Being convicted of a third DUI offense can have a significant impact on your life, including mandatory jail time, a lengthy license suspension, and other long term consequences. If you are facing a third DUI conviction within a ten-year period under California Vehicle Code 23546, you’d greatly benefit from a free consultation with a Los Angeles DUI lawyer.
Understanding this California vehicle code and having a quality attorney represent you can make a substantial difference in the outcome of your case. Learn the basics of this state regulation, along with potential legal defenses available to you from skilled DUI lawyers with almost two decades of experience.
What You Need to Know About CA Vehicle Code 23546
California has vehicle codes that are implemented to protect the public and provide legal framework in legal matters surrounding motor vehicle accidents. California Vehicle Code 23546 pertains to the penalties for a third DUI conviction within a ten-year period in the state of California. Here are some key points about this law:
- Enhanced Penalties: CA Vehicle Code 23546 imposes enhanced penalties for a third DUI conviction. These penalties are more severe compared to those for a first or second DUI offense.
- Mandatory Jail Time: A third DUI conviction within ten years requires a mandatory minimum jail sentence. The convicted person must serve a minimum of 120 days in county jail. However, the court may allow the person to serve a portion of the sentence in a residential alcohol treatment program.
- License Suspension: The California Department of Motor Vehicles (DMV) will suspend the person’s driver’s license for a period of three years. This suspension is in addition to any other license suspension imposed by the court.
- Ignition Interlock Device (IID): After the license suspension period, the person is required to install an IID in their vehicle. The IID is a breathalyzer device that prevents the vehicle from starting if alcohol is detected on the driver’s breath.
- Probation: The court may impose a probation period of up to five years for a third DUI conviction. During probation, the person must comply with certain conditions, such as attending DUI education programs and avoiding further DUI offenses.
The penalties for a third DUI conviction can vary depending on the specific circumstances of your case and any prior DUI convictions. It is advisable to consult with a DUI attorneys in Los Angeles for accurate and up-to-date information regarding DUI laws in California.
What Are Specific State Penalties for Disobeying CA Vehicle Code 23546?
Potential penalties for a third DUI conviction within ten years under VC 23546 include:
- A minimum of 120 days to a maximum of one year in county jail
- Fines ranging from $1,800 to $18,000, plus penalty assessments that can significantly increase the total amount owed
- Three to five year revocation of driver’s license
- Installation of an Ignition Interlock Device (IID) in any vehicle you own or operate for two to four years
- Three to five years of probation
- Required completion of a 30-month licensed alcohol and drug education treatment program
- Possible vehicle impoundment or forfeiture
The specific penalties will depend on factors such as your blood alcohol content (BAC) level, whether anyone was injured, and if there were any aggravating circumstances. A third DUI conviction is considered a felony in most cases, so the consequences are much more severe than for a first or second DUI.
Legal Defenses to Use Against Violation Charges for Vehicle Code 23546 in California
When facing a third DUI charge, there are several possible defenses that can be explored. It’s important to consult with a qualified attorney to determine the best defense strategy based on the specific circumstances of your case. Here are some common defenses that may be used:
Challenging the Traffic Stop
If the police officer did not have a valid reason to stop your vehicle, it may be possible to challenge the legality of the traffic stop. If the stop was unlawful, any evidence obtained thereafter, such as field sobriety tests or breathalyzer results, may be suppressed.
Questioning the Field Sobriety Tests
Field sobriety tests are subjective and can be influenced by various factors, such as physical conditions or environmental conditions. Your attorney may challenge the accuracy and reliability of these tests, arguing that they do not provide conclusive evidence of impairment.
Contesting the Breathalyzer Results
Breathalyzer tests are commonly used to measure BAC. However, these tests can be subject to errors and inaccuracies. Your attorney may challenge the reliability of the breathalyzer results by examining factors such as calibration records, maintenance logs, or the qualifications of the testing officer.
Challenging Blood Test Results
In some cases, blood tests may be conducted to determine BAC levels. Your attorney may challenge the validity of the blood test results by questioning the chain of custody, the handling of the blood sample, or the qualifications of the testing laboratory.
Arguing Rising BAC
The “rising blood alcohol” defense asserts that your BAC was below the legal limit at the time of driving but increased to an illegal level by the time the chemical test was administered. This defense relies on the fact that alcohol takes time to be absorbed into the bloodstream.
Establishing Necessity or Duress
In rare cases, it may be possible to argue that you drove under the influence out of necessity or duress. For example, if you were forced to drive due to an emergency situation or to avoid harm, it may be a valid defense.
Challenging Prior Convictions
If the prior DUI convictions used to enhance the charges are invalid or can be successfully challenged, it may impact the penalties associated with a third DUI conviction.
The effectiveness of these defenses will depend on the specific facts and evidence in your case. Consulting with an experienced DUI defense attorney in Los Angeles is best to determine the most appropriate defense strategy for your situation.
Ways You Can Positively Help Your Third DUI Conviction Case
When facing penalties for a third DUI conviction within a ten-year period, there are several factors that can potentially help reduce the severity of the consequences. While the specific outcome will depend on the circumstances of your case, here are some things that may aid in reducing penalties:
- Legal Representation: Hiring an experienced DUI defense attorney is crucial. They can navigate the legal process, identify potential defenses, and negotiate on your behalf to seek reduced penalties or alternative sentencing options.
- Plea Bargaining: Your attorney may negotiate with the prosecution for a plea bargain, which could involve reducing the charges or penalties in exchange for a guilty plea. This can help minimize the impact of the conviction.
- Rehabilitation Programs: Completing a residential alcohol treatment program or other rehabilitation programs can demonstrate your commitment to addressing alcohol or substance abuse issues. This may be taken into consideration by the court when determining penalties.
- Character References: Providing character references from employers, family members, or community members who can attest to your positive attributes and contributions can help present a more favorable image to the court.
- Compliance with Probation: Strictly adhering to the terms of probation, such as attending required counseling or education programs, regularly meeting with a probation officer, and avoiding any further legal issues, can demonstrate your commitment to rehabilitation and may lead to more lenient penalties.
The Necessity to Consult With a Lawyer When Facing a Third DUI Conviction
Reach out to a Los Angeles DUI lawyer today to protect your rights and explore the best possible defense strategy if you are being charged with your third DUI conviction within ten years under CA Vehicle Code 23546.
Take the first step towards a favorable outcome by scheduling a free consultation with a DUI defense attorney today.