Getting convicted of driving under the influence (DUI) for a third time can cause major problems. A prosecutor is unlikely to go easy on you, and you could face severe penalties. Let a Long Beach third-offense DUI lawyer review your case and help you determine what to do from here.
We can help you partner with a Los Angeles DUI lawyer who has decades of legal experience following your third driving under the influence arrest. A DUI lawyer serving Long Beach can explain your legal options in detail. Discuss your case with a DUI attorney we refer you to.
What is a Third-Offense DUI?
A third-offense DUI refers to a driving under the influence conviction. It happens when you are convicted of a DUI for the third time within 10 years. With this conviction, you are subject to jail time, fines, and other penalties harsher than those associated with first- and second-offense DUIs.
The court will account for your first and second driving under the influence convictions as it decides your third-offense case. At the same time, the prosecutor in your third-offense DUI case is likely to do everything within their power to get a conviction. With help from a Long Beach third-offense DUI attorney, you can fight back against the prosecution’s claims against you.
A Long Beach third-offense DUI lawyer can explain if you will go to jail for your third DUI and answer other questions relating to your offense.
They can provide insights into the short- and long-term ramifications of a third-time DUI conviction. Your attorney can help you defend against a conviction that could otherwise affect you for the rest of your life.
Differences Between First, Second, and Third DUIs
If you are found to be driving under the influence in California, the police can arrest you for a DUI. A first-time charge is generally treated as a misdemeanor. You are subject to an automatic suspension of your driver’s license and could receive jail time, a fine, and other penalties.
Like a first-time driving under the influence charge, a second-offense DUI is typically considered a misdemeanor if the conviction comes within 10 years of your first one. Penalties for a second-time conviction are steeper than those associated with an initial one.
A third-offense DUI is often a misdemeanor, but the penalties associated with it can be significant. Do not wait to get legal help if you have been charged with driving under the influence for a third time.
A third-offense DUI lawyer serving Long Beach can provide details about Section 9 of the California Driver’s Handbook and the criminal penalties you could face.
Long Beach Third-Offense DUI Penalties
You can be punished for a third-offense DUI per CA Vehicle Code 23546. A third-offense DUI attorney serving Long Beach can explain this code. They can share information about the following penalties those who have been convicted of driving under the influence a third time can receive.
Jail Time
A third-time DUI conviction results in a minimum jail sentence of 120 days. Depending on the severity of your crime, you could have to spend up to one year in jail. Your lawyer can offer legal tips and recommendations and help you avoid jail for a DUI.
Fines
The fines you get can range from $2,500 to $3,500. Alternatively, a fine can be a superior alternative to having to spend time in jail. Your attorney can teach you about DUI plea bargains and, if the prosecution proposes one that includes a fine, help you weigh its pros and cons.
Probation
With a third-time driving under the influence conviction, you could receive three to five years of informal probation. As part of your probation, you may have to complete community service and meet other requirements.
Your lawyer can answer any questions you have about formal vs. informal probation in California.
Driver’s License Suspension
The California Department of Motor Vehicles (DMV) takes driving under the influence convictions seriously. As such, your driver’s license can be revoked for three years based on a third-time conviction.
Your lawyer can explain why the California DMV automatically gives administrative suspensions after a DUI arrest.
DUI School
California lawmakers want those who are convicted of three DUIs to take measures to guard against similar mistakes in the future. Thus, you can be ordered to attend DUI school for 30 months if convicted of driving under the influence three times. The school program includes group counseling and alcohol and drug education.
Installation of an Ignition Interlock Device (IID) in Your Car
You may have to put an IID in your car for up to two years based on a third-time DUI conviction. The device is installed near your car’s driver’s seat. It prevents you from starting your vehicle if you have alcohol in your system.
Restitution
If you caused someone to get hurt or incur property damage, the court can require you to pay restitution. A restitution penalty can extend anywhere from $200 to $10,000. This could be a viable plea bargain option instead of having to serve a long jail sentence for a third-time DUI.
Rather than face your DUI charge alone, seek legal help. A Long Beach third-offense DUI lawyer can evaluate your charge and learn about your two prior convictions. They can also examine DUI strategies with you.
How to Defend Against a Long Beach Third-Time Offense DUI Charge
Just because the police arrest you for driving under the influence a third time does not mean you will automatically be punished. A Long Beach third-time offense DUI attorney will consider myriad legal strategies. Possible legal defenses you can use include:
Contesting Your Preliminary Alcohol Screening (PAS) Test Results
Police officers claim you had a blood alcohol concentration (BAC) of 0.08% or higher, which led them to your driving under the influence arrest. Your lawyer understands the importance of discrediting a PAS breath test in a California DUI case. They could prove that the test was inaccurate, which can make it tough for the prosecution to get a conviction.
Arguing that You were Drinking After Driving
The police are unsure of when you actually started drinking and found you in a parked car before your arrest. In this situation, you may have been drinking after driving. Your lawyer can emphasize this point to the court, and doing so could prompt a dismissal of your case.
Defending Your Decision to Decline a Breath Test
You decline a breath test after your DUI arrest but never actually meant to refuse it. If this happens, your lawyer may consider defending against a DUI breath test refusal charge in California. They could share information with the court about how your breath test was refused, which may strengthen your case.
Showing You were not Driving Your Car
If you fell asleep in your car’s driver’s seat and the police found you intoxicated, you could be charged with a DUI. Regardless, you were not driving your car. Therefore, your attorney may use the “no driving” defense in your California DUI case, which could convince the court to provide you with a favorable outcome.
Proving there was no Probable Cause
In terms of probable cause in your California DUI case, the prosecution must show that the police had a good reason to pull your car over in the first place. Your attorney can raise doubts about why the police chose to arrest you. If they succeed, the prosecution may struggle to compel the court to rule in their favor.
Highlighting How You Never Received Your Miranda Warning
Per the Miranda warning, you have the right to remain silent following your DUI arrest. However, you may be unaware of this if the police never shared your Miranda rights after your arrest. Your lawyer can learn about your arrest and determine if pursuing a Miranda rights defense in your CA DUI case is worthwhile.
Expect the prosecution to allocate time, energy, and resources to your case. In the same way, a third-time offense DUI lawyer serving Long Beach prioritizes your legal strategy. They will work diligently to craft an argument that resonates with the court, and their efforts may lead the prosecution to offer a reasonable plea deal.
Types of DUI Plea Bargains
If the prosecution has concerns about the strength of your case, they may be inclined to offer a plea bargain. Getting a plea deal and accepting this agreement are two very different things. Your lawyer can help you assess the many different types of plea deals, including:
Wet Reckless
With a wet reckless plea deal, you agree that you were driving recklessly and that alcohol or drugs were involved in your offense. This deal may allow you to receive a lesser jail sentence than the one you could face if convicted of a third DUI. It could be an option if the prosecution lacks sufficient evidence to use against you.
Dry Reckless
Similar to a wet reckless plea agreement, a dry reckless does not count as a DUI charge. If you accept a dry reckless charge, you agree that you were driving recklessly, but no alcohol or drugs were involved in the incident.
A dry reckless plea deal may allow you to receive up to 90 days in jail versus the potential one-year sentence of a third DUI conviction.
Exhibition of Speed
An exhibition of speed plea bargain involves agreeing that you drove faster than the posted speed limit, which led to your arrest. This could require you to accept a jail sentence of up to 90 days. You may be subject to a fine of up to $1,000 or community service of up to 40 hours.
If you are unsure of how to proceed with a plea bargain, share your concerns and questions about it with your lawyer. A third-time offense DUI attorney serving Long Beach helps you make informed legal decisions. They can advise you on what to do with a plea agreement and let you know if they feel it is in your best interests to approve, counter, or reject it.
Tips to Help You with Your Third-Offense DUI Case
If you think you can handle the legal process without any help, think again. Hire a DUI lawyer who wants to help you achieve your desired case result. Your attorney will give your case the attention it deserves.
Throughout your litigation, keep in contact with your lawyer. The legal process can be challenging, and issues can come up along the way. Your attorney keeps you updated and provides continuous legal support.
Do not share details about your case online, as the prosecution may attempt to use this content against you. In addition, do not speak to the prosecutor about your case. If the prosecution reaches out and asks you to talk about your litigation, tell your lawyer, and they can handle all case communications on your behalf.
Work with Third-Offense DUI Lawyers Who will Help You Keep Your Freedom
The legal process is a lot to handle for anyone who has been arrested for driving under the influence a third time. At this point, the future appears uncertain. Fortunately, a DUI attorney can help you overcome legal problems as they arise.
Los Angeles DUI Lawyer can connect you with an attorney if you have been charged with driving under the influence. Your attorney will look for ways to get your charges reduced or reversed. We’ll help you speak to a DUI attorney about your third-offense driving under the influence case.