3rd DUI Offense: What To Expect

In California, defendants who are facing their third charge for driving under the influence will encounter few chances and harsh penalties. A third offense DUI defendant is seen as especially dangerous by the courts and the resulting penalties are severe and have serious long-term consequences. If you have been charged with your third DUI offense in California, a qualified DUI criminal defense attorney can help defend your rights in court.

Is your 3rd DUI a misdemeanor or a felony?

DUI offenses in California are always misdemeanors unless one of the following is true, making it a felony.

  1. If the defendant caused an accident during which someone other than themselves was injured;
  2. If the defendant is charged with a fourth DUI in the next 10 years (known as the “lookback period”); or
  3. If any of the defendant’s prior DUI charges are a felony, the third DUI will automatically be charged as a felony as well.

Penalties for a 3rd DUI

Third offense DUI defendants in California will face both administrative and criminal penalties. Your driver’s license will be suspended for up to three years; however, if applicable, after one year you may be eligible for a restricted license to use in limited circumstances, such as driving to work.

The criminal penalties for a third DUI offense are severe. A defendant will face a minimum of 120 days in jail, with a possible maximum sentence of one year. Jail alternatives may be available: a DUI criminal defense lawyer may be able to negotiate for a shorter time in jail in exchange for a portion of your sentence served as community service, drug and alcohol rehab or house arrest. You will also incur a minimum fine of $390; the fine may be increased to as much as $1000. You will also serve a minimum probationary period of three years with a possible maximum of five years. The judge will also order you to complete an 18-month DUI course.

The standard criminal penalties can also be increased if there are certain factors present in your DUI case. These factors are known as “enhancements” and include:

  • The DUI caused an accident
  • Hit-and-run
  • There was a minor in the car at the time
  • The defendant was driving on a suspended license
  • The defendant refused to a chemical test
  • Alcohol content was 0.15 or higher
  • The defendant was also speeding

Any one of these factors can result in an additional charge and even harsher penalties.

What to do if you have been charged with your 3rd DUI offense in California

If you have been charged with your 3rd DUI offense in California, the severe administrative and criminal penalties associated with your crime make hiring an attorney extremely important. Contact a qualified DUI criminal defense lawyer as soon as possible to ensure that you receive the best legal defense.

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Those in Southern California can call the Law Offices of Randy Collins to obtain a free case evaluation. Call (888) 250-2865 today to speak with an experienced DUI attorney and get the answers you’re looking for.