What to Do When You Face a 3rd DUI in California
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What Happens When You Get a 3rd DUI in California?
Being arrested for drunk driving is not fun. It isn’t an experience that a person ever feels prepared for. The situation is inherently dire if you have already been convicted of a DUI, but knowing what to expect could be considered an advantage.
Surprisingly, a third DUI conviction is still a misdemeanor under California law. It is the third violation of the same offense, which makes you a habitual traffic offender. That means the consequences are going to be severe. The penalties are steeper than those for a 2nd DUI, so it’s essential that you consult with an attorney immediately if you’re arrested for one.
A skilled attorney from a reputable law firm like Rebecca Feigelson Law may be able to provide the necessary information and advice to assist you with your case.
What is a 3rd DUI in California License Suspension?
A 3rd DUI stands for “third” or “third or subsequent” DUI. A 3rd DUI is a misdemeanor under California law and will receive a three-year license revocation. Developing a solid attorney-client relationship with a local office can provide insight into California’s DUI laws as you navigate all of your DUI offenses.
What Is the Punishment for a 3rd DUI in California?
California has strict DUI laws that apply when you have a BAC of 0.08% or higher. A person can also receive DUI charges for being under the influence of drugs, prescription, or over-the-counter medication. It means they have consumed substances in a sufficient quantity to impair their driving ability.
In addition to a three-year license suspension, a third DUI in California receives any combination of the following punishments.
Probation for three to five years
Fines of $2,500 to $3,000
DUI School for 30 months
Mandatory jail time of 120 days to 1 year
Ignition interlock device
Seeking a DUI lawyer who offers a free consultation can be the first step in fighting a DUI arrest. Criminal defense lawyers with experience fighting DUI charges may be able to help you avoid some of the harsher penalties, like the mandatory jail sentence.
What Is the Punishment for a 3rd DUI in California After 10 Years?
After ten years, the punishment for 3rd DUI in California will depend on various factors. These factors include the driver’s driving history, the severity of the current DUI offense, and whether or not there were any aggravating circumstances surrounding the incident.
Generally, a 3rd DUI offense will result in a minimum sentence of 6 months up to 1 year in county jail. The more serious offenses may result in 2-3 years or more. In addition to jail time, drivers may also be required to install an ignition interlock device as part of their sentence.
What Is the Punishment for a 3rd DUI in California While on Probation?
Punishment consists of a minimum of three years in jail and a maximum of ten years in state prison.
Is Jail Time Mandatory for a 3rd DUI in California?
In California, the law is that jail time is mandatory for a 3RD DUI. The law states that a person convicted of DUI must serve a minimum of 96 hours in jail for the first conviction, 120 days for the second conviction, and 240 days for the third conviction.
How Can You Avoid Jail Time for a 3rd DUI in California?
The first step to avoiding jail time is to avoid driving drunk. Plus, you can attend DUI programs bay area. That may have been a stipulation imposed by the court for prior DUI convictions.
Here are some other steps that you can take:
1. Contact an attorney.
2. Do not plead guilty without consulting an attorney first.
3. Get a second breathalyzer test.
Getting an initial breathalyzer at the police station or other approved location is a good idea before your arrest. Get another one after you are arrested to show that your blood alcohol content has not changed significantly and is below the legal limit of 0.08%.
In California, the law requires drivers arrested for driving under the influence (DUI) must undergo a breathalyzer test. The penalties for refusing a third DUI breathalyzer test may include a one-year suspension of your driver’s license, jail time, and fines.
How Can You Beat a 3rd DUI in California?
California DUI-third offenders may avoid jail time by performing public work, completing a live-in drug treatment program, a work-furlough program, or being under house arrest.
To beat a DUI-3rd charge, you can try to get the case reduced to a lesser offense or dismissed entirely. Common DUI defenses include:
- Lack of probable cause for the traffic stop
- Field sobriety tests were incorrectly administered
- Breathalyzer was defective
- Inaccurate breathalyzer results due to acid reflux or dental work
- Contaminated blood test
An experienced DUI attorney may be able to negotiate a reduction of charges to “wet reckless” or another traffic offense.
When you need to beat a third DUI offense in California, you may feel more comfortable with the assistance of an experienced DUI attorney. Learn more About Rebecca Feigelson Law and consider contacting her for a free consultation.
Can a Skilled Lawyer Help You With a Third DUI?
A skilled lawyer will be able to provide you with a shot at an optimal outcome for your case. If you have been charged with a third DUI, finding a skilled lawyer who can help you through this challenging time in your life is a good idea.
Consider contacting an experienced attorney from a local law firm like Rebecca Feigelson Law for an initial consultation.
What Are 3rd DUI Procedures in California?
The law in California is tough on drunk drivers. You will be charged with a DUI if your blood alcohol content is over 0.08%. If you are driving under the influence of drugs, the legal limit is 0.01%. If you refuse to take a chemical test, that can result in an automatic one-year suspension of your driver’s license.
There are also consequences for refusing to take a chemical test. The first consequence is that your driver’s license will be suspended for one year from the date of the refusal or until you meet certain conditions specified by the court and/or the Department of Motor Vehicles (DMV). The second consequence is that your vehicle may be impounded for 30 days or until a licensed tow company releases it.