If you’re facing charges for a third DUI, the stakes are high. Knowing what mistakes to avoid can make the difference between a harsh sentence and a favorable outcome.
So, what are the seven mistakes to avoid after a third DUI charge? You should not refuse a chemical test, talk too much to the police, try to handle your case on your own, drive on a suspended license, miss court, underestimate the seriousness of your case, or wait to contact a lawyer.
California imposes stiff penalties for DUIs, especially for those with prior convictions. If you’ve been charged with a third DUI, a Los Angeles third-offense DUI lawyer can fight for your rights.
7 Mistakes to Avoid After a Third DUI Charge
If you’ve been charged with a third DUI, avoid making these mistakes:
- Refusing to take a chemical test: While you can technically refuse a field sobriety test, rejecting the mandatory chemical test after arrest can lead to an automatic license suspension and harsher penalties in court.
- Talking too much to the police: Anything you say after your arrest can and will be used against you. Exercise your right to remain silent until you speak with your lawyer.
- Not hiring an experienced DUI attorney: One of the biggest mistakes is thinking you can handle the case on your own. A skilled DUI lawyer can challenge evidence, negotiate with prosecutors, and fight for a lighter sentence.
- Driving on a suspended license: Getting caught driving after your license has been suspended due to a DUI can add new charges and penalties. It can also ruin any chance of leniency in your current case.
- Missing court dates or deadlines: Failing to show up in court or missing required deadlines can lead to bench warrants, additional penalties, and lower odds of leniency from the judge.
- Not taking the charges seriously: A third DUI is not just another traffic ticket—it’s a criminal charge with mandatory jail time, high fines, and long-term consequences. Treating it lightly can cost you your freedom, your license, and your future.
- Waiting too long to take action: It’s important to act quickly after a third DUI arrest. Every day you wait to contact a lawyer, evidence becomes harder to challenge, witnesses become harder to reach, and deadlines draw closer.
What Happens After a Third DUI in California?
While the exact sentence you receive will depend on the specifics of your case and your prior record, the typical penalties for a third DUI in California include:
- Jail time: You will be sentenced to at least 120 days in county jail, with a maximum sentence of 1 year.
- Fines and fees: You can expect to pay about $2,500 to $3,000 in fines and court assessments.
- License suspension: You will face a 3-year license suspension through the DMV and will not be able to legally drive until you meet the state’s reinstatement requirements.
- DUI school: You will be ordered to complete a 30-month multiple-offender program to restore your driving privileges.
- Probation: You will be put on informal probation for 3 to 5 years.
- Ignition interlock device (IID): You will be required to install an IID in your vehicle for 2 years.
Judges may increase your sentence if there were aggravating factors, such as a high blood alcohol level, a minor in your vehicle, or an accident that caused injuries.
Will I Go to Jail for a Third DUI in California?
Yes, jail time is almost certain after a third DUI conviction in California. State law requires at least 120 days in jail, but depending on the specifics of your case, that sentence can be extended to 12 months.
However, an experienced DUI attorney may be able to negotiate alternatives such as:
- Residential alcohol treatment programs
- Work release or community service
- Electronic home monitoring
Without strong legal representation, you’re far more likely to serve the maximum jail sentence.
Is a Third DUI a Felony in California?
A third DUI is usually charged as a misdemeanor in California, but it can be a felony under certain circumstances, including if you:
- Caused an accident resulting in injury
- Caused an accident resulting in death
- Have a prior felony DUI conviction
If your DUI is charged as a felony, the penalties will be upgraded significantly.
Can You Get Your License Back After Three DUIs in California?
Yes, you can get your license back after three DUIs in California. However, the process is not easy. After a three-year license suspension, you may qualify for reinstatement if you:
- Complete a 30-month DUI program
- Install an ignition interlock device for 2 years
- Maintain proof of SR-22 insurance
- Pay all DMV fees and fines
How Can I Fight a Third DUI Charge?
Even if your case seems hopeless, there are ways to fight a third DUI. Common defense strategies include:
- Challenging the accuracy of breath or blood test results
- Questioning whether the traffic stop was legal
- Highlighting errors in police reports or testimony
- Demonstrating that your rights were violated during your arrest
Ultimately, the strength of your defense will depend on your lawyer’s ability to find weaknesses in the prosecution’s case, which is why it’s important to hire an experienced attorney.
How Can a DUI Attorney Help?
A DUI attorney does far more than show up in court for you. Specifically, they can:
- Investigate whether the stop, arrest, and testing were conducted legally
- File motions to suppress evidence that was improperly obtained
- Negotiate with prosecutors to reduce charges or penalties
- Represent you at your DMV hearing to help protect your license
- Guide you through the legal process and prevent you from making costly mistakes
Without a lawyer, you’ll walk into court with the odds stacked against you.
Contact a Third-Offense DUI Lawyer
A third DUI can be life-changing, but you don’t have to face it alone. Los Angeles DUI Lawyer can connect you with a DUI attorney who can help you avoid the mistakes listed above and achieve the best possible outcome.
Call today to find out how you can protect your future.
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