The threat of a third DUI offense in California is a grave and intimidating reality. Too much is at stake, and the outcome can have a devastating impact on your future. You could face felony charges, mandatory jail time, steep fines, an extended license suspension, and an ignition interlock device installation.
The legal system is neither easy nor forgiving, and the punishment for a third offense is designed to serve as a deterrent. Prosecutors will pursue a conviction aggressively, and the possibility of a lengthy jail sentence is very real.
If you or a loved one faces this difficult situation, you need a legal team that understands the seriousness of the charges and is experienced in navigating California’s complex DUI laws. CCLG: Los Angeles Criminal Attorneys are ready to help. Call us today for a free consultation with our experienced DUI defense lawyers.
California 10-Year DUI Lookback Period
California’s 10-year lookback period governs how prior DUI offenses are counted toward a third offense. This principle means that prior DUI or related convictions within the past 10 years will be counted against you, increasing penalties for subsequent offenses. Under California law, any DUI conviction within 10 years is considered a “priorable” offense, meaning penalties increase with each subsequent conviction. Even if your last two convictions were years ago, a new DUI within the 10-year lookback period will count as a third offense.
A standard DUI conviction is not the only offense that counts as priorable under California Vehicle Code §23152. It also contains a wet reckless conviction (Vehicle Code section 23103.5), a plea bargain to a lesser offense of reckless driving, which is noted as involving alcohol.
Although you may not have been convicted of full DUI, a wet reckless will be classified as a prior offense. Furthermore, out-of-state convictions equivalent to a California DUI will also count against you during the 10-year period. The offense’s date, not the conviction, determines whether it falls within the lookback period.
What the Prosecution Has to Prove to Convict You
The prosecution must prove three essential elements beyond a reasonable doubt to secure a third DUI conviction. Beyond a reasonable doubt is the highest standard of proof in the legal system. The district attorney bears the entire burden of proof. He/she must demonstrate the following as true:
- You Were Operating a Motor Vehicle
The first element that the prosecution must prove is that you were in physical control of the vehicle. This does not necessarily mean that the car has to be in motion. Circumstantial evidence that the prosecutor can use to prove this includes:
- Your location in the car, specifically, in the driver’s seat
- The location of the car keys, for example, inside the ignition or on your person
- Whether it was a running engine or a warm engine
- Witnesses or police observations
Assuming you were found sleeping in a parked car, with the keys in your pocket, the prosecutor would claim that you could have driven, but your defense attorney could argue that you were merely sleeping off and not driving.
- You Were Under the Influence
The prosecution should prove that you were either intoxicated by alcohol and/or drugs when you were driving. They may fulfil this aspect in either of the following ways:
- Per se DUI (CVC 23152(b) — It is the most usual method of proving impairment. The prosecutor should demonstrate that you had a blood alcohol concentration (BAC) of 0.08% (or more) when you were behind the wheel. It is a strict liability crime. You may have seemed to be driving safely, but it does not matter because you were over the legal limit of BAC. A breath, blood, or urine test typically proves this.
- Impairment DUI (CVC 23152(a) — The prosecutor has to show that, under the influence of alcohol or drugs, your mental or physical faculties were impaired to an extent that you could not drive with the care of a sober person. It is usually established by the arresting officer’s testimony of how you were driving erratically, your performance in field sobriety tests, and the physical appearance of intoxication, like slurred speech or red eyes. This is the kind of charge that is used even with a BAC that is lower than 0.08.
- The Two Previous Convictions are Valid and “Priorable”
This is one of the main battlefields in a third DUI case. The prosecutor should give certified court records, demonstrating that within the 10-year look-back period, you have two constitutionally valid convictions of priorable offenses.
A defense attorney can challenge the validity of these priors on various grounds, for example, if due process in the underlying cases was followed, like the failure to have an attorney or the ineffectiveness of a plea.
If the conviction was overturned and overruled in the past, then the current offense can be downgraded to a second DUI, which is much less severe. This often becomes a key tactic in avoiding harsh repercussions of a third offense.
Penalties for a Misdemeanor 3rd DUI in California
The third DUI conviction is usually a misdemeanor, but the impacts are much more severe than those presented in a first or second offense. They are designed to punish repeat offenders and prevent community harm. A third DUI conviction can result in a cumulative cost of more than $15,000, including fines and fees, among other compulsory expenses.
Let us look at each consequence:
- Compulsory Time in Jail and Probation
A third DUI conviction carries a mandatory imprisonment of 120 days in county jail, with a potential sentence of up to one year. Unlike a first-time offense, there is much less discretion by the judges to waive this jail time, although in a few situations other options exist, such as:
- House arrest
- Work furlough
- A live-in rehabilitation program
A conviction also results in a lengthy formal and supervised probation, usually three to five years. In this period, there are strict conditions that you have to follow, including avoiding driving with any traceable content of alcohol and avoiding committing any other crime. One violation may result in a probation revocation and an imposed jail period.
- IID and Driver’s License Revocation
The most obvious and immediate effect must be the three-year loss of your driving license. This suspension is separate from any administrative action of the DMV and is directly related to the criminal conviction. However, according to California laws, you can obtain a restricted license after a specific duration, provided you are willing to install an Ignition Interlock device (IID) in your car for at least two years.
The mini breathalyzer, called the IID, does not allow your vehicle to start when it detects alcohol on your breath. This equipment is costly and has ongoing costs, and is a constant reminder of your conviction.
- DUI School and Economic Liabilities
Third DUI offense involves attendance of a mandatory 18 or 30 months DUI school or the SB-38 program. This comprehensive program involves education classes, group sessions, and individual counseling. This program in itself can be quite expensive.
On top of this, you will have to pay hefty fines and penalty evaluations, which can easily reach several thousand dollars, with an estimated overall cost of a third DUI hitting above $15,000. This involves court charges, probation charges, and charges of DUI program, IID installation, and monitoring.
- Status of Habitual Traffic Offender
A third DUI conviction over the 10-year lookback period will most likely lead to the DMV declaring you a Habitual Traffic Offender (HTO) for three years. There are some consequences attached to this designation. Being treated as an HTO, any subsequent traffic violation, even a minor one like a speeding ticket, will be handled much more severely, which may result in heavier fines, such as:
- A lengthy license suspension
- More time behind bars
This status is a legal indication that you are considered a high-risk driver, and any future legal or administrative problems are far more challenging to resolve.
When a 3rd DUI Becomes a Felony (CVC 23153)
Although the third DUI in California is a misdemeanor, in some situations, it may be a felony. Legally, this offense is referred to as a wobbler offense, that is, the prosecutor is at liberty to either prosecute as a misdemeanor or a felony based on the case’s specifics. Filing a felony is not an easy decision and is usually applied to cases with aggravating factors proving a higher disregard for the public’s safety.
The common aggravating factors include:
Causal Injury
The most frequent case when the third offense of DUI is considered a felony is when the drunken driving resulted in the harm of another individual. California Vehicle Code (CVC)23153 states that it is a crime to drive under the influence of alcohol or drugs. In the process, to perform an unlawful act or fail to perform a duty that results in a bodily injury to another person. The point to keep in mind is that this does not need to be a serious and potentially fatal form of injury to trigger the felony charge. Any bodily injury will suffice.
The evidence presented by the accident, which the prosecution will show to establish that your actions relating to your DUI were the proximate cause of the injuries to the victim, will include:
- Police reports
- Witness statements
- Medical records
Felony Consequences
The effects of being convicted of a felony DUI are a considerable escalation of those of being convicted of a misdemeanor and can forever change your life. You may be sent to a state prison instead of the county jail. A sentence may last longer, and you could face a consecutive jail term if a victim suffered great bodily injury.
Moreover, a great bodily injury felony DUI results in a strike on your record per California’s Three Strikes Law. This means that a second felony conviction would double the sentence, and the third conviction would result in a sentence of 25 years to life imprisonment. A felony conviction also means a lifelong loss of civil rights, including the right to own or possess a gun. It may also mean the inability to be gainfully employed or find a home in the future.
The distinction between a misdemeanor and a felony in a DUI case is not just a matter of punishment. It is the difference between a temporary setback and a permanent change to your legal status.
The DMV’s Response to a 3rd-DUI Offense
An arrest due to DUI initiates two processes:
- The court process
- The California Department of Motor Vehicles (DMV) hearing
This is a critical difference because the DMV activities regarding the suspension of your driver’s license have nothing to do with criminal cases. Even if your criminal case is dismissed, the DMV can still take action to suspend or revoke your license.
A third DUI arrest will result in DMV imposing a three-year license suspension. 10 days from the date of your arrest, you have to contact the DMV and seek an administrative per se (APS) hearing to appeal this action. Otherwise, you will automatically lose your license 30 days after arrest, regardless of whether you win your court case.
It is difficult to win a DMV hearing in a third DUI offense, and the standard of proving the case is far lower compared to a criminal court. All the hearing officer has to do is find that, based on a preponderance of the evidence, you were legitimately arrested, and that you had a blood alcohol concentration (BAC) of 0.08%or higher.
If you lose the hearing or fail to request one, your license will be revoked. Restoring your driving privilege could be lengthy and will involve satisfying several mandatory conditions. To obtain a restricted license, you must first serve a specific portion of the revocation period, after which:
- Give evidence of attendance at an 18- or 30-month DUI program
- Complete SR-22 with DMV, which is a certificate of monetary responsibility. It is a special policy, a high-risk policy that will raise your premiums drastically
- Install an Ignition Interlock device (IID) in your vehicle for at least two years. One of the requirements is installing an IID, which must be maintained and calibrated regularly at your expense.
- Pay all applicable DMV reissue fees
This task is difficult and needs detailed consideration to satisfy all the requirements to reclaim your driving license.
Building Your Defense to Challenge the 3rd-DUI Charges
The legal burden of the third DUI is enormous, but it does not mean that this case cannot be won. There are numerous strategies your defense attorney can use to either have the charges dismissed, have a good plea bargain, or have the charge against you classified as a minor offense. The action starts with carefully analyzing your case’s details, starting with the traffic stop and moving to the evidence processing.
Core DUI Defenses Still Apply
Most basic defenses that apply in a first or second DUI become even more critical regarding the third offense. The following areas are the main points that a professional attorney will investigate to find any breach of your rights or errors in the procedure:
- Illegal traffic stop — A police officer should have reasonable suspicion to pull you over based on a belief that a crime has occurred or that the traffic violation has been committed. Suppose the stop was founded on an unprovoked hunch or an erroneous observation. In that case, your attorney can request that all the evidence acquired at this point, including the results of breathalyzer, be suppressed. This can lead to a case dismissal.
- Administration of Field Sobriety Tests (FSTs) — Field sobriety tests (FSTs) have a long history of being unreliable and subject to the officer’s interpretation. A lawyer can challenge their validity by stating that you might have been ill, tired, or even had the wrong type of shoes on, which might have influenced your performance.
- Inaccurate breathalyzer or blood test procedures — The accuracy of these chemical tests is not guaranteed and may be invalidated by various factors, like malfunctioning equipment, poor calibration, or sample collection or handling errors. Your attorney will investigate Title 17 violations carefully. Title 17 guidelines are the legal provisions that govern the DUI chemical testing in California. These clauses describe the rigorous procedures to be followed by law enforcement and lab technicians to ensure a test’s integrity. Any non-adherence to these rules may make the test results inadmissible in court, resulting in a decrease or dismissal of the charges against you.
These involve the violation of inappropriate calibration of the breathalyzer device, failure to observe you for over 15 minutes before the test, or a lapse in the chain of custody concerning a blood sample. Any of these inaccuracies may cast doubt on the test results’ validity.
Challenging the Prior Convictions
In a third DUI, the strongest defense case is usually a Motion to Strike a Prior. The case presented by the prosecutor of the third offense depends on the ability to prove that your two previous convictions are lawful. Your lawyer can question the constitutionality of a previous conviction, arguing that your rights were violated during that earlier case.
For example, suppose you did not have an attorney to represent you and were not properly counseled about your rights before entering a guilty plea. In that case, the previous conviction can be held unconstitutional.
If the court approves the motion and dismisses one of your previous convictions, your present case would be reduced to a second DUI. It is a game-changing conclusion because it would remove the required 120-day jail penalty and other tougher punishments for committing a third offense. Although it is a complex strategy, it can be the difference between a life-altering felony conviction and a manageable misdemeanor.
Lifelong Consequences of a Conviction for a 3rd-DUI Offense
A third DUI conviction extends its reach far beyond the courtroom, creating a long-term ripple effect that can severely impact your life. You suffer These hidden penalties long after completing your jail term and fines.
Employment and Professional Licenses
Even the conviction of your criminal record will likely appear on most background checks, particularly when it was a felony. It can also be a significant obstacle to work, especially in jobs involving driving, a high trust in the population, or the government. To most employers, a third DUI is an indication of bad judgment and a liability.
Furthermore, if you have a professional license, such as a doctor, lawyer, nurse, or teacher. They can impose a disciplinary action that might result in suspension and even the loss of your license.
International Travel and Auto Insurance
After a third DUI conviction, obtaining cheap auto insurance becomes a significant burden. Insurers will consider you a high-risk driver, and most will not insure you. Those that do will charge exorbitant premiums for years. You will be expected to have an SR-22 certificate, which is a commitment of your insurer that you have attained the state’s minimum liability requirements.
Moreover, once the third DUI conviction is registered, it may forever affect your international traveling. Many countries, including Canada, consider DUI a serious criminal offense, and this may cause you to become criminally inadmissible and face a permanent entry bar. There are legal procedures to seek special permission to enter, but it is a complex and expensive process that is not guaranteed to be successful.
Find a DUI Defense Lawyer Near Me
Third DUI is a criminal prosecution that is grave and has a series of life-changing implications. From mandatory jail time and lengthy license revocation to the threat of felony charges and permanent collateral damage to your career and future, the stakes have never been higher.
Navigating the complex legal landscape, challenging prior convictions, and fighting for your freedom requires a seasoned legal professional who understands the nuances of California’s DUI laws. Contact CCLG: Los Angeles Criminal Attorney at 323-922-3418 for a free consultation today. Our skilled DUI defense team will examine every detail of your case, identify possible defenses, and fight tirelessly to protect your rights.
