are worse than a regular third offense DUI. Aside from the sentencing enhancement, it is an enhancing factor that the prosecutor considers in making an offer. An attorney at The Law Office of Ben Mironer can truly help someone charged with a “Refusal,” because these cases tend to have less evidence for a prosecutor. In a third offense, a person facing mandatory jail if they plead guilty, may find it worthwhile to take their chances at trial. It is usually more difficult to prove levels of impairment, without chemical evidence. This is why it is crucial to have an attorney that the prosecutors know will not hesitate to take a good case to trial.
The suspension from the DMV is a one year driving suspension for the Refusal, and another year for the third offense DUI. This means no driving at all for TWO years. Unlike a regular administrative suspension, a suspension for a refusal can’t be reversed in criminal court, even if found to be not guilty after trial. The only way to reverse a DMV suspension for a refusal, is to petition the California Superior Court with a petition for writ of mandate. Our office is proud to be one of the few offices in California to have the Superior Court grant our petitions for writ of mandate. Another key note is that these suspensions (Court and DMV) do not run concurrently, which means if you start serving one, you don’t accumulate credit for the other one. Each suspension basically starts a no driving suspension.
A seasoned third DUI attorney from the Law Office of Ben Mironer knows how critical it is in DUI cases to keep a close eye on the how the court case impacts the DMV side, and vice versa. This is one the reasons it’s imperative to hire an attorney that focuses on third DUI defense. An attorney from our office will help ease your mind by explaining all of the legal issues in your case. For more information, contact us here.