In many cases, you may be able to get off on a first or second-time DUI with relatively few consequences. However, a third-time DUI offense in California is a serious matter that can result in a markedly different outcome.
If you are currently facing a third-time DUI conviction, you need the help of an experienced DUI lawyer serving Alhambra. A third-time DUI may result in a lengthy prison sentence, in addition to civil and administrative penalties, like license suspension.
At Los Angeles DUI Lawyer, we have helped thousands of people connect with knowledgeable representation. Fill out our contact form today to get in touch with a third offense DUI lawyer serving Alhambra.
Why You Need an Experienced DUI Lawyer
Being arrested for a DUI is a serious matter, especially for a third-time offense. With a third-time offense, you will likely be considered a habitual offender. This can change how criminal proceedings work. The prosecution will be hard on you, and the judge will likely impose a harsher penalty.
A DUI lawyer can come to your defense and help mitigate the worst of the negative outcomes from a DUI. An attorney can defend you against the charges and work towards a charge reduction, case dismissal, or acquittal in trial.
DUI Definition in California
California Vehicle Code § 23152 establishes that it is illegal to operate a motor vehicle while under the influence of alcohol or with a blood alcohol content (BAC) level greater than or equal to 0.08%. California’s DUI laws also apply to illicit drugs, such as marijuana or cocaine. For commercial drivers, the legal BAC limit is instead 0.04%.
Under California DUI laws, “driving” is defined as having actual, physical control of a vehicle and intentionally causing it to move. The police do not have to catch you in the act; they only need to prove that you were driving while under the influence.
Look Back Period for DUI Convictions
The “lookback” period for DUIs in California is ten years. That means that a subsequent DUI counts as a repeat offense if it occurs within ten years of the previous conviction. In other words, a third-time DUI means that you have received three DUIs within the past ten years.
Penalties for Third DUI Offense
The penalties for a third offense DUI are much more severe than first- and second-time offenses. A third DUI offense carries a mandatory prison sentence between 120 days and one year and a maximum fine of $1,000.
In addition to prison and fines, offenders can have their license suspended for three years or for life. Also, offenders may be required to attend DUI school and purchase and install an ignition interlock device (IID) on their vehicle.
A third-time DUI has negative consequences beyond just the law. Individuals with DUIs on their records may be ineligible for certain types of employment, and insurance premiums may skyrocket to compensate for the increased risk.
Enhanced Penalties
Aggravating factors can increase the severity of third offense DUI penalties. For example, California Vehicle Code Section 23572 outlines enhanced penalties for a DUI conviction with a minor (under 18) passenger. Similarly, if you cause injury or death while driving drunk, you can be charged with a felony DUI.
Common Defenses for DUI Charges
The consequences of a third-time DUI offense can be drastic, so you must work with a third-offense DUI lawyer serving Alhambra to defend your freedoms to the greatest degree. Below are some DUI strategies an attorney can use to defend you against drunk driving charges:
- Not driving. California’s DUI laws require the prosecution to prove you were in actual physical control of the vehicle. If the engine was off or you didn’t drive the vehicle, it could be a defense against the charges.
- Inaccurate tests. Breathalyzer tests are generally accurate but not foolproof. An attorney could argue that the test was administered incorrectly and get any chemical test evidence thrown out of court.
- Illegal stop. The police must have a specific reason to pull you over and must follow procedure when doing so. If the police performed an illegal stop, it could result in a case dismissal.
Every case is different and requires a unique approach. A DUI defense lawyer can assess your circumstances and identify the strategy most likely to result in a favorable outcome.
Get Help From a Third Offense DUI Lawyer Serving Alhambra
A third-time DUI conviction can mean you’ll face the maximum penalty, which can have disastrous consequences on your life. You owe it to yourself to work with a knowledgeable attorney who can protect your rights and defend you against prosecutorial overreach.
Contact Los Angeles DUI Lawyer today to learn more about how an Alhambra third offense DUI lawyer can help. Your freedoms and liberties may hang in the balance, so don’t hesitate to reach out.
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