In California, DUI penalties get progressively worse with repeat offenses. By a third offense, you could be facing serious consequences, including prison time and license suspensions. The stakes are higher, and courts and judges will also be much harsher on you.
A Redondo Beach DUI lawyer can work to protect your rights and preserve your freedoms and privileges to the greatest extent possible. Without a lawyer on your side, you could run the risk of facing the maximum punishment, so don’t delay finding legal counsel.
Los Angeles DUI Lawyer can connect you with a third offense DUI lawyer serving Redondo Beach. We’ve helped thousands of people facing these and similar charges. Contact us today.
What Happens When You Get a Third DUI?
You can often get away with minimal consequences for a first-time DUI, especially if you don’t have a criminal record. With a bit of luck (and a good lawyer), you may be able to even avoid the worst brunt of a second-offense DUI conviction.
But a third-offense DUI is different. With a third offense, you will be considered a habitual offender. This will change how the prosecutors, judges, and even insurance companies treat you. Here are the major differences when it’s your third DUI:
- Longer custody and higher bail. For a third DUI offense, you will most likely be held in custody longer, and your bail amount will be higher.
- Harsher sentencing. Prosecutors will push for harsher punishments if they think there is a dangerous pattern of behavior emerging. Courts and judges are less willing to be lenient on repeat DUI offenders.
- Higher insurance premiums. Repeat DUI offenses can cause insurance premiums to skyrocket, and you’ll likely have to get an SR-22 certificate of insurance.
These factors will work against you during your case, which is why you need to work with competent legal representation that will provide an aggressive defense.
Penalties for a Third DUI Offense in Redondo Beach
A third offense DUI is typically treated as a misdemeanor offense, though with enhanced criminal and administrative penalties. According to California Vehicle Code 23550, a third DUI conviction in ten years carries:
- 180 days to one year in prison
- Fine between $390 and $1,000
- Three-year license suspension
- 30-month DUI program
- Formal probation for three to five years
- Ignition interlock device (IID) for two years
Aside from these explicit penalties, a DUI can impact your professional and personal life. With a third DUI, it will likely be impossible to get any job that involves driving. You may also have difficulty maintaining your current employment if you lose your license and cannot drive to work.
Aggravating Factors and Enhanced Penalties
Various aggravating factors can result in enhanced charges and more severe penalties for a third offense DUI:
- Driving with a BAC greater than 0.15%
- Having a minor in the vehicle
- Speeding excessively over the posted limit
- Causing an accident resulting in injury or death
- Driving on a suspended license
- Having a prior felony DUI conviction
If aggravating factors are present, a misdemeanor DUI can be charged as a felony DUI, which carries much harsher penalties.
You Have the Right to an Administrative Hearing to Keep Your License
Once you are arrested for a third-time DUI, you have ten days to request an administrative hearing with the DMV. During this hearing, you can present evidence and arguments to keep your license. If you miss the ten-day window, you won’t be able to schedule a hearing. You can have an attorney present at the hearing to represent you.
Defenses to Third Offense DUI Charges
There are several strategies a Redondo Beach third offense DUI lawyer can utilize to defend you from a third-time DUI conviction. These include:
- Illegal stop. The police must have reasonable suspicion to pull drivers over, and can’t do it solely to check for sobriety. If the police illegally stopped you, your attorney could have critical evidence suppressed and thrown out of court.
- Not driving. California’s DUI laws require you to actually drive a car and intentionally cause it to move. If the keys weren’t in the ignition or were sitting in the passenger seat, a lawyer could argue you weren’t driving.
- Inaccurate field sobriety test. Field sobriety tests rely on the responding officer’s subjective judgments, and so may be biased. Results can also be affected by things like fatigue or uneven terrain.
- Faulty chemical tests. Breathalyzers can give false readings if they are contaminated or not administered properly. Blood tests may return inaccurate results if the samples were compromised or not handled properly.
- Rights violations. If the police or prosecution violated your rights in any way during investigating and arresting you, it could result in the prosecution’s evidence being removed from court.
Get in Touch With a Redondo Beach Third Offense DUI Lawyer
The consequences of a third-offense DUI are immense, but a lawyer can provide a strategic response to the charges. Your choice of attorney could mean the difference between light sentencing and receiving the maximum punishment.
Contact Los Angeles DUI Lawyer today to learn more about how a Redondo Beach third offense DUI lawyer can help.
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