Your Third DUI Is a Turning Point — We’re Ready to Fight
A third DUI offense in California is aggressively prosecuted and comes with harsh, mandatory penalties. Prosecutors will argue you are a repeat risk and push for significant jail time, a long license revocation, and strict probation terms. You need a defense that is immediate, evidence-driven, and strategic.
The Simmrin Law Group Los Angeles DUI Lawyer team focuses on DUI defense across Los Angeles. We know how to challenge the basis of the stop, the testing process, and—when appropriate—the use of prior convictions. Our goal: protect your freedom, your license, and your future employability.
What Counts as a Third DUI in California?
California uses a 10-year lookback window. A third offense can be charged when your record within 10 years includes any combination of:
- Prior DUI convictions (Vehicle Code § 23152)
- “Wet reckless” convictions that count as priors
- Out-of-state DUIs California treats as equivalent
Important: Not every prior is properly recordable. If a prior plea lacked required advisements, paperwork is incomplete, or it was misclassified, we can move to exclude it, which can reduce exposure and influence sentencing.
Penalties for a Third DUI Conviction in Los Angeles
While a third DUI is commonly charged as a misdemeanor (felony possible in certain circumstances), the penalties are severe and can include:
| Penalty | Possible Outcome |
|---|---|
| Custody | Mandatory county jail time (often measured in months), with eligibility for alternative sentencing in some cases |
| License Revocation | Typically a multi-year revocation through the DMV, with potential IID-based restricted driving when eligible |
| Fines & Assessments | Base fines plus substantial penalty assessments and fees |
| Probation | Up to several years with strict conditions (no alcohol, searches, compliance checks) |
| DUI Education | 18- to 30-month program (court/DMV dependent) |
| Ignition Interlock Device | Often required to regain or maintain limited driving privileges |
| Habitual Traffic Offender | HTO designation may apply, increasing penalties for future driving offenses |
Sentencing varies by court, facts, prior case quality, mitigation, and compliance history. We tailor defense to your exact circumstances.
Act Fast: DMV Action Starts Immediately
You generally have 10 days from arrest to request a DMV Administrative Per Se Hearing. If you miss this deadline, your license can be revoked before your first court date.
- We file the DMV hearing request and stop the automatic revocation while the case proceeds
- We subpoena machine logs, calibration records, and officer training docs
- We present expert analysis to attack BAC results and officer conclusions
Learn more: DMV License Defense
How The Simmrin Law Group Defends Third DUI Cases
1) Challenge the Stop and Detention
If the officer lacked reasonable suspicion for the stop or prolonged the detention without cause, we move to suppress the evidence that followed.
2) Attack the Chemical Test Evidence
We dig into:
- Breath machine maintenance and accuracy logs
- Operator certification and compliance with protocols
- Chain-of-custody for blood draws
- Storage, fermentation, and contamination risks
- Hospital vs. forensic lab inconsistencies
Learn more: DUI Defense Strategies
3) Undercut Field Sobriety Testing
FSTs are subjective and influenced by stress, fatigue, age, injuries, footwear, and road conditions. We use cross-examination and expert input to demonstrate unreliability.
4) Scrutinize Prior Convictions
We review file integrity, advisements, and classification. If a prior is invalid or misapplied, we fight to strike it, which can reduce penalties and reshape the court’s approach.
5) Fight for Alternative Sentencing
When appropriate, we propose options that protect employment and sobriety goals:
- Structured residential or outpatient treatment
- SCRAM/monitoring programs
- Community custody or work release (where available)
- House arrest with GPS in lieu of straight jail time
Why Clients Choose The Simmrin Law Group
- Dedicated DUI defense with repeat-offense focus
- Scientific, evidence-first approach to breath and blood testing
- Experience with LA courts, DUI calendars, and prosecutor practices
- We handle both DMV and criminal proceedings end-to-end
- Track record of mitigating jail exposure and protecting licenses
Frequently Asked Questions
Is a third DUI always a misdemeanor?
Typically yes, but aggravating factors (injury, prior felony DUI, or other enhancements) can elevate exposure. We evaluate charges and enhancements immediately.
How long will my license be revoked?
Third-offense revocations are lengthy. Depending on eligibility, an IID can sometimes allow limited driving sooner. We address this at the DMV hearing.
Can I avoid jail on a third DUI?
Custody time is common, but with a strong plan—treatment, compliance, verified sobriety, and community supports—judges may accept alternatives in appropriate cases.
Can a third DUI be dismissed?
Yes, if we suppress the stop or test evidence, or successfully undermine critical elements. Each case turns on its facts, documentation, and prior record integrity.
Contact The Simmrin Law Group
Your case is already moving through the system. The sooner we get involved, the more options we have to protect your freedom and license.
Request a confidential consultation online.
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