Third DUI Offense
A defendant accused of a third offense DUI can suffer much more severe consequences upon a DUI conviction then a defendant who is accused of a second or a first offense DUI in Los Angeles county. The importance of having the best Los Angeles DUI attorney in a situation like that can not be overestimated. Any DUI is a priorable offense and a person who has two prior DUI conviction (or a wet reckless convictions) within ten years of his or her new 3rd offense DUI can face much more severe punishment then a second or a first DUI offender. Typically, a Los Angeles county or city prosecutors will demand that the court punishes the defendant much more severely, but even without any influence from the prosecutor, the statutory punishment codified in California law mandates a much more severe driver’s license consequences with a possible loss of driving privilege for three years and a mandatory jail time of at least 120 days and up to 1 year in the county jail. Independently, most bench officers take a hard stand on any such DUI defendants in Los Angeles and will likely punish such defendants harshly without any influence from the prosecutor. The attorneys in our office are almost entirely focused on defense of DUI and DUI related charges, taking charge and starting to prepare for aggressive DUI defense even before you or your loved one is scheduled to appear in the Superior Court. It is very likely that your third offense DUI will require a very specialized handling and professional attorney advice weeks prior to the first appearance in the Superior Court. Our approach will make a difference in your case to make you appear in the most favorable light to the prosecutor and the judge when we go to court with you.
Upon conviction for a 3rd offense DUI, a defendant’s license is likely to be revoked for a period of 3 years; however, he or she can get his driver’s license back after a period of initial restriction if he or she installs an ignition interlock device in his or her car. A relatively new law, codified in CVC section 23597, permits the courts to revoke driving privilege for 10 years in some third offense DUI cases. Now it is more important then ever to contact highly respected DUI defense attorney in Los Angeles to make sure you are treated fairly and to make sure you can aggressively fight your case. In Los Angeles, the ignition interlock device is mandatory upon any conviction for CVC 23152. A third time DUI offender who was arrested after July 1, 2010 will be required to have an ignition interlock device in his or her car for a period of 24 months. There is a process of exemption from the requirement to install the ignition interlock device after a conviction in Los Angeles county; however, that exemption must be filed within 30 days of the suspension or revocation notice and it might delay driver’s license reinstatement process.
Any conviction for a third offense DUI will also require a significant jail sentence that start by law from at least 120 days and up to 1 year in the county jail. Our office will help you navigate the process where we can avoid jail time upon a favorable resolution or get a disposition that might not involve actual jail sentence. For example, Los Angeles Sheriff’s Department instituted a program for house arrest, which will often permit Los Angeles drunk driver convicts to avoid jail time. To see if one qualifies for house arrest, a defendant can contact the sheriff’s department house arrest program directly or through us to get a pre-screening and to clarify the requirements. Typically, if Los Angeles DUI defendant’s don’t have serious criminal record, the approval process is automatic. Alternatively, many courts will permit electronic monitoring through a private vendor that will be an equivalent of a house arrest and will permit you or your loved one to be at home and even go to work during your jail sentence.
In addition to any jail time and driver’s license consequences, a conviction for a third offense DUI will also involve significant fines with a base fine between $390.00 and $1,000.00 not including any penalty assessments. The penalty assessments are a legislative taxation on any court fines and will cause the fines to increase several fold making a minimum fine of $390.00 to be approximately $2,000.00.
In addition to any fines, the court will likely impose self-help classes, such as alcoholic anonymous and/or educational programs, such as Mothers Against Drunk Driving Program (MADD) or Hospital and Morgue Program (HAM).
Our job, as DUI defense attorneys is to fight your DUI case all the way, including finding any weaknesses in the case to get a dismissal or reduction of charges and when that fails, to present mitigating factors that will allow for the best possible sentence or reduction of charges. Many cases require specialized approach and it is possible to litigate successfully even cases with aggravating factors, such as accidents, high blood alcohol levels and license suspensions. Please contact our office to talk to lawyer directly at (323) 464-6424