A third DUI offense in California is taken far more seriously than previous offenses. The penalties are much stricter and can include mandatory jail time, larger fines, and a longer license suspension of up to three years. Working with an experienced third offense DUI lawyer in Anaheim can reduce these penalties.
At Los Angeles DUI Lawyer, we connect you with skilled local attorneys who understand the complexities of DUI cases. With decades of combined experience, we know how to help people through difficult times. Our team will help you find a reliable Anaheim DUI lawyer who can provide strong representation.
Anaheim Third Offense Attorneys Offer Compassionate Support
Facing a third DUI charge can take a heavy emotional toll. The stress of dealing with severe legal penalties, the uncertainty of how it will impact your future, and the fear of losing your freedom or driving privileges can feel overwhelming.
An attorney will review the specific details of your case, explain how the CA Vehicle Code 23546 impacts you, and help you choose the best course of action. Your attorney will protect your rights throughout the legal proceedings.
What is Considered a Third Offense DUI in California?
If you already have two DUI convictions within the past 10 years, they will count as “prior” offenses, making your current charge a third DUI. However, only convictions count toward this total; DUI arrests that didn’t lead to a conviction won’t be considered prior offenses.
That said, other related offenses, like a wet reckless conviction, may also be treated as a prior DUI under California law. The 10-year period is measured from the date of your current arrest and includes any offenses within that timeframe.
Since the penalties for a third DUI conviction are more severe than those for prior offenses, act quickly. Hiring an experienced DUI lawyer can make a significant difference in your case. They will work to minimize the impact on your life.
Administrative Penalties for a Third DUI
If you don’t request a hearing with the California Department of Motor Vehicles (DMV) within 10 days of receiving your suspension notice, your driver’s license will be automatically suspended. This suspension can have serious consequences.
At a minimum, you’ll face a license suspension of one year, during which you cannot legally drive. After, you may be eligible to apply for a restricted license or limited driving privileges, allowing you to drive to specific places like work or school.
Additionally, you’ll be required to carry SR-22 insurance, which is designed for high-risk drivers. SR-22 insurance can be very costly, with higher premiums that significantly increase your overall expenses.
Understanding DMV Administrative Hearings
A DMV administrative hearing is a separate legal process from the criminal court proceedings for a DUI charge. It specifically addresses the status of your driver’s license and whether it will be suspended. These hearings are not automatic; you must request one within 10 days of receiving your suspension notice to challenge the DMV’s decision.
During the hearing, a DMV hearing officer reviews the evidence, such as the police report, your blood alcohol concentration (BAC) results, and the circumstances of your arrest. The hearing is less formal than a court trial but still requires preparation and a clear defense strategy.
Rights you have during the DMV administrative hearing include:
- You can request an in-person DMV hearing instead of one over the phone.
- A criminal defense lawyer can represent you during the entire hearing process.
- You can ask for the officer who arrested you to attend the hearing and answer questions.
When you request a hearing, the DMV cannot suspend your license until the hearing is completed. If you are successful in the hearing, your license may not be suspended at all.
Having an experienced DUI attorney represent you can improve your chances of keeping your license or obtaining restricted driving privileges. This hearing is an important opportunity to protect your driving rights.
Criminal Penalties for a Third DUI Offense
The penalties for a third DUI offense are much more severe than those for a first or second offense. Repeat DUI offenders face increasingly harsh consequences, including longer jail sentences, steeper fines, and extended license suspensions.
If you are dealing with a third DUI charge, seek legal advice to understand your options. Take steps to reduce the impact on your life. An experienced attorney can help you navigate this challenging situation and work toward the best possible outcome.
For a third offense DUI, possible criminal penalties include:
- Jail: A mandatory jail sentence ranging from 6 months to 1 year in county jail, with the possibility of facing state prison time in certain situations.
- Fines: You could face fines ranging from $390 to $1,000, with additional penalty assessments that can increase the total to as much as $18,000 in some cases.
- Driver license revocation: Your driver’s license may be revoked instead of suspended, making it more difficult to reinstate after the revocation period ends.
- Classification as a habitual traffic offender: This would label you as a high-risk driver and add extra penalties for driving on a suspended license. It lasts for three years.
- Attending DUI school: Mandatory attendance at a 30-month DUI education program.
- Installation of an ignition interlock device (IID) in your vehicle: This device requires you to pass a breath test before and periodically while driving. You are responsible for all associated costs.
- Court–ordered alcohol or drug treatment programs: These programs are designed to address underlying issues of substance abuse and reduce the likelihood of repeat offenses. The court typically assigns a specific program length and structure based on the severity of the offense and the defendant’s history.
The DUI conviction will remain on your record for 10 years. Any subsequent DUI arrest within this period will count as a fourth offense, which is automatically charged as a felony in California.
Sentence Enhancements
You are very likely to face additional penalties, known as sentence enhancements if certain factors make your DUI case more severe. These can result in harsher overall penalties. The severity of the penalties depends on the specific details of your case and the discretion of the court.
Factors that could lead to sentence enhancements include:
- Refusing to take a chemical test for BAC
- Causing an accident
- Injuring or killing someone in the incident
- Driving with a very high BAC (0.15% or higher)
- Having minors in the vehicle at the time of the offense
- Driving at excessive speeds or recklessly
- Fleeing from law enforcement or attempting to evade arrest
- Having prior DUI convictions within the past ten years
- Driving on a suspended or revoked license
- Causing significant property damage during the incident
How to Build a Strong Legal Defense for a Third DUI Offense
Your Anaheim third offense DUI lawyer will review the details of your case, analyze evidence, and identify weaknesses in the prosecution’s arguments. They will carefully listen to your version of the events and look for evidence to substantiate your claims.
Questioning the Traffic Stop
For an officer to pull you over, they must have reasonable suspicion that you are committing a violation, such as erratic driving, speeding, or another traffic infraction.
If your Anaheim third offense DUI attorney can prove that the officer did not have a valid reason for initiating the stop, any evidence gathered after the stop may be deemed inadmissible in court.
Challenging the Breathalyzer Results
Breathalyzers are not always accurate and can give false readings for several reasons. For example, if the device was not properly calibrated, it could produce incorrect results. Other factors, like medical conditions (e.g., acid reflux or diabetes) or certain medications, can also affect the accuracy of the test.
Contesting the Field Sobriety Tests
Field sobriety tests are subjective, and many factors can affect a person’s performance, such as physical disabilities, fatigue, stress, or even weather conditions. Additionally, these tests are not always reliable indicators of impairment, and the officer’s interpretation of the results can be challenged.
A skilled DUI attorney can argue that the tests were not administered correctly, that external conditions influenced your performance, or that the tests do not accurately reflect your level of impairment.
Questioning Blood Test Results
Questioning blood test results is an effective legal defense strategy in DUI cases, especially when there are issues with how the test was conducted or handled. Blood tests are generally more accurate than breath tests, but they are not foolproof.
There are several ways an Anaheim third offense DUI lawyer might challenge blood test results:
- Improper handling: If the blood sample was not stored or transported correctly, it could be contaminated, which might result in inaccurate readings.
- Chain of custody issues: If there is any break in the chain of custody, meaning the blood sample was not properly tracked from the moment it was taken to when it was tested, the evidence could be deemed unreliable.
- Testing errors: The laboratory may have made mistakes during testing, such as improper equipment calibration or human error.
- Medical conditions: Certain medical conditions, such as diabetes or acid reflux, can cause abnormal blood alcohol levels, leading to inaccurate results.
Establishing Necessity or Duress
Establishing necessity or duress as a legal defense strategy means arguing that you committed the offense because you were forced to do so in a dangerous or threatening situation.
In a DUI case, this can be a difficult defense. However, in certain situations, it may be effective in reducing or dismissing charges, especially if there’s evidence of immediate danger or coercion.
For example, if someone drives under the influence because they need to get to the hospital to save someone’s life, they might argue that the DUI was necessary to prevent a worse outcome.
On the other hand, if someone is threatened with harm unless they drive under the influence, they might argue they were under duress and had no choice but to comply.
Contesting Prior Convictions
In California, contesting a prior DUI conviction as a defense strategy for a third DUI offense is extremely difficult. Once a DUI conviction is final, it is generally considered binding, meaning it is treated as a prior offense in any subsequent DUI cases.
There are a few specific circumstances where you might be able to challenge the prior DUI conviction:
- Mistakes or errors in the original conviction: If there were procedural errors, you may be able to challenge the validity of the prior conviction. For example, if you did not understand the consequences of pleading guilty in the original case, you could argue that your prior conviction should not count.
- Expired statute of limitations: In certain situations, if the previous DUI conviction was entered too long ago, and the statute of limitations has expired, it could be contested. However, this is rare and often difficult to argue.
- Error in the record: If there is a mistake in the records of your prior DUI conviction, such as inaccurate documentation, it may be possible to challenge the prior conviction. Your lawyer would need to prove that the record is incorrect.
While challenging a prior DUI conviction is tough, it is not impossible. A skilled third offense DUI attorney in Anaheim can determine if there are valid grounds to contest the prior convictions.
A Third Offense DUI Attorney in Anaheim Will Protect Your Future
A third DUI offense in California comes with severe penalties. Working with an experienced DUI attorney in Anaheim can increase your chances of minimizing the consequences or possibly having the charges dropped.
Los Angeles DUI Lawyer can help you connect with a qualified criminal defense lawyer right after your arrest. Contact us today to share your experience and discuss your next steps.