Driving under the influence (DUI) is a serious offense in California, and if convicted of a third DUI, the consequences can be severe. As a priorable offense, it implies that future DUI offenses will result in heavier punishments for you. With each consecutive DUI or act of wet recklessness, your penalties rise. You will be subject to severe punishments if convicted of a third DUI conviction within ten years of your first violation. At San Luis Obispo DUI Attorneys, we build a solid defense if you're facing third DUI accusations.

Defining a 3rd DUI Offense per California Laws

In California, a DUI is considered a 3rd offense if you have two or more prior DUI convictions within the past ten years. If you previously faced a DUI prosecution in the past decade and then were charged with another DUI, you would be facing a 3rd offense. It is important to note that the prior convictions do not have to be in California - they can be from any state.

Elements of the 3rd DUI offense

There are several elements that the prosecution must prove for you to be convicted of a 3rd DUI offense. These include:

You Were Operating a Vehicle While Under the Influence of Drugs or Alcohol

Before the court can convict you of a DUI offense, the prosecuting agency must prove beyond a reasonable doubt that you operated a vehicle while under the influence of drugs or alcohol. This means that the substances you consumed impaired your ability to operate a vehicle safely.

You Had a Blood Alcohol Content (BAC) of 0.08%, or You Were Impaired

In California, it is illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher. If the prosecution can prove that your BAC was above this limit at the time you were driving, you could face conviction for DUI. Even if your BAC was below 0.08%, the prosecution could still attempt to prove that you were impaired by alcohol or drugs by presenting other evidence, such as your driving behavior or the results of field sobriety tests.

You Have Two Previous DUI Convictions on Your record

As mentioned earlier, before facing 3rd DUI charged in California, you must have two or more prior DUI convictions within the past ten years. The court could find you guilty if the prosecution can prove that you have two or more such convictions.

Possible sentencing, penalties, and punishment for a 3rd DUI Offense

The consequences of a 3rd DUI offense could be severe, including significant fines, imprisonment, and losing your driver's license. In addition to these penalties, you may also be required to attend a mandatory alcohol education program and install an IDD in your vehicle.

Administrative Penalties

In addition to criminal penalties, you could face administrative penalties if convicted of a 3rd DUI offense. The California Department of Motor Vehicles (DMV) can suspend or revoke your driver's license following a DUI conviction. If this happens, you could pay a reinstatement fee and file an SR-22 form, which is a certificate of financial responsibility.

Criminal Penalties

 In California, 3rd DUI offense punishment depends on the circumstances surrounding your case, for example, your BAC at the time of the offense and whether you were involved in an accident that caused injury or property damage.

In general, a 3rd DUI offense is a misdemeanor offense in California. If the court finds you guilty, you may be sentenced to up to one year in county jail. In addition to imprisonment, the judge could order you to pay fines, restitution, and court costs.

Expunging a Third DUI Offense Conviction

In California, you could have your 3rd DUI offense conviction expunged, which means that it will be removed from your criminal record. To be eligible for expungement, you must have completed your sentence, including any probation, and you must not have any new criminal charges pending.

If your 3rd DUI offense conviction is expunged, it will not be visible to most employers or landlords and will not appear on most background checks. However, it will still be visible to law enforcement and may be considered in future criminal cases.

Aggravating Factors That May Enhance the Typical Sentencing for a 3rd Offense DUI

Several factors may enhance sentencing for a 3rd DUI offense. These include:

  • A high BAC at the time of the offense.
  • A prior DUI conviction within the past ten years.
  • An accident that caused injury or property damage.
  • A refusal to submit to a chemical test.
  • A minor under the age of 14 in the vehicle at the time of the offense.
  • If any of these factors are present in your case, you could face more severe consequences if convicted of a 3rd DUI offense.

Third DUI Offense and Three-Strikes Law

In California, the three-strikes law is a sentencing enhancement that imposes longer prison terms for defendants convicted of two or more prior felonies. In California, If charged with a 3rd DUI, you could face a longer prison term if you have two prior felonies on your record.

It is important to note that the three-strikes law only applies to felony offenses. Penalties under the Three-Strikes Law include life in prison or a minimum of 25 years. If you're fortunate, you might be granted release after serving your 25-year term.

Many non-violent DUI offenders received life sentences until Prop 36 was adopted in 2012. The following situations are likely to result in a penalty under the Three-Strikes Law:

  • If you are a habitual traffic offender (HTO) and have previously been convicted of a felony DUI, you may also be sentenced under the Three-Strikes Law. Even if you don't cause an accident or fatality due to your intoxication in this situation, you will still receive a term under the Three-Strikes Law.
  • If you are found guilty of vehicular manslaughter or second-degree murder while under the influence of alcohol, you could face a penalty under the Three-Strikes Law.
  • You have had more than three DUI convictions in the past ten years. The Three-Strikes Law determines the penalty for the second conviction if the prior convictions were all wet reckless.

An Arrest for a 3rd DUI While on Probation

If the judge has posted you on probation for a previous offense, an arrest for a 3rd DUI may violate the terms of your probation. If this happens, you may be subject to additional consequences, including a probation violation hearing and a potential return to prison.

If you are arrested for a 3rd DUI while on probation, it is important to seek the assistance of an experienced criminal defense attorney as soon as possible. An attorney could help with understanding the consequences you may be facing and can work to minimize the impact of the arrest on your probation status.

Conditions of Probation after a DUI arrest

  • You must pay reparation if you create an accident and others suffer losses.
  • You shouldn't carry out any more criminal offenses.
  • Participating in alcohol-free gatherings.
  • After a DUI arrest, you shouldn't refuse to take a chemical test.

It is also important to note that if you are arrested for a 3rd DUI while on probation, you could face a felony charge, even if you previously faced a conviction for a misdemeanor DUI. This is because a probation violation is a separate crime from the underlying offense that led to the probation.

Can You Obtain Your Driver’s License Back after 3 DUIs in California?

If your driver's license is suspended or revoked following a 3rd DUI conviction in California, you may be able to get it back after a certain period. The length of the suspension or revocation will depend on the specific circumstances of your case. It may be affected by factors such as your BAC at the time of the offense and whether you were involved in an accident that caused injury or property damage.

You must pay a reinstatement fee and file an SR-22 form before your license can be reinstated. The court could require you to attend a mandatory alcohol education program and install an ignition interlock device in your vehicle.

It is important to note that getting your license reinstated after a 3rd DUI offense can be challenging. The process can be complex and require you to jump through several bureaucratic hoops. An experienced criminal defense attorney can help you maneuver the process and advocate for your rights.

Legal Defenses to 3rd DUI Offense

Several legal defenses may be available if charged with a 3rd DUI offense. Some of these defenses include:

Mouth Alcohol Resulted in Falsely High BAC Results

One potential defense to a DUI charge is to argue that mouth alcohol, rather than alcohol consumed, resulted in false high BAC results. Mouth alcohol can come from sources such as mouthwash, breath sprays, or dental work and can interfere with the accuracy of a BAC test. If your defense attorney can show that mouth alcohol was present at the time of the test, it may be possible to challenge the accuracy of the BAC results.

Field Sobriety Tests Do Not Accurately Gauge Impairment

Law enforcement officers often use field sobriety tests, such as the one-leg stand or the horizontal gaze nystagmus test, to determine if a driver is impaired. However, these tests are not always accurate and can be affected by various factors, such as physical disabilities, medications, or poor road conditions. Suppose your defense attorney can show that the field sobriety tests were not administered correctly or that the results were unreliable. In that case, it may be possible to challenge the evidence against you.

The Arresting Officer Did Not Follow the Right Procedures

For a DUI arrest to be legal, the arresting officer must follow certain procedures. If the officer did not follow the correct procedures, such as failing to read you your Miranda rights or failing to administer a chemical test properly, it might be possible to challenge the arrest and the evidence against you.

Your BAC Results Were Inaccurate

BAC results can be challenged in many ways. For example, if the breathalyzer machine was not properly calibrated or the person administering the test was not properly trained, it may be possible to challenge the accuracy of the BAC results. Your defense attorney may also be able to argue that the BAC results were influenced by factors such as rising BAC - your BAC continued to rise at the time of the test, even though you had not consumed any additional alcohol or the ingestion of certain foods or medications.

Reckless Driving Does not Mean You Were Intoxicated

Reckless driving, or driving in a way that endangers the safety of others, is often used as evidence of impairment in a DUI case. However, reckless driving does not necessarily mean that you are intoxicated. Your defense attorney may be able to argue that other factors contributed to your reckless driving, such as a medical condition or a mechanical issue with your vehicle.

These are just a few possible defenses to a 3rd DUI offense. The specific defenses that may be available to you will depend on the circumstances of your case.

How can an Attorney Help your Case

An experienced criminal defense attorney can provide valuable assistance if charged with a 3rd DUI offense. Some of the ways an attorney can help your case include:

  • Defending you if your Case Go to Trial

If your case goes to trial, your attorney will be your advocate and will work to present a strong defense on your behalf. This may involve challenging the prosecution's evidence, cross-examining witnesses, and presenting evidence and arguments in your favor. An attorney with experience defending against DUI charges will be familiar with the legal issues and defenses that may be relevant to your case and will be able to provide you with a strong defense.

  • Obtaining a Favourable Plea Deal

In many cases, it may be possible to negotiate a plea deal with the prosecution. A plea deal is an agreement in which you plead guilty to a lower charge in exchange for a more lenient sentence. An experienced attorney will be familiar with the prosecution's negotiating tactics and will negotiate a plea deal on your behalf.

  • Alternative Sentencing for 3rd DUI Offense

If you're fortunate enough to come across a knowledgeable DUI lawyer, they could bargain with the prosecutor to drop your charges. You could be put under home arrest instead of serving a longer jail term and paying significant fines. The court could order you to perform community service by the court. You can forgo the required alcohol education program in favor of community service. The judge may order you to serve 30 days under home arrest rather than 120 days in jail.

Instead of jail time, you could participate in a jail alternative work program. Additionally, if you act properly while you are being held, your charges can be reduced. Since many judges are unwilling to provide jail options for repeat DUI offenders, getting one is difficult. You will need an active lawyer to improve your chances of avoiding jail time. DUI crimes in California are punishable by hefty fines. As a result, even if the court suggests an alternative punishment, you will still need to appear in court frequently. As a result, it is hard to participate in alternative sentencing and lead a regular life that includes going to work.

  • Legal Analysis

An attorney will be able to provide you with a legal analysis of your case, including an assessment of the strengths and weaknesses of your defense and the probability of success if your case goes to trial. This can help you make informed decisions about proceeding with your case.

  • Evidence Gathering

An attorney can also help you gather evidence to support your defense. This may involve obtaining witness statements, reviewing police reports, and examining other documents and physical evidence. An attorney can help you identify and gather the most relevant evidence to your case and can help you persuasively present that evidence.

It is important to note that these are just a few ways an attorney can help your case if charged. An experienced criminal defense attorney can provide you with personalized legal guidance and representation based on the specific circumstances of your case.

Find a DUI Attorney Near Me

If charged with a 3rd DUI offense in California, it is important to take the charge seriously and seek the assistance of an experienced criminal defense attorney. The consequences of a 3rd DUI conviction can be severe, including significant fines, imprisonment, and losing your driver's license. An attorney can help you understand your options and develop a defense strategy to protect your rights and defend against the charges.

At San Luis Obispo DUI Attorneys, we have represented many clients accused of DUI offenses and successfully obtained the dismissal of their charges or a favorable resolution to the infractions. Call us at 805-321-1000 if you are the subject of these accusations, and we will vigorously contest the accusations on your behalf.