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Call for a FREE Adult DUI Offense Consultation
in Orange County
Daniel C. Grupenhagen Attorney at Law
2082 S.E. Bristol Street Suite 217
Newport Beach, CA 92660
949-252-9006
949-252-9008 fax |
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I Serve the following cities in Orange County,
California
Anaheim, Aliso Viejo, Balboa, Brea, Buena Park, Corona Del Mar,
Costa Mesa, Coto De Caza, Cypress, Cerritos, Dana Point, Foothill,
Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine,
La Habra, La Palma, Los Alamitos, Laguna Beach, Laguna Hills, Laguna
Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo,
Midway City, Newport Beach, Orange, Placentia, Rancho Santa Margarita,
San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton,
Sunset Beach, Tustin, Trabuco Canyon, Villa Park, Westminster,
Yorba Linda |
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Third DUI Offense in
Orange County
California Vehicle Code §23546
Conviction of Third Violation of §23152; Punishment:
a. If any person is convicted of a violation of Section 23152 and the offense
occurred within seven years of two separate violations of Section 23103, as
specified in Section 23103.5, 23152, or 23153, or any combination thereof,
which 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.
b. Any person convicted of a violation of Section 23152 punishable under this
section shall be designated as a habitual traffic offender for a period of
three years, subsequent to the conviction. The person shall be advised of this
designation pursuant to subdivision (b) of Section 13350.
California Vehicle Code §23548
Conditions of Probation for Third Time Offense
a. If the court grants probation to any person punished under Section 23546,
in addition to the provisions of Section 23600 and any other terms and conditions
imposed by the court, the court shall impose as conditions of probation that
the person be confined in the county jail for at least 120 days but not more
than one year and pay a fine of at least three hundred ninety dollars ($390)
but not 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
pursuant to paragraph (5) of subdivision (a) of Section 13352. The court shall
require the person to surrender the driver's license to the court in accordance
with Section 13550.
b. In addition to subdivision (a), if the court grants probation to any person
punished under Section 23546, the court may order as a condition of probation
that the person participate, for at least 30 months subsequent to the underlying
conviction and in a manner satisfactory to the court, in a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety Code. In
lieu of the minimum term of imprisonment specified in subdivision (a), the
court shall impose as a condition of probation under this subdivision that
the person be confined in the county jail for at least 30 days but not more
than one year. The court shall not order the treatment prescribed by this subdivision
unless the person makes a specific request and shows good cause for the order,
whether or not the person has previously completed a treatment program pursuant
to paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of subdivision
(b) of Section 23562. A person ordered to treatment pursuant to this subdivision
shall apply to the court or to a board of review, as designated by the court,
at the conclusion of the program to obtain the court's order of satisfaction.
Only upon the granting of that order of satisfaction by the court may the program
issue its certificate of successful completion and report the completion to
the Department of Motor Vehicles. A failure to obtain an order of satisfaction
at the conclusion of the driving-under-the-influence program is a violation
of probation. In order to enable all required persons to participate, each
person shall pay the program costs commensurate with the person's ability to
pay as determined pursuant to Section 11837.4 of the Health and Safety Code.
No condition of probation required pursuant to this subdivision is a basis
for reducing any other probation requirement in this section or Section 23600
or for avoiding the mandatory license revocation provisions of paragraph (5)
of subdivision (a) of Section 13352.
c. In addition to the provisions of Section 23600 and subdivision (a), if the
court grants probation to any person punished under Section 23546 who has not
previously completed a treatment program pursuant to paragraph (4) of subdivision
(b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562,
and unless the person is ordered to participate in and complete a driving-under-the-influence
program under subdivision (b), the court shall impose as a condition of probation
that the person, subsequent to the date of the current violation, enroll and
participate, for at least 18 months and in a manner satisfactory to the court,
in a driving-under-the-influence program licensed pursuant to Section 11836
of the Health and Safety Code, as designated by the court. The person shall
complete the entire program subsequent to, and shall not be given any credit
for program activities completed prior to, the date of the current violation.
Any person who has previously completed a 12-month or 18-month program licensed
pursuant to Section 11836 of the Health and Safety Code shall not be eligible
for referral pursuant to this subdivision unless a 30-month licensed driving-under-the-influence
program is not available for referral in the county of the person's residence
or employment. The program shall provide for persons who cannot afford the
program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4
of the Health and Safety Code in order to enable those persons to participate.
No condition of probation required pursuant to this subdivision is a basis
for reducing any other probation requirement in this section or Section 23600
or for avoiding the mandatory license revocation provisions of paragraph (5)
of subdivision (a) of Section 13352.
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