A third driving under the influence (DUI) arrest can make you feel like your world is ending. It can seem impossible to avoid a conviction. Thankfully, a San Diego third offense DUI lawyer can discuss your legal options and explain what you can do next.
Trust a San Diego DUI lawyer to help you deal with your arrest’s aftermath. A Los Angeles DUI lawyer with decades of relevant case experience can build an argument to show the court that you deserve to keep your freedom. Meet with a DUI attorney.
What Is a Third Offense DUI?
A third offense driving under the influence charge is defined in accordance with CA Vehicle Code 23546. It is often classified as a misdemeanor. However, there are times when a third offense DUI is treated as a felony.
Expect to be punished to the fullest extent of the law if you have been arrested for driving under the influence a third time. A San Diego third offense DUI attorney understands the severity of a conviction. They can look for ways to prove to the court that your charge should be reduced or dismissed.
You do not have to face a third-time DUI charge alone. Partner with a Los Angeles DUI lawyer as soon as you can following your arrest. Allow your attorney to serve as your legal representative and advocate throughout your case proceedings.
San Diego Third Offense DUI Penalties
You are subject to California DUI penalties if you are convicted of driving under the influence for a third time. A third offense DUI lawyer serving San Diego can teach you about these penalties relative to your case. Penalties if you are convicted of a third DUI within 10 years can include:
Jail Time
A misdemeanor conviction has a minimum mandatory jail sentence of 120 days. Depending on the circumstances of your case, the court could sentence you to up to 12 months in jail. For a felony conviction, you could receive 16 months to three years in prison.
Fines
You could be fined up to $3,000 if convicted of a misdemeanor DUI for a third time. Fines can reach $5,000 if you are convicted of a felony DUI. With a felony conviction for a DUI causing injuries, you could be fined up to $10,000.
Probation
For a misdemeanor or felony conviction, the court could order formal or informal probation that lasts up to five years. A third offense DUI attorney serving San Diego can discuss formal vs. information probation in California with you. They can answer questions about both types of probation.
Driver’s License Revocation
You could have your driver’s license revoked for three years based on a third driving under the influence conviction. If the court convicts you of a felony, your driver’s license could be permanently revoked.
Ignition Interlock Device (IID) Installation
The court can order the installation of ignition interlock devices that require a breath sample before a vehicle can start. If you receive a misdemeanor or felony DUI conviction, the court could require you to keep an IID in your vehicle for two years.
Drug or Alcohol Treatment Program
There are instances in which the court gives third-time DUI offenders the opportunity to complete drug or alcohol treatment programs in lieu of harsher penalties. Your lawyer can share details about DUI plea bargains and if you could join one of these programs as part of an agreement between you and the prosecution.
Restitution
The court could require you to provide compensation to cover the medical bills and other losses of those you harmed. Your attorney can describe what DUI restitution is and how much the court could order you to pay.
Just because you have been charged with driving under the influence for a third time does not mean you will receive these or other penalties. A San Diego, CA third offense DUI lawyer will consider the facts of your case. They can evaluate DUI strategies with you and develop a plan to help you contest the prosecution’s argument.
San Diego Third Offense DUI Legal Strategies
A San Diego, CA third offense DUI attorney knows the legal system. They account for the prosecution’s case against you and look for ways to poke holes in their argument. Your attorney could use any of the following legal strategies to dispute your charge:
Challenging the Traffic Stop
The police must have a valid reason for stopping your vehicle and arresting you for driving under the influence. Your lawyer can question whether there was probable cause in your California DUI case. This could make the court doubt whether police officers acted in accordance with the law.
Showing That Your Preliminary Alcohol Screening (PAS) Test Result Was Inaccurate
You could get charged with a DUI because the police claim you had a blood alcohol concentration (BAC) at or above 0.08% at the time you were driving. Your lawyer could share evidence to discredit the PAS breath test in your California DUI case. If the court has concerns about the accuracy of your test result, it could be difficult to convict you.
Proving That Mouth Alcohol May Have Skewed Your Breath Test Result
Breath mints, chewing tobacco, and medications are three mouth alcohol sources. Mouth alcohol from these sources or others can contribute to an inaccurate breath test result. Thus, your lawyer may utilize a mouth alcohol defense in your California DUI case if they believe doing so could prompt the court to rule in your favor.
Highlighting How the Police Did Not Issue a Miranda Warning
Police officers must read your Miranda warning following your arrest and before they question you. That way, you know you have the right to remain silent. Your lawyer could use a Miranda rights defense in your California DUI case if you never received this warning, which may lead the court to suppress evidence that could be used against you.
Arguing That You Were Not Actually Driving
You fall asleep in the driver’s seat of a parked car. The police come up to your vehicle and arrest you for driving under the influence. Your lawyer could use a “no driving” defense in your California DUI case, as you were not driving the vehicle at the time of your arrest.
A third offense DUI lawyer serving San Diego, CA, tailors your legal strategy to your case. They examine evidence and how it can be used to validate your argument. Your lawyer also remains accessible to address your legal concerns and questions at each stage of your litigation.
Tips to Help You Fight Back Against a Third Offense DUI Charge
Speak to a third offense DUI attorney serving San Diego, CA within days of your arrest. Your lawyer is familiar with driving under the influence charges and how overwhelming a criminal conviction can be. They can share tips to help you during your legal proceedings, such as:
Review Your Case with Your Lawyer
Be open and honest with your attorney about your charge and your past DUI convictions. Your lawyer may find that your DUI arrest was unlawful, which could provide the foundation for your legal strategy.
Enroll in a Voluntary Treatment Program
Join a voluntary treatment program, as this can show the court that you are taking your driving under the influence charge seriously. Your program participation can impact the way the court views you. It could help you get the charge against you dropped or lead the prosecution to propose a plea deal that lines up with your expectations.
Take Care of Yourself
Seek professional counseling if you are worried or stressed about being convicted of driving under the influence for a third time. Prioritize your health and well-being during this emotionally taxing period of your life. This can help you feel your best as you and your lawyer work together to combat the prosecution’s case.
Be Open to a Plea Deal
If the prosecution proposes a plea agreement, assess the offer with your lawyer. Accepting a wet reckless plea bargain or similar deal may be a better option than bringing your case to trial. Your attorney can help you weigh a plea deal’s pros and cons and make an informed decision about it.
How you approach the aftermath of your DUI arrest is critical. Do everything within your power now to disprove the prosecution’s case. If you have outstanding legal representation, you are equipped to do just that.
Why Do You Need Legal Representation for a Third Offense DUI?
You may believe the prosecution’s case against you is weak and that you can go through the legal process by yourself. Ultimately, a DUI lawyer makes a world of difference in your third offense DUI case. They do so in many ways, such as:
Establishing Realistic Expectations for Your Case
You are going through the DUI legal process a third time and are unsure of what will happen. Leading up to your trial, your lawyer explains what can occur that could impact your case result. They ensure you are prepared for all that this process entails.
Explaining How the Legal System Will Treat Your Case
Your attorney can walk you through the process that follows a third driving under the influence arrest. They can tell you about the legal challenges you will face and how to address them. Plus, they help you prepare for your trial and make sure you can enter the courtroom feeling confident about your case.
Protecting Your Legal Rights and Best Interests
A prosecutor is likely to commit substantial time and resources to your case. No matter what happens, your lawyer is focused on you. They can teach you about your legal rights and make sure your best interests are represented throughout your litigation.
Preparing a Body of Evidence
It is not enough to say you should not be convicted of driving under the influence. Your lawyer searches for proof to support your case. If you have an abundance of evidence, it becomes tough for the prosecution to prove to the court that you should be convicted.
Negotiating a Plea Deal
Your attorney lets you know if a plea deal is a viable option. If so, they can negotiate a plea agreement with the prosecution. You have the final say on what to do with a plea bargain, and your lawyer can advise you during the decision-making process.
Representing You in Court
Court hearings can be intimidating. Your lawyer stands by your side if you are required to appear in court. They can speak about your case for you and help you avoid saying or doing things that could otherwise hurt your chances of achieving your desired case outcome.
Who you hire as your legal representation has far-flung effects. Choose a third offense DUI lawyer who will give your case the attention it deserves. Your attorney can help you make it clear to the court that you should not be punished.
Get Legal Help from San Diego Third Offense DUI Lawyers Who Want You to Walk Away Free
You realize your third driving under the influence charge is a big deal and want exceptional legal representation. Consult with San Diego third offense DUI attorneys who have a great reputation. Your lawyer could find ways to show the court that you should be cleared of your charge.
Work with a Los Angeles DUI lawyer who has handled thousands of cases. Your attorney can analyze your case and create a custom legal strategy for you. Schedule a consultation with a DUI attorney.
