Driving under the influence (DUI) of drugs or alcohol can result in serious harm to yourself and others, and it is also likely to lead to legal consequences. A third DUI charge will be met with steeper penalties than previous offenses.

If you’re convicted of a third DUI offense in the period of ten years, the likelihood of avoiding significant penalties is slim. Repeated instances of driving under the influence could lead to jail time, penalties, mandatory substance abuse programs, license revocation, and years-long probation.

DUI Laws in California

Drivers in California can be pulled over and charged with DUI if the police officer has reasonable suspicion that they are under the influence. If you have consumed alcohol or taken any legal or illegal drugs that cause impairment, you may be facing DUI charges. This includes prescription medication, over-the-counter medicine, and other legal substances.

Alternatively, if the officer checks your blood alcohol concentration (BAC), and it is higher than the legal limit, you could also be charged with DUI even if your driving was not impaired. The legal limit in California is different for various groups of people.

  • .04% for commercial drivers
  • .04% for people driving passengers for hire
  • .01% for drivers under the age of 21
  • .01% for people on DUI probation
  • .08% for all other drivers

A third offense is considered a misdemeanor as long as no other factors are present, like injury, excessive speed, or minor passengers.

Third DUI and License Suspension

License revocation is usually a penalty for a third DUI offense, but there are ways that defendant could avoid losing their license. You will need to prepare for two cases after a third DUI – your criminal hearing and a hearing with the Department of Motor Vehicles (DMV). The DMV will initiate an action against you after your arrest for a third DUI, and this is considered a separate matter from the criminal case. If you win your criminal DUI case and the DMV hearing, you can prevent license revocation.

With a third offense, it is unlikely that a defendant will avoid all consequences, so another option is to install an ignition interlock device (IID) on your vehicle. An IID is connected to your car, monitors your breath for alcohol, and prevents you from starting your vehicle if any traces are detected. After a third DUI offense, the IID could be ordered for 24 months. Your DUI lawyer may be able to request an IID be installed to reduce the amount of time your license is suspended.

This stipulation does not apply to you if you were non-compliant and refused to take a breath test or chemical test to check your BAC following your arrest. In these cases, you cannot drive for three years and won’t be able to obtain a restricted license in that period.

Other DUI Penalties

In addition to the driver’s license consequences and IID requirement, there are numerous other penalties that could be handed down by the judge. Typically, a misdemeanor third DUI offense can lead to:

  • Up to one year in county jail
  • Fines and penalty assessments of up to $3,000
  • Mandated and court-approved DUI program
  • Up to five years of informal probation

If you are granted probation, the judge will add the following terms:

  • No driving with any detectable amount of alcohol in the blood
  • Submitting a chemical test if charged with another DUI
  • Committing no crimes while on probation

If you drove under the influence and caused an accident that injured others, you may also be required to pay restitution to the victims. Restitution is a payment or reimbursement or damages. In a DUI case, this could include property damage and medical expenses.

DUI offenders who cause an accident and harm others tend to face more severe punishments. Other aggravating factors that can add jail time or additional penalties to your third DUI charge include being underage, speeding excessively, and refusing to take a chemical test.

Being convicted of DUI also impacts other areas of your life. Criminal history affects job prospects and housing opportunities. Repeat DUIs will cause your car insurance rates to increase. A third DUI conviction also means you could be labeled a habitual traffic offender, a designation you’ll carry for up to three years.

Best Possible Outcome After a Third DUI Offense

Avoiding jail time is often a top priority for people after a third DUI arrest. Even if you are convicted, your attorney may be able to negotiate house arrest, an in-patient addiction treatment program, or a special work program in lieu of imprisonment. Getting the charges dismissed is ideal, but reduced charges are also beneficial for defendants.

Possible defensive strategies include:

  • Proving the officer did not have reasonable suspicion to pull you over
  • Showing the officer did not have probable cause to arrest you
  • Providing evidence that the officer failed to administer the tests appropriately
  • Arguing that you were not intoxicated but were having medical symptoms

Fighting a third DUI charge is challenging, but a strong defense can help minimize the negative consequences of this offense.

Legal Representation for a DUI Charge

The consequences of a third DUI offense are significantly more severe than a first or second offense. Having reliable and experienced legal representation is crucial. Contact the Law Office of Sheny Gutierrez to schedule a free consultation.