Thursday, March 7, 2013

Third-Offense DUI In Orange County


When someone is convicted of a DUI in Orange County, the penalties imposed by the court and the DMV can range from a hard slap-on-the-wrist to serious time in the Orange County jail. DUI Attorneys in Orange County know that the severity of the punishment is based on many factors including the blood-alcohol level result from the breath test or blood test, whether there was an accident, whether there was an injury, and whether the driver has any prior DUI convictions within the past ten years. (The fall-off period used to be seven years but was changed to ten years) If you have ANY prior DUI or wet reckless convictions within the past ten years then jail time is MANDATORY. A second-offense DUI must be punished by at least 4 days of jail time, a third offense requires 120 days in jail, and a 4th offense must be punished by at least six months in jail. (Usually, a 4th offense DUI in Orange County gets at least 16 months in prison.
When facing the serious penalties of a DUI conviction with a prior, it is always best to consult with a DUI lawyer. A skilled Orange County DUI Attorney  can help to get the best possible outcome in your case. The following is an actual case result achieved by the Law Offices of EJ Stopyro in People v. Masuro N. in the West Justice Center:
With two prior DUI's under his belt, Masuro was clocked speeding—going 70 in a 45 zone. He was too intoxicated to complete the field sobriety tests and two breath tests resulted in a reading of 0.18%. He was facing a year in the county jail plus an additional mandatory 60-day jail enhancement for the excessive speed.
Mr. Stopyro presented his argument to the judge that the lack of any other criminal record other than the two DUI’s showed that Masuro really had a drinking problem and wasn’t a criminal. Moreover, due to Masuro’s age (in his 70’s), it would be more beneficial to society to allow his client to serve 240 days of home confinement where his client could only leave his home to go to AA meetings, work, school, and an alcohol program. Although the DA opposed Mr. Stopyro’s request for home confinement, the judge granted it. (Department W-3 of the West Justice Center)
If you have been arrested for DUI in Orange County call the Law Offices of EJ Stopyro at (949) 559-5500 to consult with an Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.
Law Offices of EJ Stopyro

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