Prosecutors and judges are strict on DUI cases because they are the leading cause of most fatal road-related accidents. If you are under arrest as a suspect in a third-time DUI offense, the stakes here are higher than in your first-time offense. A third-time DUI offense is not just another misdemeanor, and a conviction under Vehicle Code 23646 could attract a jail time of up to ten years.
A conviction for this offense will also affect your driving privileges for up to three years. If you or a loved one is in legal custody for an alleged third-time DUI, you should consult with a seasoned criminal defense attorney to know your legal options and the best way forward. At Leah Legal Criminal Defense Attorney, we will leave no stone unturned when preparing legal defenses to challenge your alleged violation.
Do not hesitate to contact us if you need result-oriented legal representation in your case, wherever you are in Los Angeles.
What to Expect After Being Arrested for Alleged Third-Time DUI
As mentioned in the previous sentence, driving under the influence (DUI) is a grave offense that could attract serious consequences, including jail time and the suspension of your driver’s license. The seriousness of the penalties you could face after conviction depends on the underlying factors and nature of your unique case, including your criminal record.
If you have two DUI-related convictions on record within the past ten (10) years, your subsequent arrest will attract third-time DUI charges because DI is a priorable offense. That means your past DUI-related offenses will count when determining an appropriate sentence for a subsequent conviction. Here is what to expect after an arrest for a third-time DUI offense:
Custody and Bail
Depending on the facts of your unique case, the court could detain you until you post bail. Bail is the refundable sum of money the court requires you to pay to show your commitment to making all the scheduled court appearances
Mandatory Court Hearings Appearances
Unlike your first DUI offense, you will not be able to waive your appearance during the scheduled court hearings when charged with a third DUI offense. Once you secure your freedom on bail, you should comply with all the requirements of your pretrial release. A violation or breach of any bail terms or requirements could attract an arrest and even make the underlying third-time DUI offense harsher.
Long-term Consequences on Your Driver’s License
Even after your driver’s license is reinstated, you will most likely face other long-term consequences for a third-time DUI conviction, including a zero-tolerance policy and higher SR-22 insurance premiums. The court will also require you to install an IID (ignition interlock device) in your vehicle to continue driving lawfully.
Enhanced Sentence Pressure
When the prosecution team is dealing with a third-time DUI offense, they often see a dangerous pattern of behavior and someone who is not willing to learn from his/her mistakes. Hence, they push for the maximum sentence for the offense after conviction.
How to Prevent Automatic Suspension of the DL by the DMV After Your Arrest for a Third-time DUI
Most offenses do not attract any formal penalty until you enter a plea bargain or the court convicts you at trial. However, for a DUI offense, you could face administrative consequences, which could affect your driver’s license. The DMV (Department of Motor Vehicles) is the government agency that issues administrative punishments following a DUI arrest.
When the police arrest you as a suspect in a third-time DUI offense, he/she will issue you a pink document (Notice of Suspension), which will act as your temporary DL for a maximum of thirty days. After the 30 days, the DMV will suspend your DL for up to one year unless you request an administrative hearing within the ten days of your arrest.
The DMV administrative hearing gives you a chance to challenge the alleged DUI offense and protect your driving privileges.
With the legal assistance of your attorney, the DMV could dismiss your case, allowing you to continue driving lawfully pending the outcome of your third-time DUI offense. It is worth noting that the DMV hearing is separate from the criminal proceedings.
What the Prosecutor Must Prove at Trial to Secure a Third-time DUI Conviction Against You
If a plea deal is not an option in your case, your case will proceed to the trial. The trial hearing is one of the most critical phases of the criminal court process. The core of the trial hearing involves the presentation of evidence.
To secure a conviction for a third-time DUI offense against you, the prosecution must provide adequate evidence, including eyewitness testimonies, to prove the following facts beyond a reasonable doubt:
- You were driving — Driving means you were operating the vehicle at the time of the arrest. That means you would not be guilty of DUI if the police arrested you while seated in a parked vehicle with the engine turned off
- You were impaired or had a BAC exceeding 0.08% or above — To show the court that you were under the influence or too impaired to drive a vehicle like a cautious driver, the prosecution team will present your BAC (blood alcohol concentration) test results. The results of your field sobriety test can also help prove to the court that you were impaired
- You have prior DUI convictions — To secure a conviction against you for a third DUI offense, the prosecution team must present evidence to prove that you have two prior DUI convictions on your record within the last ten years. Copies of past judgments and court records can help the prosecutor prove you have past DUI convictions on your record
If the prosecutor cannot prove these facts beyond a reasonable doubt, the court could dismiss or reduce your charges.
Potential Punishment You Could Face for a Third-time DUI Conviction
The potential penalties you will face for a third-time DUI are harsher than the ones you received on your previous convictions because they indicate you are a notorious criminal offender. If the prosecutor secures a conviction against you for a third-time DUI offense, your sentence could include:
- A jail time — A jail time is undoubtedly inevitable after a conviction for a third-time DUI offense. A conviction for this offense can attract a jail term of up to one (1) year. Sometimes the court could allow you to serve part of this sentence in a drug and alcohol treatment facility
- License suspension — The court will revoke your DL for two to three years after a third-time DUI conviction. However, you could be eligible for a restricted license to continue driving by installing an IID in your vehicle
- Probation — The court could award you misdemeanor probation as an alternative to jail time. The probation could last for not more than five years, and you must comply with all the court-set terms and conditions during this period
- Fine — The fine the court could require you to pay for a third-time DUI conviction can be significant. Depending on the facts of your unique case, the court could ask you to pay a fine of up to $3,000
- Complete a DUI class — The court will require you to complete a 30-month DUI education program after a third-time DUI conviction at your own cost
- Compulsory installation of an IID in your car — The court could allow you to continue driving after suspension of your DL when you install an IID in all your vehicles. An IID is a gadget that stops your vehicle from starting when it detects alcohol in your breath vapor
- Vehicle impoundment — Sometimes, the judge could also order the police to impound your car after a third-time DUI conviction
Aggravating Factors That Could Make Your Potential Sentence for a Third-Time DUI Conviction Harsher
While a standard third-time DUI is typically a misdemeanor offense, if your case has certain aggravating factors, the prosecutor could file felony charges against you. Below are common aggravating factors and circumstances that could make your sentence for a third-time DUI conviction harsher:
- You had a BAC of 0.15% or above — According to Vehicle Code (VC) 23578, the court can enhance your sentence for the DUI conviction if your BAC at the time of the arrest was at 0.15% or above
- You caused someone’s injury — If you caused an accident while drunk driving, leading to the death of another person, the prosecutor will file your charge as a felony under VC 23153
- You had a child under fourteen years in your vehicle — Having a child under 14 as a passenger in your vehicle counts as child endangerment under VC 23572. This offense will attract an additional sixty days in jail
- Reckless driving or excessive speed — If your speed before the arrest was exceeding the posted speed limit, your third-time DUI offense will become more serious, attracting a harsher sentence
- You refused to consent to a chemical test—VC 23612 allows the court to enhance your penalties for a DUI conviction if you willfully refused to take a chemical blood or urine test to check your blood alcohol concentration (BAC) level.
A seasoned criminal defense attorney knows how these aggravating factors could affect the outcome of your third-time DUI case. If you are under arrest or have a pending third-time DUI case, a skilled attorney can help you prepare defense arguments to challenge the allegations at every stage of the prosecution process.
Other Long-Term Consequences of a Third-time DUI Conviction
In addition to the above-described legal penalties, a third-time DUI conviction can attract other collateral consequences, which can affect several aspects of your life, such as:
- Financial consequences — A conviction for this offense can significantly increase your insurance premiums and your interest rates on loans
- Career consequences — You could find it challenging to secure reliable employment because many employers nowadays consider criminal records when evaluating your suitability for a position. If you have a practice license, your licensing agency could also revoke your license after a third-time DUI conviction
- Immigration consequences — If you are an alien, you could be at risk of deportation after a conviction for a DUI offense, which could significantly affect your plans and relationships
- Academic consequences — Certain institutions could be reluctant to admit you if you have a third-time DUI on your record. Also, if you are already enrolled in a school, a conviction for this offense could attract disciplinary action. Depending on the facts of your unique case and your disciplinary record, you could face expulsion
When you are arrested as a suspect in a DUI case, you should consult with an experienced attorney. With the legal assistance of an attorney, you can challenge the charges to secure a dismissal of the charges or a lighter sentence to avoid or reduce these collateral consequences.
Steps to Take After an Arrest for a Third-time DUI Offense
Understanding what to do after an arrest as a suspect in a third-time DUI offense could go a long way when preparing legal defenses to challenge the violation. Below are key steps to take following an arrest as a suspect in a third-time DUI case:
- Write Down What You Can Remember When the Arrest Occured
To help your lawyer create stronger defense arguments, you should jot down everything you can recall about the arrest as you prepare to challenge the DUI charges.
- Request a DMV Hearing
As mentioned in the previous paragraph, you have up to ten days to request a DMV hearing after receiving a notice of suspension from the arresting officer. Failure to do so, and the DMV will automatically suspend your DL after 30 days of receiving the pink document.
- Avoid Posting About the DUI Arrest on Social Media
In this day and age of smartphones and technology, you should avoid posting about any criminal allegations, including a DUI. The information you post on social media or disclose to any other person could be misinterpreted and used against you in court, leading to an unfavorable outcome.
- Avoid a Re-Arrest
As part of the requirements for a pretrial release on bail, you should avoid a re-arrest. If you are out on bail and are arrested, the court could revoke your bail.
- Hire a Skilled Criminal Defense Attorney
While the court can appoint a public defender during your arraignment to offer you legal representation on the case, having your personal attorney is a wise idea. In addition to being your legal counsel, the attorney you will hire will help you investigate your case and prepare legal defenses to challenge the third-time DUI offense.
Legal Defenses to a Third-time DUI Offense
The best way to avoid the legal repercussions of a third-time DUI is to convince the court to dismiss or reduce your charges. After investigating your case, your attorney will present the legal defenses that will work in your favor to secure a positive outcome. Here are examples of defenses your attorney could present at trial to challenge the alleged third-time DUI offense:
Your Traffic Stop Was Illegal
A police officer needs reasonable suspicion to stop your vehicle for a quick DUI investigation. For example, swerving on the road or having a broken taillight could give the police a reason to believe you are drunk driving and ask you to pull over for a DUI investigation.
If your attorney can provide evidence to prove your initial stop was illegal because the arresting officer lacked reasonable suspicion, the court could dismiss or reduce your third-time DUI charge.
Your Breathalyzer Test Results are Inaccurate
Your breathalyzer test results are another crucial piece of evidence that the prosecution team relies on to prove you were impaired and incapable of driving a vehicle like a cautious person. If your attorney can prove the breathalyzer test results were inaccurate because the gadget is faulty, the court could dismiss or reduce your third-time DUI charges.
Your Field Sobriety Test (FSTs) Results are Inaccurate
Like a breathalyzer test, FSTs results are also prone to errors due to various factors, such as:
- A medical condition you have
- The lighting when you were performing the tests
- The type of shoes and clothes you were wearing
- The level of the ground
If you performed poorly in FSTs, your attorney can attribute the cause to innocent reasons like a medical condition or injury to the leg to secure a favorable outcome.
The Officers Violated Title 17 Rules
The arresting officers must follow the Title 17 principles when taking and storing your blood or urine samples. Your attorney can challenge the third-time DUI offense by arguing that the officers violated the Title 17 rules, leading to contamination of your samples. If this legal defense works to your advantage, the court will dismiss or reduce your charges.
The Arresting Officer Violated Your Constitutional Rights
If the arresting officer searched your vehicle without a warrant or failed to inform you of your constitutional rights, including the right to an attorney, the court could consider that police misconduct. In that case, the judge could decide to dismiss or reduce your charges.
You Were Not Driving
Recall that to be guilty of a DUI offense, you have to be driving. If your attorney can prove that the car you were in when the officer arrested you was parked, the court could dismiss or reduce your third-time DUI offense to a lighter charge.
The Prosecutor’s Evidence Against You is Insufficient
Without adequate evidence to prove all elements of the crime beyond a reasonable doubt, the prosecutor cannot secure a conviction against you. If your attorney can provide evidence that can weaken the prosecutor’s case against you, you could win the case or secure a lighter sentence.
Since every DUI case is unique, your attorney will know which of these legal defenses will work to your advantage to secure a desirable outcome.
How to Secure an Expungement of Your Criminal Record After a Third-time DUI Conviction
As mentioned in the previous sentence, a third-time DUI conviction could attract long-term consequences that could affect the quality of your life. However, you could avoid these collateral consequences for a fresh start by securing an expungement of your criminal record under Penal Code 1203.4.
To qualify for an expungement under this statute, you must meet certain strict criteria. For example, you must:
- First, complete your misdemeanor probation
- Not be charged with or serving a sentence or probation for another criminal charge
You might be ineligible for an expungement if your third-time offense was aggravated, resulting in a state prison detention. In that case, you should consult with your attorney to explore other post-conviction relief options that can help you avoid the detrimental consequences of having a third-time DUI conviction on your record, such as:
- The governor’s pardon
- Certificate of Rehabilitation
Here is a step-by-step guide to filing for expungement after a third DUI offense. DUI conviction:
- Fill the required forms — Your attorney understands the forms you need to prepare for expungement, and he/she can access the forms from the courthouse
- File your expungement petition — After filling out the forms and ensuring they are accurate, your attorney will help you file your PC 1203.4 petition with the court where your third-time DUI conviction occurred
- Attend the expungement hearing — The judge will review your expungement petition and decide whether you deserve the post-conviction relief or not. The judge is more likely to grant you the expungement if you are more likely to retain a job and have completed community service
If the judge denies your PC 1203.4 petition, your attorney can help you find out the reason and re-file the petition.
Find a Credible DUI Attorney Near Me
The penalties for a third-time DUI offense can be life-changing, but a conviction is not automatic. With the assistance of a seasoned attorney, you convince the judge or jury to dismiss or reduce your charges. At Leah Lega Criminal Defense Attorney, we can intervene to provide persistent, results-oriented legal representation if you or a loved one is under investigation or in legal custody for a third-time DUI charge.
Call us at 213-444-7818 to schedule your first consultation with our reputable DUI attorneys wherever you are in Los Angeles.
