The third time you get charged with driving under the influence (DUI) is incredibly serious. You do not have to face the aftermath of your charge by yourself.
Connect with an Irvine third offense DUI lawyer. They can assist you during the legal process and help you prove to the court that you should not be punished.
Seek legal help immediately when in doubt about what to do after you are arrested for a DUI for a third time. Partner with a Los Angeles DUI lawyer who has years of experience. Your attorney advocates for you and protects your legal rights throughout your case proceedings. Speak to an Irvine DUI lawyer.
Why You Need Legal Representation After an Irvine Third Offense DUI Arrest
The legal process is complex. Make a mistake after you have been charged with driving under the influence for the third time, and you could face major penalties. Alternatively, hire an Irvine third offense DUI attorney, and you are well-equipped to fight back against your charge.
Your lawyer is your legal representative. In this role, they advocate for you and safeguard your legal rights and best interests. Your attorney considers many DUI strategies and how they could help you achieve your desired case outcome. Plus, they attend court hearings with you, argue against the prosecution’s case, and respond to your legal concerns promptly.
A Los Angeles DUI lawyer commits substantial time, energy, and resources to your case. They want you to avoid jail for a DUI and, as part of their efforts, look for ways to disprove the prosecution’s argument.
How to Contest an Irvine Third Offense DUI Charge
Meet with a third offense DUI lawyer serving Irvine right away following your arrest. Your attorney discusses California Penal Codes and how they apply to your case. They evaluate legal defenses that could resonate with the court, such as:
Challenging the Legality of Your Traffic Stop
There is a probable cause requirement that relates to driving under the influence charges. Police officers must have a reason to pull your car over and arrest you for a DUI.
Your attorney can raise doubts about whether it was legal for the police to stop you. These doubts could lead the court to provide you with a favorable ruling.
Arguing That Evidence the Police Collected Should Be Suppressed
The police arrest you for a DUI and question you in the moments after, and they do so without reading your Miranda warning. You have the right to remain silent during police questioning but are unaware of it.
In this scenario, your attorney can argue that the prosecution should not be allowed to use evidence that the police gathered when they questioned you.
Disputing the Accuracy of Tests
Before police officers arrest you, they perform tests to assess your blood alcohol level. The tests may have been performed incorrectly and show that your blood alcohol concentration (BAC) exceeds the legal limit of 0.08% for drivers 21 and older. Your attorney can prove that your test results are inaccurate and that the court should not consider them relevant to your case.
A third offense DUI attorney serving Irvine learns about your case and develops a legal strategy specifically for you. This strategy can make it tough for the prosecution to prove to the court that a conviction is warranted.
Third Offense DUI Penalties that You Need to Know About
The penalties associated with a third-time DUI are more severe than those that come with a first or second driving under the influence conviction. Your lawyer teaches you about California DUI penalties and what can happen if you are convicted. Third offense DUI penalties you can receive include:
Jail Time
A jail sentence is mandatory for those convicted of driving under the influence a third time. This sentence could last from 120 days to one year. Your attorney knows how difficult it is to avoid jail time for a third DUI in California.
They search for ways to get the charge against you dismissed, as this may be the only viable option to ensure you do not have to spend time in jail.
Fines
The court could order you to pay up to $1,000 in fines, along with court assessment fees that total thousands of dollars. You could receive fines in conjunction with a jail sentence and other DUI penalties.
Suspension of Your Driver’s License
You can lose your California driver’s license after your conviction for three years. After 18 months, you may be eligible for a restricted license. If you obtain this license, you may be allowed to drive to work, school, or a DUI education program.
Probation
Generally, a third-time DUI conviction results in three to five years of probation. During this period, you cannot drive your car if you have any measurable amount of alcohol in your system.
If the police ask you to complete a BAC test, you must comply with their request in accordance with California’s Zero Tolerance Law.
Ignition Interlock Device (IID) in Your Car
An IID can be placed in your car for two years following your conviction. The device acts as a car breathalyzer, and you breathe into it before you start your vehicle. You can drive your car if the device does not detect alcohol on your breath.
DUI Education Program
You can be required to complete a 30-month DUI education program approved by the court. In the program, you learn about the risks that come with alcohol and drug use. As a result, the program provides insights you can use to avoid future DUI charges.
In addition to these penalties, you are labeled as a habitual traffic offender (HTO) after a third DUI conviction. Per Vehicle Code 14601.3, an HTO has a history of traffic violations. If you commit traffic infractions moving forward, you are subject to harsh penalties based on your HTO status.
How Does a Third Offense DUI Conviction Impact Your Life?
An Irvine third DUI lawyer discusses the short- and long-term implications of a conviction. The criminal penalties you face can take away your freedom. At the same time, there are consequences of a conviction that can affect you in many areas of your life, including:
Mental and Emotional Health
You could experience anxiety, depression, guilt, and shame after your conviction. These can impact your mental and emotional well-being to the point where you struggle in social situations or stay away from them.
Housing
The fines you incur due to a third-time DUI conviction can put a dent in your finances. Because of these, it may take years to save the money you need to make a down payment on a house. Or you may not meet a lender’s financial requirements for a mortgage.
Employment
Typically, employers care about a DUI. You may have to disclose a criminal conviction to your employer. If you tell your employer about your third DUI conviction or choose not to do so, you could hurt your chances of keeping your job. Meanwhile, your third conviction will appear on a background check. An employer can consider your conviction as it decides whether to hire you.
Right to Own a Firearm
In most instances, you can own a firearm with a DUI conviction. Yet, a third conviction pushes you closer to the threshold for losing your right to bear arms. If you have been convicted of felony driving under the influence, you can be stripped of your right to possess a firearm.
Professional Licensure
It is possible to lose your professional license for a DUI arrest in California. Depending on your job, you could have to notify a licensing board about your third DUI conviction. If board members have concerns about your criminal history and feel you pose a threat to others, they can revoke your professional license.
Travel
Canada and Mexico are two countries that deny entry to those who have been convicted of a criminal offense. After a third DUI conviction, you may have to stay out of certain countries or apply for special permits or waivers to travel internationally.
Child Custody
An Irvine third DUI attorney explains how a DUI can affect child custody in California. Your third DUI conviction does not automatically mean that your child custody rights will be revoked. However, California courts focus on the best interests of a child. Your conviction could lead a judge to modify a custody agreement and restrict your right to enjoy time with your child.
Personal Relationships
Getting convicted of driving under the influence for the third time can strain your relationships with family members and friends. The people you care about most may want nothing to do with you because you have been convicted of a DUI repeatedly.
If you try to ignore your third DUI charge, you will be convicted, and this can haunt you for the rest of your life. Instead, get legal help from a third DUI lawyer serving Irvine. Your attorney can share tips as you go through the legal process.
Tips to Help You After a Third DUI Charge
Trust a third DUI attorney serving Irvine to assist you with your case. Your lawyer answers frequently asked questions and others about driving under the influence charges. They provide tips to boost your chances of keeping your freedom, such as:
Take Care of Yourself
Accept that you cannot change the fact that you have been charged with driving under the influence for a third time. At this point, control how you respond to your charge. Practice self-care and take safe, healthy, and effective measures to feel your best. This will help you as you deal with the emotional toll that comes with being charged with driving under the influence.
Join a Support Group
Attend meetings for Alcoholics Anonymous (AA) and other support groups. During meetings, participants support one another and work together to accomplish common goals.
Consult with a professional counselor if you feel it could be beneficial to do so. The steps you take today can help you improve your well-being and show the court that you do not deserve to be convicted.
Attend Your Hearings
Understand the ramifications that come with choosing not to attend your court hearings. The court can issue a bench warrant for your arrest if you decide not to attend. You can also be subject to additional penalties.
Stay Informed About Your Case
Work with your lawyer to gather witness statements and other proof to support your argument. If you are concerned about what will occur during your trial or want more information about the legal process, talk to your lawyer.
If you have a compelling case, the prosecution may be worried about whether they will be able to get a conviction. As such, they could offer a plea bargain in which you can plead guilty to a lesser charge.
Your attorney can discuss DUI plea bargains with you and if you could receive one in your third offense driving under the influence case.
Ask for Legal Help as You Face the Consequences of a Third DUI Charge
A third driving under the influence charge is a big problem. If you are convicted, the impact on you and your family could be significant. Fortunately, Irvine third offense DUI lawyers are available to help you with your legal matters during this emotionally taxing time in your life.
Have a Los Angeles DUI lawyer review your third driving under the influence charge within days of your arrest. Select an attorney who has helped thousands of clients in DUI cases. Request a case consultation with a DUI lawyer.
