A third offense DUI, usually a misdemeanor, refers to an offense in which two previous cases of intoxicated or alcohol related offenses were present in the last ten-years.
According to the California Vehicle Code Section 23546, a third offense DUI is constituted by the violation of Section 23152 with two prior charges of alcohol related offenses, specified in Section 23103, and included within Section 23103.5, 23152, or 23153, or any mixture of the few that were eventually convictions.
A violator of Section 23152 will be classified as a habitual traffic offender for a three-year period, after he or she is convicted of the offence. The offender is to be advised of the penalty, as contingent of subdivision (b) of Section 13350.
For possible offenders, if you have previously been convicted of two alcohol-related driving incidents, and are presently being prosecuted for a third DUI, it is likely that you will be convicted of a Third Offense DUI. The court will increase the level of severity of your penalty, such as mandatory county jail assignment. It is important to note, however, that you are not going to be prosecuted for a separate count of a third DUI. Instead, you are to be charged for a DUI, i.e. Vehicle Code 23152(a) & (b).
The prosecutor, in order to convict you of a Third Offense DUI, must prove all of the following: that you have been convicted of two prior DUIs, and that these occurred within a ten-year time period along with the current incident. Although priors that occurred within California can be summoned as evidence for your trial, an experience San Diego DUI attorney may be capable of challenging the validity of the circumstances of your case.
In order to properly challenge a prior, there are a few things to keep in mind. First, this is whether or not your priors are near the ten-year time period- an experienced Firm may be able to argue whether or not your priors are within ten-years of your current one.
If any of your priors occurred outside of California, they can still be considered part of your Third Offense DUI. Despite this, a properly trained San Diego DUI lawyer will likely be capable of weakening your penalties and sentence.
The penalties of a Third Offense DUI are extremely varying, and are determined almost entirely on the circumstances of your specific case. One of the most detrimental consequences of this offense is the labelling of the offender as a “habitual drunk driver”. It is crucial to your case that an experienced Firm handles your case, in order to escape up to a year of jail time, formal probation, and other possible penalties.
The typical consequences for a Third Offense DUI include Mandatory sentence of 120 days to one year in a county jail; three to five years of summary or formal probation; Public Work Service—picking up trash on the side of the road; between $1800 – $3000 in fines and assessments; 30-month California DUI school; up to 10 years loss of California Driver’s License; minimum 3 years; installation of an Ignition Interlock Device for up to three years; and Automobile Forfeiture, which meaning the state will sell your vehicle and keep the proceeds—regardless of whether you owe money on the vehicle. In addition, aggravating factors may even further increase the level of penalties in which an offender may face. Counties in California sometimes specify 210 days, while others as much as a full year within their regulations along with regular visits by a Probation Officer and the restraint of offenders from leaving the country or state without legal permission.
If уоu wеrе аrrеѕtеd for a 2nd DUI in Cаlifоrniа, уоu аrе looking uр to a 2 уеаr ѕuѕреnѕiоn of your driver’s license withоut thе еligibilitу fоr a rеѕtriсtеd liсеnѕе. To аvоid the possibility оf a twо уеаr ѕuѕреnѕiоn оf уоur driver’s liсеnѕе due tо a DUI charge, hаvе an experienced 2nd DUI lаwуеr contact DMV on your behalf within the firѕt 10 dауѕ of the аrrеѕt. It is imроrtаnt tо have your аttоrnеу and nоt уоu contact DMV bесаuѕе оnсе thе hеаring iѕ mаdе, сеrtаin itеmѕ of evidence, аkа, discovery, muѕt be immеdiаtеlу ѕubроеnаеd. Fаilurе tо iѕѕuе timеlу ѕubроеnаѕ mау juѕt bе thе reason your license will suspend for 2 solid years.