Have you been arrested for driving under the influence (DUI) for the third time? Cases involving a third DUI in 10 years are treated very seriously under California state laws, and while the consequences might make you feel like your life is over, don’t give up.
There’s still hope, and a Costa Mesa DUI lawyer can help. When you reach out to Los Angeles DUI Lawyer, we can help you explore your options when it comes to retaining legal counsel and scheduling consultations with law firms in the area.
We have decades of experience connecting thousands of clients with attorneys who can help, and we want to do the same for you. The sooner you meet with a Costa Mesa third offense DUI lawyer, the sooner your attorney can start building a defense strategy on your behalf.
Definition of a Third Offense DUI in California
California Vehicle Code § 23550 defines repeat DUI offenses within a 10-year “look-back” period. A third offense DUI occurs when an individual is convicted of driving under the influence for the third time within ten years of two prior convictions.
This third conviction carries heavier penalties compared to first or second offenses. It can be charged as a misdemeanor or a felony, though it all depends on the circumstances. A third DUI offense is often the point at which the state escalates penalties to include:
- Potential state prison time
- Longer license suspensions
- Mandatory ignition interlock device installation
This reflects the legislature’s stance that repeat offenders pose a significantly greater risk to public safety.
Classification of Third Offense DUI: Misdemeanor or Felony
Third offense DUI charges in Costa Mesa can be filed as either a misdemeanor or a felony. The classification depends on the following factors:
- Whether the third offense occurred within ten years of the prior two convictions
- The nature of the prior offenses
- The presence of aggravating circumstances
- Whether the offender has a history of multiple DUI-related arrests
- If the offender has convictions beyond three offenses
Generally speaking, if the prior two DUIs were misdemeanors, the third offense will likely be charged as a misdemeanor as well.
However, if the prior convictions are more recent, if the offender caused injury or death, or if the person being charged has more than three prior convictions, felony charges are more likely. Your Costa Mesa third offense DUI lawyers can help you understand the full extent of your charges.
Penalties for Third Offense DUI in Costa Mesa
Penalties for a third DUI conviction in California are much harsher than for first and second offenses. The consequences reflect the increased danger that repeat impaired drivers impose on the road and for other drivers.
These are typical penalties for a misdemeanor third offense DUI:
- Jail time: Often a period of 120 days to one year in county jail; courts reserve the right to require longer sentences, especially if aggravating factors are present.
- Fines: Base fines range from $390 to $1,000, though penalties and assessments can increase your total costs to the point where they exceed $3,000.
- DUI program: Mandatory attendance at a DUI education or treatment program lasting 30 months might be required.
- Probation: Many people typically face three to five years of probation with conditions including abstinence from alcohol and full compliance with court orders.
- License suspension: The California Department of Motor Vehicles (DMV) suspends driving privileges for up to three years, though restricted licenses may be available after a certain time has passed.
- Ignition interlock device (IID): You could be facing mandatory installation for at least one year once your driving privileges are reinstated.
If your offense is charged and convicted as a felony, your penalties might be elevated to:
- State prison time ranging from 16 months to three years or more
- Longer probation or parole terms
- Heavier fines and restitution orders
- Extended license revocation
- Stricter monitoring and treatment requirements
Impact of Aggravating Factors on Third Offense DUI Penalties
Certain circumstances can increase penalties and the likelihood that your third offense DUI will be charged as a felony rather than a misdemeanor:
- Causing injury or death to another person
- Driving with a BAC significantly above 0.15%
- Refusing to submit to chemical testing
- Having prior felony DUI convictions
- Driving with a suspended or revoked license
These factors often result in enhanced jail or prison time, larger fines, longer license suspensions, and stricter probation conditions.
Connect With Costa Mesa Third Offense DUI Attorneys Today
A third DUI offense can represent a major turning point in your record. Charges of this nature can leave you facing serious penalties and long-lasting consequences, but you’re not alone in your circumstances. As scary as this may be, Costa Mesa third offense DUI lawyers can help.
If you or someone you know is fighting DUI charges for the third time, the stress and uncertainty that you’re feeling can be very difficult to manage, especially if you’re handling everything on your own. Instead of struggling by yourself, lean on Costa Mesa third offense DUI attorneys.
At Los Angeles DUI Lawyer, we can help you find legal counsel that you can trust. Reach out today for the guidance you need during such a difficult time.
The sooner you call us, the better positioned you will be as you move forward with your case.
Fact Checked
