A single or second DUI offense can carry significant criminal penalties, but a third conviction is punished even more harshly. A third DUI charge will be much more difficult to manage, which is why you need a knowledgeable and trial-tested DUI lawyer serving Buena Park on your side.
A third DUI conviction can carry mandatory jail time and a loss of driving privileges for several years. At Los Angeles DUI Lawyer, we have been a legal resource for people facing charges like these for nearly two decades.
We have the experience and connections to put you in touch with a third offense DUI lawyer serving Buena Park to protect your rights and freedoms.
Third Offense DUI Definition in California
California Vehicle Code 23152 defines driving under the influence as driving a vehicle with a blood alcohol content (BAC) of 0.08% or higher. Driving in this context means being in actual, physical control of a vehicle and voluntarily causing it to move.
In California, the look-back period for DUIs is ten years. That means that a new DUI conviction counts as a third-time offense if you have two DUI convictions within the past ten years.
Note that you don’t necessarily have to have a BAC of 0.08% or higher to get a DUI in California. The 0.08% BAC threshold is just the per se limit, above which you are automatically guilty of a DUI. You can still get a DUI with a BAC limit under 0.08% if the police believe you are too intoxicated to drive.
What Are the Penalties for a Third-Offense DUI?
The penalties for a third DUI conviction within ten years are as follows:
- Jail sentence between 120 days and one year
- Fine of up to $1,000, plus any court assessment fees
- Three to five years of probation
- Suspended license for three years
- Installation of an ignition interlock device (IID) for two years
- Mandatory DUI school for 30 months
You can also lose your commercial driver’s license for a DUI conviction, even if you were driving in your personal vehicle when you were arrested. Lastly, those with DUI convictions may have difficulty securing specific types of employment and usually have to pay significantly higher insurance rates.
Why Third-Time DUI Offenses are Different
California criminal courts are often willing to be lenient on first-time or even second-time offenders. A third DUI offense, however, is different. For a third offense, you will be considered a habitual offender and face a much tougher time in court. The judge and jury will likely be harsher on you, and there is a greater chance of receiving the maximum penalty.
That’s why you need to hire a qualified Buena Park third offense DUI lawyer. A lawyer can explore options for alternative sentencing and alternative punishments to prison or license suspension. They can also push back against the prosecution’s evidence or negotiate a lesser charge in a plea agreement.
Possible Defenses to a Third-Time DUI Offense
A third offense DUI is a serious matter that warrants a serious response. Below are some possible strategies a criminal defense lawyer can utilize to defend you against a third-time DUI charge:
Weren’t in Control of the Vehicle
California’s DUI laws require the driver to be in actual, physical control of the vehicle and voluntarily cause it to move. As such, your lawyer can argue that you weren’t in control of your vehicle—e.g., the engine was off, the car hadn’t moved, you were sitting in the passenger seat, etc.
Breathalyzer Test Isn’t Accurate
BACs in DUI cases are not ironclad and can be the result of errors in breathalyzer tests. If the equipment is damaged or the police administer the test incorrectly, it could cause inaccurate results. If your lawyer can cast doubt on the results of a BAC test, it could significantly blunt the prosecution’s argument against you.
Police Pulled You Over Illegally
Police must have reasonable suspicion to pull someone over, and can’t do it just to check for sobriety. If the police pulled you over without a valid reason, your lawyer could suppress any evidence they gathered during the stop. This includes results from breathalyzer and field sobriety tests.
“Wet Reckless” Plea Bargain
In some cases, your lawyer may be able to reduce your DUI charge to a reckless driving charge. This charge is informally called a “wet reckless,” signifying that alcohol was involved but carrying a less severe punishment than a full-blow DUI. The prosecution might offer a reduced charge if the evidence for a DUI is relatively weak.
Get in Touch With a Third Offense DUI Lawyer Serving Buena Park
A third offense DUI can have drastic negative consequences for your life and can make it significantly harder to maintain a living. If you are currently facing conviction for a third DUI in ten years, make sure you find a competent criminal defense attorney to represent your side.
Contact Los Angeles DUI Lawyer today, and we can put you in touch with a third-offense DUI lawyer serving Buena Park. Your choice of lawyer can mean the difference between beating the charges and the maximum penalty, so choose wisely.
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