5 Defenses Against a Third Offense DUI Charge

Common defenses against a third offense DUI charge typically involve questioning the evidence of intoxication or the legality of the vehicle stop and arrest. Other defense strategies may involve arguing that you weren’t driving or casting doubt on chemical tests. 

A third DUI conviction in ten years can result in serious penalties, so it’s important to hire a Los Angeles third DUI offense lawyer if you have been arrested for drunk driving. 

Third Offense DUI Penalties in California

If you have two previous DUI convictions within the past ten years, being arrested for a DUI will be treated as a third-time offense. For a third offense, you will be considered a repeat offender and can face the maximum penalty under CA Vehicle Code 23546:

• 120 days to one year in prison
• Three to five years of probation
• Maximum $1,000 civil fine
• 30-month mandatory alcohol program
• Three-year license revocation]
• Two years ignition interlock device (IID)

In addition to criminal and administrative penalties, three-time DUI offenders will have to pay substantially higher insurance rates and may be ineligible for employment where driving is a job requirement. 

Third-time DUI offenses are typically charged as a misdemeanor. However, a third offense DUI can be charged as a felony offense if any of the following are true:

• You cause an accident resulting in injury or death
• Your BAC was over 0.15%
• You were speeding 20 mph over the posted speed limit
• A minor under the age of 14 was in the vehicle
• You have a suspended license from a previous DUI conviction

Common Defenses Against a Third DUI Offense Charge

A third-time DUI can put your freedoms and financial security in jeopardy, so the charges merit a serious response. Below are some common defenses against a third offense DUI charge:

1. Illegal Police Stop and Arrest

One of the most common defenses against a third-dui charge is arguing against the legality of the stop and arrest. The police must have reasonable suspicion to pull someone over for drunk driving and cannot do it just to check for sobriety. 

If the police pulled you over illegally or violated your rights in some other way, your lawyer could petition to have any evidence gathered suppressed. This includes potentially incriminating evidence like breathalyzer test results. 

2. Insufficient Evidence of Intoxication

Your attorney could also argue that there was no evidence to arrest you for being intoxicated. Field sobriety tests aren’t necessarily accurate, and results can be skewed due to biases of the on-duty police officer. 

What constitutes “bad driving” is subjective and not necessarily a sign that you were drunk. Other signs of intoxication, like bloodshot eyes or an alcohol smell, could be explained by certain medications or medical conditions. 

3. Chemical Testing Is Inaccurate

If an officer suspects you of drunk driving, they may give a breathalyzer test on the side of the road. Although generally accurate, breathalyzers are not foolproof. They can give false readings if the mouthpiece is damaged or not calibrated correctly. 

Breathalyzer tests can also give false positives if they aren’t administered correctly. Casting doubt on the validity of chemical tests can significantly weaken the prosecution’s case against you.

4. You Were Not Driving the Vehicle

California’s definition of DUI requires the prosecution to prove you were in actual, physical control of the vehicle. Unlike many other states, it’s not sufficient to prove you were in a position where you could exert control—you must have intentionally caused the vehicle to move.  

For example, if the engine of the car was off or you weren’t sitting in the driver’s seat, your lawyer could argue that you weren’t actually driving. This may be a viable defense strategy if the police found you while you were in a car, but didn’t witness you actually driving it. 

5. Plea Down to Wet Reckless Charge

Another potential option is to plead a DUI charge down to a wet reckless. CA Vehicle Code 23103.5 allows offenders to plead down a DUI charge to a reckless driving charge involving alcohol. This plea deal is often called a “wet reckless” to indicate the presence of alcohol. 

A wet reckless is a lesser charge than a DUI and carries less severe criminal penalties, including less jail time and shorter probation. However, a wet reckless conviction will count as a prior DUI offense if you are arrested for drunk driving again. 

Contact a Third DUI Offense Lawyer Today

A third offense DUI is an extremely serious criminal charge and should not be taken lightly. If you are facing a third drunk driving conviction, you need to discuss DUI strategies with a knowledgeable professional as soon as possible. 

Do you have more questions about defenses against a third offense DUI charge? If so,  contact Los Angeles DUI Lawyer, and we can put you in touch with an experienced DUI lawyer serving your area.