San Diego Third Offense DUI Lawyer
Each subsequent DUI arrest within 10 years in California puts you at risk for increasingly harsher penalties. If you face a third DUI offense, the prosecution will likely seek the harshest penalties against you, including mandatory jail time and massive fines.
The best way to fight back in these circumstances is to engage the services of a DUI defense lawyer with a strong track record of accomplishments in this field. At The Law Offices of G. Cole Casey, you can work with a top-rated attorney whose entire career has focused exclusively on California DUI and, more particularly, on those cases with challenging factors. These factors are those commonly subject to stiff penalties that can lead to career and job loss, financial distress, and other hardships.
We serve clients throughout San Diego County, Orange County, and Riverside County.
Schedule a free case evaluation with our San Diego third-offense DUI attorney by submitting your contact details online or calling (888) 412-6491.
Third Offense DUI Charges in California
Third-offense DUIs in California are still charged as misdemeanors, provided you did not cause an accident.
When you are charged with a third DUI, the court will enhance the penalties, such as mandatory jail time. You are not actually charged with a separate count for a third DUI. Instead, you will be charged with DUI under Vehicle Code 23152(a) & (b), and the prosecutor will allege you have two prior DUIs or reduced alcohol-related driving offenses within 10 years of your third DUI.
What the prosecutor must prove to convict you of a third offense DUI is identical to a first and second DUI, with one exception: the prosecutor must also prove you were convicted of two prior DUIs or alcohol-related driving offenses within 10 years.
If your priors are in California, then the prosecutor can obtain the abstract of judgment, which may prove the priors. But our experienced DUI lawyer may be able to challenge the validity of the priors if your case is handled properly.
Challenging Prior DUIs
Although the priors may be valid, strategies exist to challenge them. For example, the courts consider the 10-year period to run from the date you were convicted of the priors to the day you were arrested for the third DUI. The court can enhance the penalties if the priors are within the 10-year window.
If your priors are close to the 10-year mark, you need to speak to an exclusive DUI firm. A firm that focuses only on DUI defense, such as The Law Offices of G. Cole Casey, may be able to challenge the priors as being outside of the 10-year window.
Priors Outside of California
You can still be charged with a third DUI if your prior DUI convictions occurred outside of California. This also applies to convictions for reduced alcohol-related driving offenses in other states. However, our firm may be able to challenge these priors as well; you need to discuss the unique circumstances of your case with our attorney.
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Penalties for Third Offense DUI in California
The typical penalties for third-offense DUI convictions are as follows:
- Information probation for three to five years
- Jail time of 120 days up to a year
- Fines and assessments of $2,500 up to $5,000
- Completion of 30-month DUI school
- License suspension of three years (a restricted license with an ignition interlock device may be granted)
- Ignition interlock device installed in your vehicle for two years
Furthermore, your probation will include court-ordered restrictions and directions, such as never driving with any amount of alcohol in your system, submitting to a chemical test when under arrest for suspicion of DUI, and keeping a clean criminal record.
You may also be required to participate in a Victim Impact Panel, attend Alcoholics Anonymous or Narcotics Anonymous, and pay restitution to any victims harmed in an accident you caused.
Aggravating Factors in DUI
If your case involves any aggravating factors, such as your BAC (blood alcohol content) measuring 0.15 percent or higher, driving with a minor under 14, speeding, refusing a chemical test, causing an accident, or other factors, the court can impose stricter penalties. For example, you can lose your license for three years if you refuse to take a chemical test; this restriction does not allow you to obtain a restricted license during the suspension.
Work with a Results-Driven Client-Focused Attorney
Our firm generally limits our caseload to clients in the most difficult DUI cases. Attorney Casey believes in building close relationships with his clients, allowing him to better advocate for them in DMV hearings and criminal courts.
Our firm is here to provide superior representation based on our lengthy experience and exclusive focus on California DUI and the most intricate and demanding cases. We are known for our invaluable assistance in successfully resolving cases for those in the entertainment and professional sports industries, armed forces, law enforcement, judicial systems, Fortune 500 companies, and other professions.
Ready to discuss your case? Contact us at (888) 412-6491 today.
I was not drunk. Can I be charged with DUI for smoking marijuana or taking prescription medications?If you were arrested for DUI but didn’t have alcohol in your system, you can still be charged with DUI. There are a number different charges associated with misdemeanor and felony DUI. You can be charged with an (f) count if you consumed any intoxicating drugs, regardless of whether they are illegal or prescription. But, if you were under the influence of both alcohol and drugs, then you can be charged with an (e) count for driving under the influence of drugs and alcohol.
Aren’t the police supposed to read me my Miranda rights?It seems like common sense that an officer must read you your Miranda rights. Although this is true in a situation where you are being interrogated, for purposes of DUI, you don’t have that same right. Many times an officer will ask you questions prior to administering field sobriety tests and placing you under arrest. These questions have been classified as “pre-investigatory” questions and are not subject to Miranda. Therefore, it is important you speak with an experience DUI Defense Firm to know whether or not the failure to read you your rights will affect your case.
I was involved in an accident and someone was injured. Will I be charged with a Felony?Maybe. You can be charged with Felony DUI whenever anyone other than yourself is injured. Even if the injuries were to a friend and their injuries are minor, you can still be charged with a felony. Penalties for a Felony DUI can be severe because your can face time in prison.