Thursday, February 7, 2008

Third California DUI / Drunk Driving charge

California DUI / Drunk Driving DUI lawyer news

§ 23546. Third California DUI / Drunk Driving offense

(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her driver's license to the court in accordance with Section 13550.

The California DUI / Drunk Driving charge must be 3 offenses within 10 years, not 3 convictions within 10 years.

This is only for setting minimums and maximums, and they can still argue this is 3rd California DUI / Drunk Driving charge or 4th California DUI / Drunk Driving charge in lifetime so minimums for this "2nd" California DUI / Drunk Driving charge or "3rd" California DUI / Drunk Driving charge is not appropriate, respectively.

Contact a California DUI / Drunk Driving lawyer for help.