Are you facing driving under the influence charges for the third time? Once you have three DUIs on your record in California, you may have reason to fear the worst, as many third-time DUI charges coincide with harsher penalties. But there’s one thing you must always remember: you are not alone in this.
With a Pasadena third offense DUI lawyer by your side, you can rest assured that someone will advocate for you through every step of the legal process. At Los Angeles DUI Lawyer, we have decades of experience helping thousands of people find attorneys who can represent them.
You can count on us to give you the resources you need by connecting you with a Pasadena DUI lawyer who can help.
Defining a Third DUI Offense
A DUI is considered a third offense if the driver has two prior DUI convictions within the previous 10 years. The ten-year period is measured from offense to offense, not from conviction to conviction.
Here are examples of what prior convictions may include:
- Standard DUIs under Vehicle Code § 23152
- “Wet reckless” convictions under Vehicle Code § 23103.5
- Out-of-state DUI convictions that are equivalent to California state laws
- DUI-related offenses that involved injury under Vehicle Code § 23153
Once someone accumulates three DUI-related convictions within the span of a decade, the third DUI arrest becomes the basis for significantly enhanced penalties.
Consequences You Could Face For a Third DUI
California’s DMV conducts an independent administrative process separate from the criminal court. After a DUI arrest, the DMV initiates an Administrative Per Se (APS) suspension. Unless the driver requests an administrative hearing within 10 days, the DMV will automatically suspend the license.
Here are the administrative penalties imposed by the DMV for a third DUI:
- Three-year revocation of driving privileges
- SR-22 insurance requirement (proof of financial responsibility)
- DUI program enrollment and completion
- Possible eligibility for a restricted license with an IID after a period of hard suspension
Even if the criminal case is dismissed or reduced, the DMV can still uphold its own license penalties based on administrative findings.
What is a Third DUI with Aggravating Circumstances?
If aggravating factors are present during the offense that resulted in a third DUI charge, the case can still carry enhanced penalties. In some instances, it can even be elevated to a felony.
Let’s take a look at common aggravating factors in third offense DUI cases:
- Having a high BAC: A blood alcohol concentration of 0.15% or more might result in increased penalties.
- Refusing to take a chemical test: This could result in longer jail sentences and lengthier license revocation periods.
- Causing an accident: This is particularly impactful if another person is injured or property damage occurs as a result of the offense.
- Driving with a child passenger: If a person under the age of 14 is in the vehicle at the time of the incident, the court may impose a sentencing enhancement.
- Speeding excessively: DUIs that involve reckless driving or speeding can trigger additional charges.
- Driving on a suspended license: If the person facing third DUI charges was already under license suspension from a previous DUI, their penalties will likely escalate.
These factors are taken seriously in Pasadena courts. It’s not uncommon for them to result in longer jail sentences, increased fines, and a greater likelihood of felony charges. That’s why it’s important to contact a third offense DUI lawyer in Pasadena as soon as possible.
The Definition of a Third Offense Felony DUI
While a third DUI is often charged as a misdemeanor, it can be upgraded to a felony under certain conditions:
- Previous felony DUI conviction: If any prior DUI charges on your record are considered a felony, any subsequent DUI that you are charged with can be regarded as a felony as well under California Vehicle Code § 23550.5.
- Injury or death: If the third offense involved an accident that caused injury or death, the prosecution may file felony charges under Vehicle Code § 23153.
- Prior DUI–related vehicular manslaughter conviction: A person with this kind of record may automatically face felony charges on any subsequent DUI.
A felony DUI conviction carries major consequences, often including, though not limited to, the following:
- 16 months to three years in state prison
- Up to $5,000 in fines
- Four-year license revocation
- Designation as a habitual traffic offender
These penalties are far more severe than those associated with other DUI-related charges. A felony DUI can have lasting impacts on your employment, rights, and freedom. The sooner you contact a third offense DUI attorney in Pasadena, the sooner your legal counsel can start building a case in your defense.
Contact Los Angeles DUI Lawyer Today To Learn How a Third Offense DUI Law Firm in Pasadena Can Assist You
If you or someone you love is facing a DUI charge for the third time, you might be stressed out and worried about the potential outcome of the case. However, a Pasadena third offense DUI attorney can help you.
Legal counsel with experience handling DUI cases can teach you what they know, what to expect, and how to protect your rights throughout every step of the process. But where should you look for high-quality Pasadena third offense DUI lawyers?
It all starts with contacting Los Angeles DUI Lawyer as soon as possible. We’re here to connect you with attorneys who understand the seriousness of repeat DUI offenses and how to fight for a favorable outcome in your case. Call today to get started.
