Driving Under the Influence: Understanding a Third Offense in California

Getting arrested for a DUI is scary enough the first time around. But when you’re facing a third offense, the stakes are even higher. In California, a third DUI conviction within 10 years can lead to fines, jail time, license suspension, and even being labeled a “habitual traffic offender.”

As a criminal defense lawyer in Los Angeles, I’ve seen how devastating a third DUI charge can be. My goal with this article is to walk through the key things you need to know if you’re facing a third DUI in California. I’ll cover the penalties, defenses, and steps you can take to protect yourself.

The Most Important Thing: Call a Lawyer ASAP

If you’ve been arrested for a third DUI, the very first thing you should do is call an experienced DUI defense attorney. Seriously, call them right now – don’t wait. An attorney can start building your defense strategy immediately, which is critical for getting the best possible outcome.

At my firm, we’ve handled hundreds of DUI cases over the past 20 years. When you call us, we’ll sit down and review the details of your case. Then we’ll explain your options and start developing an aggressive defense strategy. The sooner we can get to work, the better. Don’t go through this alone.

How California Treats Multiple DUIs

In California, a DUI is considered a “priorable offense.” This means it stays on your record for 10 years after a conviction. If you get another DUI during that 10-year window, you’ll face harsher penalties.

For example, say you got a DUI in 2015 and another one in 2020. That 2020 DUI would be considered your second offense, even though the first one happened 5 years ago. California looks back the full 10 years to determine if a DUI is a first, second, third, or fourth offense.

A third DUI conviction within 10 years has serious consequences. Let’s look at what you’ll be facing if convicted.

Penalties for a Third DUI Conviction

A third misdemeanor DUI conviction can lead to:

• Fines up to $1,000 plus penalty assessments
• 3-5 years of informal probation
• A 30-month DUI education program
• 120 days to 1 year in county jail
• A 3-year license suspension (with possibility of a restricted license after 18 months)

In addition, you may be labeled a “habitual traffic offender.” This brings additional criminal charges under California Vehicle Code 14601.3. Prosecutors can pursue this if you have three or more DUI convictions within a 10-year period.

Let’s dive into some of these penalties in more detail.

Jail Time

For a third DUI within 10 years, you’re looking at a minimum of 120 days in jail. However, judges have discretion to sentence you to up to 1 year in county jail.

Spending months in jail can destroy your life – you’ll lose your job, miss out on important family events, and potentially lose your housing. A skilled DUI lawyer will fight to keep you out of jail through plea negotiations or arguing for alternative sentencing.

Fines

The baseline fine for a third DUI is $390. But with penalty assessments, you’ll end up paying closer to $1,000 or more. These fines place a heavy financial burden on top of the other DUI penalties. An attorney may be able to get your fines reduced or waived.

License Suspension

After a third DUI conviction, the California DMV will suspend your license for 3 years. The good news is you can get a restricted license after 18 months. You’ll need to install an ignition interlock device (IID) on your vehicle during the restricted license period.

An IID analyzes your breath and prevents the car from starting if alcohol is detected. Attempting to drive without an IID can lead to further charges of driving on a suspended license.

Insurance Rate Hikes

A third DUI will send your auto insurance premiums skyrocketing. Some insurers may even drop your policy altogether because you’re now seen as a high-risk driver. This makes driving legally very expensive going forward.

These are just some examples of the ways a third DUI conviction will impact your life. And we haven’t even touched on the social stigma, effects on employment, and child custody consequences.

Simply put, you need an attorney fighting for your best interests.

Possible Defenses for a Third DUI

While a third DUI charge looks serious on paper, an experienced lawyer may be able to get it reduced or dismissed. Here are some potential defenses we often use:

• Illegal traffic stop – If the officer didn’t have valid reasons for pulling you over, the entire DUI case could get thrown out.
• Faulty breathalyzer – These machines aren’t foolproof. We can challenge the results if there’s reason to doubt their accuracy.
• Medical conditions – Some health issues like diabetes or acid reflux can mimic alcohol impairment during field sobriety tests.
• Medication side effects – Prescriptions and over-the-counter meds can sometimes cause drowsiness, dizziness, or slurred speech.
• Rising BAC – It’s possible your blood alcohol content was below 0.08% when you were driving but rose later before you took the breath test.
• Violation of your rights – If the police forced you to take a breath test without consent or denied your right to an attorney, your case could get dismissed.

These are just a few examples of where an attorney can find weaknesses in the prosecution’s case against you. An experienced DUI lawyer will thoroughly examine every aspect of your arrest to build the strongest defense.

Don’t Lose Hope – Take Action Now

I know getting charged with a third DUI feels devastating. You may feel like there’s no way to avoid serious penalties and a conviction. But there is hope, if you take the right legal steps now.

Here are my recommendations if you or a loved one is facing a third DUI:

• Call an attorney immediately. The sooner you get legal help, the better.
• Be honest with your lawyer so they can craft the best defense. Hold nothing back – they are on your side.
• Follow your attorney’s advice to the letter. Now is not the time to go it alone. Trust their expertise.
• Take the charges very seriously. A third DUI will change your life, so fight it aggressively.
• Get character references. Have friends, family, employers vouch for the kind of person you are.
• Seek counseling for alcohol abuse. This shows the court you’re committed to sobriety.
• Accept a plea bargain if recommended. It’s the fastest path to moving on with your life.
• Prepare for the financial impact. Higher insurance, legal fees, and fines are coming.

With the right legal strategy, we may be able to get your charges reduced or dismissed entirely. But you have to be proactive and engage an experienced DUI lawyer immediately.

I know this is an incredibly stressful time. You may feel anxious, depressed, ashamed, or afraid of what comes next. This will pass. The most important thing is to start fighting these charges right now.

My firm is here to help. Reach out for a free case evaluation and let’s get started building your defense today. Don’t go through this alone – let us shoulder this burden together. You have the power to take control of your case. Use it.