What to Do and What to Expect When You Get Third Time DUI
A third DUI in California is a misdemeanor offense, punishable by a maximum of one year in jail, three to five years of probation, and a fine of up to $3,000. A probation sentence comes with particular requirements, like completing a DUI school for 30 months and a possible driver’s license suspension for three years. These hefty penalties can change your life considerably, especially if you do not qualify for a restricted license.
However, a competent DUI lawyer can help you determine what to do and what to expect upon conviction. They will also help you through all complex legal processes, fight for your rights, and use the proper defense techniques for a favorable outcome in your case.
What is a Third DUI in California
Driving under the influence of alcohol or drugs is a grave offense in California. Since DUI is a priorable offense, the penalties you receive for a DUI depend on the number of prior DUI convictions in your record within ten years. The first DUI occurs when you do not have prior DUI convictions, and a second DUI happens when you have one prior DUI conviction in your record. A third DUI happens when you have two prior DUI convictions within ten years.
As a priorable offense, a DUI remains on your criminal record for ten years after a conviction. Whenever you are charged with a DUI, you face a harsher penalty than the previous one. Also, some charges in California count as DUI convictions and are also priorable. For example, if you accept a plea bargain for a DUI offense and you plead guilty to a wet reckless charge, this counts as a DUI conviction. Therefore, it will affect any subsequent DUI conviction within ten years.
Generally, the first three DUIs are misdemeanors. However, since the third DUI is more severe than the first or second, the penalties you will receive upon conviction will likely be heavier. A felony charge for a third DUI is only possible if you cause an injury or death while driving while intoxicated.
The Elements of a Third DUI
The district attorney will file third DUI charges against you if you have two prior DUI convictions in your record. However, they must prove all the elements of this crime beyond a reasonable doubt for the court to find you guilty. The elements of this offense are as follows:
- You were operating a motor vehicle when the police arrested you, meaning you were behind the wheel and causing the car to move. The prosecutor can prove this fact using circumstantial evidence, your statement, or eyewitness statements.
- You were operating a vehicle under the influence. The prosecutor can prove this by demonstrating to the court that you were physically or mentally impaired by alcohol or drugs to an extent that you could not drive safely like a sober person would. The type of evidence to prove this fact would be your blood-alcohol concentration level as obtained through a chemical test, the arresting officer’s observation, and your driving patterns
- You have two prior DUI convictions in your record. The DA will establish this fact by running a background check on you. If the two prior DUI convictions occurred within ten years of the current DUI, they will file third DUI charges against you.
Possible Penalties for a Third DUI
The district attorney will file 3rd DUI charges against you after determining the number of prior DUI convictions in your record within ten years. Here are the possible penalties for this offense according to VC 23152:
Jail Time
A 3rd DUI is punishable by a jail sentence of 120 days to one year. The judge determines the appropriate sentence for you based on the details of your case. They can also choose to sentence you to probation instead of jail time.
Misdemeanor Probation
This is usually a possible alternative to jail time for a third DUI conviction. A probation sentence means serving your sentence outside of jail. However, the judge will give you strict probation conditions that you must abide by throughout your probation. For example, you must avoid legal trouble and meet periodically with the judge to submit your performance reports. You should also not drive with any measurable amount of alcohol or drugs in your system. You could be expected to submit to random drug or alcohol tests during the probation period.
Misdemeanor probation lasts between three and five years. If you violate probation, the judge can cancel probation and sentence you to jail for the maximum period required for the offense under the law.
Court Fines
A court fine is a possible penalty after a conviction for a third DUI. The judge determines the appropriate penalty, depending on the circumstances of your case. Typically, fines and penalty assessment costs for this offense range from $2,500 to $3,000.
Court-Approved DUI Program
If sentenced to probation, the judge can order you to complete a court-approved DUI program for up to thirty months. DUI programs educate drivers on the dangers of driving while intoxicated to reduce the number of repeat DUIs by the person who completes the program. They also provide opportunities for DUI offenders to address issues related to their use or abuse of alcohol and drugs.
Driver’s License Suspension
A conviction for a third DUI will likely result in the suspension of your driver’s license for three years. You cannot drive anywhere or any vehicle while the DMV has suspended your license. However, you can obtain a restricted license after 18 months to drive to specific locations if you install an IID system in your vehicles. This is possible after 18 months of suspension only if you have a valid reason for applying for a restricted license.
The Installation of an IID System
This is a system you install in all the vehicles you drive to avoid operating a vehicle while intoxicated, while on probation, or after a DUI conviction. The system requests your breath samples whenever you start a car and will prevent your vehicle from starting if you are intoxicated. The data it collects from these random tests is related to a monitoring agency in real time. The DMV, probation officer, and the court can download this information to ensure compliance with IID requirements.
Installing an IID system is one of the conditions that you must agree to when applying for a restricted driver’s license after a third DUI. A restricted license allows you to drive to essential places, like work and school, and back home. An IID system will not let you drive while intoxicated.
Additionally, the judge can require the following of you, depending on the circumstances of your case:
- To attend alcohol or drug support and counseling groups like Narcotics Anonymous or Alcoholics Anonymous
- To pay restitution to any victim of your crime
- To take part in such programs as Mothers Against Drunk Driving by paying a particular contribution or supporting in any other way
Remember that the exact penalties you receive for a conviction for a third DUI depend on the circumstances of your case. Here are the circumstances under which the judge can give a harsher penalty:
- If you fail to submit to chemical testing after a DUI arrest
- If your blood-alcohol concentration level was .15% or more
- If you caused an accident while driving while intoxicated and caused property damage, an injury, or death
- If you had a passenger who was a minor aged 14 or younger in the vehicle when the police arrested you for DUI. This will result in additional penalties for endangering the minor.
- If you were an underage driver when the police charged you with a third DUI
- If you committed a traffic infraction, like speeding or reckless driving while intoxicated.
How To Fight a Third DUI Charge
A conviction for a third DUI can result in jail time, probation, or a hefty court fine, which are all life-altering penalties. However, you can avoid these penalties and other negative consequences of a conviction by fighting your charges in court. A competent DUI lawyer can help you plan a solid defense against your charges by utilizing some of the best defense strategies. They can cause the court to reduce or dismiss your charges. Examples of these strategies are:
The Police Lacked a Probable Cause for Your Arrest
The police have strict guidelines by which they must conduct DUI arrests to ensure they do not violate the rights of motorists and other road users. For example, they need probable cause to investigate you for a DUI. If an officer stops you at random, investigates you for a DUI, and later arrests you, you can use this strategy to fight your arrest and the evidence gathered thereafter. Examples of probable cause for a DUI investigation include speeding, erratic driving, or an accident. An officer can also stop you at a legal DUI checkpoint.
If the police did not have probable cause to investigate you for a DUI, you can use this defense strategy to convince the court to dismiss your charges.
The Standardized Field Sobriety Test Results are Incorrect
When an officer stops to investigate you for a DUI, they can conduct some tests before a DUI arrest to determine whether you were driving while intoxicated. The National Highway Transportation Safety Administration usually provides the protocols for administering field sobriety tests. The police mainly use these tests to determine your coordination and level of impairment. However, a poor performance during these tests does not always prove that you are impaired by drugs or alcohol.
If you failed a field sobriety test and the officer arrested you for a DUI, yet you were not under the influence of drugs or alcohol, you can prove the inaccuracy of the test in court to fight your arrest. You could have failed the test because you were not appropriately dressed for the test or because the ground you were walking on was uneven.
Your BAC Results Were Inaccurate
You can also fight your charges if a breathalyzer registered a higher BAC when you had only a little or no alcohol to drink. Breathalyzers use breath samples to determine the amount of alcohol in your system. A standard amount of alcohol allowed by law for drivers is anything below 0.08%, as this does not impair their ability to drive safely.
If you were not intoxicated or only had a little alcohol, and your BAC results register a higher BAC, you can use this defense strategy to compel the court to dismiss your charges. A breathalyzer can give inaccurate results if it is poorly maintained or calibrated. It could also be faulty. A skilled lawyer will investigate the cause of the incorrect results to present a solid defense in court.
You Were Not Intoxicated
Generally, the police stop to investigate a motorist for drunk driving because of the way they behave on the road. If you are speeding or driving erratically, an officer can quickly suspect you of DUI. If you have a medical condition or a medical episode that caused your behavior, the officer can arrest and charge you with DUI if you continue to exhibit signs of intoxication. Fortunately, you can fight these charges by demonstrating in court that you were not driving while drunk or drugged but were unwell.
Driving while unwell is highly discouraged, especially if your condition affects your judgment or ability to drive safely. However, if you experience an episode while already on the road, an officer can mistake it for DUI. A skilled lawyer will provide solid evidence to fight your charges, including a negative BAC or drug test result as proof that you had not taken any alcohol or drugs.
The BAC Results Were a False Positive
Law enforcement officers in California mostly rely on breathalyzers to test motorists’ blood-alcohol-concentration levels during DUI investigations. Breathalyzers are readily available, easy to use, and often provide accurate results. However, you can register a positive result for alcohol in your system when you have not consumed any alcoholic beverages. This mainly happens if you have eaten certain foods, used some products, or have a medical condition like acid reflux. Some products, like mouthwashes that contain alcohol, can give you a false positive result in a breathalyzer, especially if you use them before taking the test.
If your BAC results were positive and you were not drinking, it could be one or more of these causes. Talk to your attorney to determine the cause of the false positive, and then present your evidence in court to fight the test results.
Your High BAC Was Due to Rising Blood Alcohol
When you consume an alcoholic beverage, it takes a few minutes for the alcohol to enter your system, where it remains for a few more minutes before it decreases completely. This happens regardless of the amount of alcohol you take. Whether or not the alcohol in your system impairs your driving and judgment depends on how much of the drink you consume. Some people register a high blood alcohol concentration even after consuming one drink if they take a test a few minutes after the consumption.
You can use this defense if you only had a small drink and the breathalyzer registered a high BAC. A skilled lawyer will convince the court that the high BAC was because of your rising blood alcohol and not because you had too much to drink.
Your Test Samples Became Contaminated
Although the police mostly use breathalyzers to test motorists’ BAC after a DUI arrest, they can run a blood test in certain circumstances. For example, if you are too intoxicated to give a breath sample, are unconscious, or the police suspect that you are also high on drugs, they can order a blood sample.
However, blood samples must be handled carefully to protect the credibility of the results. A blood sample can give a false positive if mishandled or otherwise contaminated.
Your attorney can use this defense strategy to cause the court to dismiss your test results if they are sure and can prove that the police did not handle your blood samples correctly. If the prosecutor’s primary evidence was your blood test results, they will not prove the case beyond a reasonable doubt if the court dismisses the results.
Find an Experienced DUI Attorney Near Me
Are you or your loved one in Bakersfield facing third-time DUI charges?
This means you have two prior DUI convictions in your record within ten years. Your penalties upon conviction will likely be graver than what you received for the first or second DUI. You could be sentenced to a longer jail sentence or misdemeanor probation, charged a heavier fine, or have your driver’s license suspended for three years.
At the Koenig Law Office, we understand how life-changing these penalties are. However, we can use the best criminal defense techniques to fight for a favorable outcome in your case. We can also help you navigate the complex legal processes and defend your rights. Contact us at 661-793-7222 to learn more about your charges, our services, and what to expect during and after a trial.