I got my third D.U.I. last week. my first two were about 6 years ago. I have a class b commercial license now.

Asked over 2 years ago - Fresno, CA

I had a regular class c when I got my first two, since then I obtained a class b and got a third D.U.I. last week. will I have only the one recent D.U.I. charged against my class b ? I was off duty and in my personal car on all three.

Attorney answers (4)

  1. Mark A. Broughton

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . I agree that you need to request a DMV heairng within 10 days of your arrest, and that you should hire a qualified criminal defense attorney. This is a complicated issue and you may be subject you to a lifetime revocation of your commercial privilege depending on the dates of conviction of your priors and some other factors. A qualified attorney may be able to help save your commercial license. That aside, you are looking at a significant impact on your non-commercial driving privilege, to say nothing of the court proceedings and penalties related to a third DUI within 10 years, which includes mandatory jail time. So yes, you should get a good attorney to help you in this situation. The old adage is true here that you get what you pay for....

  2. James E Dunn

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . You must find an expert DUI attorney to handle your case. And you must request your DMV hearing within 10 calendar days of the arrest. If it was last week, you're running out of time. If you don't request the hearing within 10 days, you will lose your commercial license for at least a full year. New laws allow you to get your class C license back after 6 months if you install an IID, but the commercial license will be gone unless you request that hearing and win it. That's why you need an expert. I recommend going to the California DUI Lawyers Association website and find CDLA members in your area. The website is: http://www.california-dui-lawyers.org/ Good luck.

  3. Mark K Rosenfeld

    Contributor Level 15

    3

    Lawyers agree

    Answered . Need to hire a dui defense attorney today. Get ready to fight through jury trial.

    Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area... more
  4. Rodney Richard Rusca

    Contributor Level 5

    1

    Lawyer agrees

    1

    Answered . First off, you need to examine whether or not to fight the DUI. If you and your attorney decide to deal the punishment is more severe than with a second DUI. As long as your prior DUI's are within 10 years I do not think it will matter what class your license is in a criminal court. The minimum punishment under the code for a third time DUI is 120 days in jail. Some judges will give you the option of an in patient program in the alternative. Request your DMV hearing, the judicial officer will explain how to go about getting a license and your options with an A, B, or C license. I've seen California Drivers Licenses routinely suspended for two years on a third offense (the criminal court judge may make you finish the 18 mo class or require even more). Call me if you need a free consultation.

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