Call Now 323-464-6700 for a Free Consultation

What to Do and What to Expect When You Get Third Time DUI

Unfortunately, despite being the leading cause of road-related accidents, driving under the influence (DUI) offenses are still common. That is why judges and prosecutors have become harsh and strict when dealing with DUI cases, especially if the alleged suspect is a repeat offender.

If you have a pending third-time DUI charge, you need to understand what to expect as you confront the legal justice system because the penalties you will likely face upon conviction will be harsh. DUI offense is a priorable offense, and the penalties you could face will increase depending on the number of DUI convictions you have on your record.

In addition to the standard legal consequences you could face for a third DUI, the punishment you will receive from the Department of Motor Vehicle (DMV) will be stricter than your previous DUI convictions. This article focuses on a third-time DUI and what to expect upon an arrest and conviction for this offense.

Quick Facts About a Third-Time DUI

According to Vehicle Code (VC) 23546, you will face increased or enhanced penalties if you are guilty of a DUI offense within ten (10) years after receiving two separate convictions for any DUI offense. In other words, a DUI offense with two prior DUI convictions in the last ten (10) years will be chargeable and punishable as a third-time DUI.

For the sake of this law, multiple or prior DUI offenses the prosecutor will consider before filing the DUI charge as a third-time DUI include:

  • Drunk driving under VC 23152
  • Injury DUI under VC 23153
  • Drug driving under VC 23152(f)
  • Driving under the combined influence of drugs and alcohol under VC 23152(g)
  • Commercial vehicle DUI under VC 23152(d)
  • Wet reckless under VC 23103.5
  • Uber DUI under VC 23152(e)

What to Do If You Are Under Arrest or Investigation for an Alleged Third-Time DUI

If you are under investigation or arrest as a suspect in a third-time DUI offense, remember that what you do or say could negatively or positively influence the alleged charge outcome. Here is what to remember during an investigation or after an arrest for an alleged third-time DUI offense:

Staying Silent is Not a Crime

Although the arresting officers will make it look like you should answer their questions, you are under no legal obligation to do so, and what you decide to disclose to them could affect your case's verdict. Therefore, it would be in your best interest to remain silent during the police questioning and investigation to avoid mistakenly disclosing incriminating information to them.

You Have a Constitutional Right to Hire an Attorney

Due to the severity of the penalties you are likely to face, you would not want to face the legal justice system without a reliable attorney if you are under arrest or have a pending third-time DUI case.

Hiring an attorney could increase your chance of obtaining the best possible outcome on the alleged third-time DUI charge. Below are top-notch factors to consider when seeking the services of a reliable DUI attorney for your unique case:

  • The attorney's qualifications and experience
  • The attorney's credibility and reputation
  • The attorney's courteousness and friendliness
  • The attorney's communication skills
  • The attorney's licensing credentials
  • The attorney's cost of services
  • The attorney's work schedule and accessibility

The Prosecutor's Burden of Proof on the Alleged Third-Time DUI Offense

Even if it is your third-time DUI offense, it is still a violation of VC 23152, which states that it is unlawful for any person to drive or operate a vehicle while under the influence of drugs or alcohol. To that end, the facts the prosecutor must prove for a conviction for the alleged third-time DUI are similar to the ones he/she would prove for a first-time DUI offense.

Specifically, the prosecutor presiding over your case must provide proper clear evidence to prove the following facts for a conviction for the alleged third-time DUI offense under VC 23152:

  • You were driving while impaired
  • Your blood alcohol concentration (BAC) was 0.08 percent or above
  • It is your third-time offense within ten (10) years after your last DUI conviction

Penalties for a Third-Time DUI Offense Conviction

If the prosecutor can prove the above facts beyond a reasonable doubt, the court will convict you of the alleged third-time DUI offense. After that, the judge will hold a sentencing hearing to craft an appropriate sentence for your unique case. Even after the alleged charge conviction, you will need your attorney's legal assistance during this hearing for the best possible results.

Your DUI attorney can provide mitigating defense arguments and evidence to convince the court you deserve the minimum sentence possible. Listed below are the penalties you should anticipate upon a conviction for a third-time DUI charge:

  • A jail term of between 120 days to one (1) year
  • A fine ranging between $2,500 and $3,000
  • Enroll in a 30-months DUI treatment program
  • Misdemeanor probation for three (3) to five (5) years
  • Driver's license revocation for up to three (3) years
  • Install an IID (ignition interlock device) in your vehicle for not more than two (2) years

Above are the standard penalties you could face for a third-time DUI conviction. However, you should expect heftier legal punishment for the alleged charge conviction if your unique case has aggravating circumstances or factors such as:

  • You did damage another person's property, for example, a vehicle
  • You did cause a bodily injury or death of another person
  • You did refuse the mandatory BAC chemical test after your arrest
  • Your BAC was at 0.15% or above
  • You had a passenger or child aged below fourteen (14) years in your car at the time of your arrest
  • You were 21 years or below at the time of your arrest

It is worth noting that each of these aggravating factors will influence your potential sentence for the alleged third-time DUI offense differently. You will rely on your attorney's legal representation and experience in the legal justice system to obtain the best desirable outcome on the alleged charge.

Misdemeanor Probation Conditions for a Third-Time DUI Conviction

Depending on your case's facts and your attorney's mitigating arguments, the court could give you a misdemeanor probation instead of jail time. However, you must be ready to comply with particular strict conditions and restrictions for the maximum time required by the court. Some of these conditions include:

  • Installing an IID in your vehicle
  • Do not drink alcohol or drive with any calculable amount of alcohol in your blood system
  • Reporting to the court-appointed probation officer regularly (at least once a month)
  • Performing community service
  • Consenting to random drug testing
  • Seeking employment
  • Paying the necessary court fees or fines
  • Paying restitution to the victims or injured people if you caused an accident

Failure to abide by these conditions will make the judge revoke your probation and issue an arrest warrant, authorizing police officers to arrest you. Once the judge revokes your misdemeanor probation, you will go to jail for the maximum time required for your charge conviction.

Therefore, it would be in your best interest to comply with these conditions as required because spending your sentence behind bars could negatively affect your reputation.

What to Expect from the DMV After an Arrest for the Alleged Third-Time DUI

After an arrest for any alleged DUI offense, the officer will confiscate your license and hand you a pink temporary license which is valid for not more than 30 days. After this period, the DMV will automatically suspend your driver's license (DL), even if you have not received a judgment for the DUI charge.

To avoid the automatic suspension of your DL by the DMV, you must request an administrative hearing within ten days of your arrest to prove you deserve your driving privileges before your case's judgment. Once you request the hearing, the DMV will delay the suspension until the DUI case judgment by the court.

Although the DMV hearing is informal, you have a right to retain the services of an attorney to increase your chances of obtaining the best possible outcome. Depending on your attorney's mitigative arguments and evidence presented during this hearing, the DMV could decide to:

  • Suspend your DL for up to three (3) years
  • Reverse the suspension of your DL

How Your Attorney Can Challenge the Third-Time DUI Charge

Even if the evidence the prosecutor has against you seems overwhelming, a reliable attorney could intelligently challenge his/her case for the best attainable outcome. Below are some of the defenses that could work to your advantage to challenge the third-time DUI offense to avoid conviction or obtain a lighter charge:

     I. The BAC Testing Equipment Used Were Faulty or Defective

It is not uncommon or unusual for the BAC testing equipment used by arresting officers before and after a DUI arrest to give false results due to an underlying defect or contamination. Your defense attorney could persuasively argue that positive BAC results registered by the breathalyzer after your stop at the DUI checkpoint were inaccurate because the device used was faulty.

Lawmakers understand that false results are possible and inevitable if the BAC testing equipment is not well-maintained and sterilized. If your attorney can prove this defense argument beyond a reasonable doubt, the court will have no choice but to drop or reduce the DUI charge.

     II. A Medical Problem Led to the Positive or False BAC Results Obtained by the Officers

If you have an underlying medical condition like diabetes, gastroesophageal reflux disease (GERD), or perhaps acid reflux, the BAC testing equipment could register false results. In that case, it could seem like you were impaired driving, even if you did not consume any alcoholic beverage.

If your attorney can provide evidence to prove this defense argument, for example, medical test results, the court could dismiss the alleged third-time DUI charge.

     III. The Arresting Officer Lacked Probable Cause to Arrest You

For a lawful arrest for the alleged DUI offense, the police must have probable cause to believe you were impaired driving. For instance, the presence of alcohol cans or bottles in your car's backseat could give the officer probable cause to believe you were drunk driving.

If your attorney can raise doubt about the legality of your arrest, the judge could have a valid reason to dismiss or reduce the alleged charge.

     IV. Your Car Was Not Moving

For a conviction for any DUI offense, the prosecutor bears the burden to prove with clear evidence that you were driving, meaning your car was moving. Therefore, seating or resting in the driver's seat of your parked car does not mean you are driving. In that case, you should not be guilty of the alleged DUI charge.

Other applicable defenses your defense attorney could use to weaken the prosecutor’s case against you include:

  • The arresting officers did not have a reasonable suspicion to point or select your car to pull over for a DUI investigation
  • The arresting officers did not administer the standard field sobriety tests correctly as required
  • The blood test results were inaccurate due to contamination of your blood samples
  • You had a rising BAC

Generally speaking, there are several defenses an experienced attorney could use to challenge the alleged third-time DUI charge. The specific defenses your attorney will craft for the alleged DUI charge will depend on your unique case's circumstances and facts.

Bottom Line

In addition to the above penalties, a conviction for any criminal offense, including a DUI charge, could carry collateral consequences which could follow you for the rest of your life. Hence, educating yourself on what to expect after a third-time DUI charge or conviction is undoubtedly a brilliant decision because no one knows what the future holds.

Understanding how prosecutors and judges treat a third-time DUI can increase your chance of fighting the charge in case of an arrest for an alleged VC 23152 violation in the future.

Find a Reliable DUI Attorney Near Me

We invite you to call seasoned DUI attorneys at Jonathan Franklin DUI Attorney at 323-464-6700 if you or a loved one is in trouble with the law for an alleged third-time DUI offense in Los Angeles. We are available to serve our clients.

Board of Governors,

America's Top-Ranked Law School For Trial Advocacy

Stetson University DUI Program

Contact Information

Jonathan Franklin DUI Attorney
6777 Hollywood Blvd Ste 508
Los Angeles, CA 90028
323-464-6700