Drunk driving is dangerous and against the law. In California, if you have a blood alcohol concentration (BAC) of 0.08% or more, you may face a driving under the influence (DUI) conviction. This could lead to serious consequences, including license suspension. What most people fail to understand is that a DUI offense may also affect their career opportunities and relationships with lenders.
Goss Law and our experienced DUI attorneys have been fighting greedy prosecutors to ensure the rights of defendants in Sacramento, California. If you're facing a DUI offense, contact us to discuss your case and learn more about your legal options. We can help advise on questions like what is the punishment for 2nd dui in California?
Is a Third DUI Conviction a Misdemeanor or Felony?
Under the criminal justice system, the punishment for any crime, whether it is drunk driving or petty theft, depends on the nature of the offense. The state legislation helps determine if a particular act is a felony or misdemeanor.
In California, a third DUI arrest is a misdemeanor as long as there are no injuries involved. However, it's essential to understand that the prosecutors will review prior DUI convictions and the facts surrounding the criminal case to determine penalties. This could mean harsher punishment for repeat offenders. For more information, the best DUI attorneys in Sacramento may be able to help.
What Is the Punishment for 3rd DUI in California?
A third DUI conviction within 10 years could lead to a wide range of penalties, from a mandatory jail sentence to hefty fines, probation, education programs, and more.
Depending on the facts surrounding the 3rd DUI offense, the accused could face the following:
Probation:Â A third DUI offense may lead to informal probation, which could last anywhere between three to five years.
Mandatory jail time: If convicted of a 3rd DUI, the offender may have to spend up to a year in county jail.
Fines: Depending on the nature of the offense and damages caused, the court may require the offender to pay hefty penalties, ranging between $2,500 to $3,000. Besides this, a 3rd DUI offender may also have to cover court fees, counseling costs, and other expenses from their own pocket.
Ignition interlock device: In some cases, the court may require the criminal defendant to use an ignition interlock device for up to two years.
Education:Â Alcohol or drug addiction can seriously impair one's life. As part of rehabilitation, the court may order the defendant to attend a 30-month DUI education program after their third DUI offense.
License suspension:Â Most third DUI convictions also result in a three-year license suspension to ensure the safety of other road users. However, after 18 months, the offender may be able to drive under certain restrictions.
Besides the abovementioned consequences, there are additional penalties that the defendant may face, including being labeled as a Habitual Traffic Offender (HTO). This could lead to harsher punishments for any subsequent traffic infractions within the next three years.
What Are the Factors That Can Affect Penalties for a Third DUI Offense?
Under California's DUI laws, the penalties for drunk driving or a third DUI offense can be harsher for the following aggravating circumstances:
A BAC of 0.15% or higher upon a DUI arrest
Failing to submit a chemical test upon a DUI arrest
Causing an accident due to drunk driving
Having minors in the car at the time of the DUI arrest
Being underage at the time of the DUI offense
Speeding prior to the DUI arrest
Can a Defendant Avoid Jail Time After Their Third DUI Conviction in California?
In California, jail time is mandatory following DUI offenses. Under the law, offenders must serve a minimum sentence of 96 hours, 120 days, and 240 days for their first, second, and third DUI convictions, respectively.
A defendant may be able to request a removal or reduction in the mandatory jail sentence after their third DUI conviction. This could be through a work release furlough, which is a state program that allows inmates to leave prison during the day for regular work. However, there are some eligibility requirements, including the following:
The request for work release furlough is made within 120 days of the scheduled release date.
The defendant has gained employment, requiring them to attend at least 35 work hours per week.
How Can a Defendant Avoid Jail Time After Their 3rd DUI Offense?
Although a defendant may be able to avoid jail time through a work release furlough, they may not always be eligible. Prior sex or arson crime convictions, history of forced escape or drug addiction, and previous violent crime offenses can adversely impact eligibility.
Instead of a jail sentence, defendants may spend that time at a rehabilitation facility. However, this option is only available to those offenders who have realized that they need to take responsibility for their actions. Showing remorse may convince the judge to order a lenient form of punishment.
The best way to avoid the mandatory jail sentence is to fight the charges. Depending on the facts surrounding the case, an experienced criminal defense attorney can use a wide range of legal defenses, some of which include the following:
A lack of reasonable suspicion to make the traffic stop
A lack of probable cause for a DUI arrest
Failure on behalf of the law enforcement officers to conduct standardized field sobriety tests correctly
The use of a defective breathalyzer device
A medical condition misconstrued as intoxication
Contaminated blood test samples
Failure on behalf of police officers to follow the standard procedures
It's important to understand that not all of the defenses are available to the defendant. An experienced DUI attorney can help assess the situation and keep previous DUI convictions in mind before creating a legal strategy according to the specifics of the case.
Can 3rd DUI Defendants Serve the Mandatory Jail Time at Their Own Homes?
Depending on the circumstances, the court may allow defendants to serve their jail sentence under house arrest. This is an arrangement where the 3rd DUI offender stays in their home during the entirety of the awarded jail time.
During house arrest, the defendant may be able to attend an education program or go to work. The court may also require them to wear a tracker, which means that the 3rd DUI offender will also have to cover the costs of this device.
A key thing to remember is that under the house arrest arrangement, police officers may have the right to search the defendant's home on random occasions to ensure that the convicted offender follows the terms of the jail release.
Is There a Punishment for a 3rd DUI in California After 10 Years?
Some people believe that a 3rd DUI in California after 10 years has similar consequences to committing a minor crime with a clean criminal record.
However, that is not always the case, as the penalties will depend on various factors, including the defendant's driving history, the severity of the third DUI offense, and any aggravating circumstances surrounding the incident.
Is There a Punishment for a 3rd DUI in California While on Probation?
Probation is a form of punishment that ensures a defendant remains in society while serving their sentence. It is a correctional treatment aimed at reshaping the personality of a criminal, reducing the risk of them committing crimes upon release.
A third DUI in California while on probation may lead to at least three years in jail or a maximum 10-year state prison sentence.
How Can a Skilled Criminal Defense Attorney Help with a Third DUI Offense?
DUI offenses can have a negative impact on one's life. From facing severe punishments under the law to employment discrimination due to prior DUI convictions, an offender may find it difficult to integrate back into society.
Fortunately, a skilled criminal defense attorney can help defendants in many ways, including the following:
Offer Legal Expertise
Fighting DUI charges in court requires expertise, legal know-how, and skills. A reputable criminal defense attorney can help build a solid defense strategy, combating the arguments made by prosecutors and increasing the chances of a case dismissal.
Negotiating Plea Deals
Depending on the circumstances, a skilled DUI attorney can work with prosecutors to negotiate a plea deal. This would mean reduced charges and lighter penalties for the defendant.
Questioning the Evidence
Law enforcement officers must adhere to strict protocols to make a DUI arrest or collect blood samples. An experienced DUI attorney can investigate the incident to find evidence that could raise questions about the adopted procedures.
Legal Representation
Since DUI charges can affect one's driving privileges, a skilled criminal defense lawyer can represent the defendant in DMV hearings. This legal action could help them retain their license.
Guidance
Navigating the criminal justice system without guidance is like heading into a maze blindfolded. It may be overwhelming and confusing.
An experienced DUI attorney can guide defendants by explaining the DUI charges, potential consequences, and the available legal options.
Work with Goss Law to Fight the DUI Charges and Have Your Rights Protected!
Don't let a DUI offense affect your personal and professional life. Seek legal help by working with Goss Law.
Call us to schedule a free consultation with our experienced criminal defense attorney to have the charges reduced or the case dismissed!
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