Are you facing charges for a 3rd DUI in Los Angeles?

You will be charged with a third DUI if you have been convicted of a DUI or a “wet reckless” twice within the last 10 years. If you are convicted of a third DUI you will face substantially increased penalties, including having your driving privileges revoked, and possibly being designated as a habitual traffic offender for a 3 year period. Most importantly you will also face mandatory jail time.

Third DUI charges are very serious, and an arrest alone can have devastating consequences. If you are facing charges for a third DUI in Los Angeles, or the surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134. 

Los Angeles Criminal Defense Lawyer, Miles Booth

How does the prosecution prove that I am guilty of a 3rd DUI?

The process for a third DUI case is almost identical to a first or second DUI, but with harsher penalties. When you are are charged with a third DUI in California you will be charged with two separate offenses, Vehicle Code section 23152(a), and Vehicle Code section 23152(b).

To be found guilty of a third DUI under California Vehicle Code Section 23152(a) the prosecutor must prove beyond a reasonable doubt that you;

• Drove a vehicle, and
• When you drove a vehicle you were under the influence of an alcoholic beverage or drug, and
• You suffered two prior convictions for DUI or a “wet reckless” within the past 10 years.

To be considered “under the influence” the prosecution must prove that you, as a result of drinking an alcoholic beverage or taking a drug, were so impaired that you were unable to drive a vehicle with the caution of a sober person. Evidence from the police report detailing your driving pattern will be a key factor in making this determination.

Your driving pattern alone is not enough to establish if you were “under the influence” but is an important factor to be considered, along with performance on field sobriety tests, your demeanor, and interactions with the police.

To be found guilty of a third DUI under California Vehicle Code Section 23152(b) the prosecutor must prove beyond a reasonable doubt that you;

• Drove a vehicle, and
• When you drove a vehicle your blood alcohol content was 0.08% or more, and
• You suffered two prior convictions for DUI or a “wet reckless” within the past 10 years.

*Note* - a conviction under either penal code will count as a DUI on your record, and a plea reduction will almost always result in the dismissal of one of the counts.

What is considered a prior DUI in California?

DUI’s are calculated based on the date that the offense occurred, not the date of the conviction. This means that if you pled to a DUI 9 years ago, but the date of driving was over 10 years ago it would not be considered a prior DUI.

A “wet reckless” conviction counts as a prior DUI.

An out of state DUI conviction is considered a prior DUI so long as the requirements for a DUI in the other state are the same as in California.

An expunged DUI does count as a prior DUI.

What are the Penalties for a 3rd DUI?

If you are convicted of a third DUI in California you can expect to face;

• 3 - 5 years of misdemeanor probation
• A $390 fine, plus penalty assessments, which can total thousands of dollars
• A 30 month court approved DUI program
• Between 120 days and one year in jail
• “Habitual traffic offender” status by the DMV
• Mandatory installation of an ignition interlock device in your car for two years, which allows you to drive anywhere, OR a 3 year license suspension, which is convertible to a restricted license after 18 months

Additional conditions of probation may include:

• Mandatory attendance in Alcoholics Anonymous or Narcotics Anonymous meetings
• Restitution, if you caused an accident while driving under the influence
• In patient or out patient substance abuse counseling
• Participation in the mothers against drunk driving victim impact program
• Participation in the hospital and morgue program

What happens if I refuse a chemical test on a 3rd DUI?

If you refuse to submit to a chemical test your license will be revoked for a three year period, and you will not be eligible for a restricted license at all during this period.

What are defenses to a 3rd DUI charge?

Although DUI charges are serious, there are a multitude of defenses that a skilled DUI attorney can help you navigate in order to get your case dismissed, or the charge reduced.

DUI defenses fall into three main broad categories;

• You were not actually intoxicated
• Your driving was not impaired
• The arresting officer did not follow the proper procedure

Facing 3rd time DUI charges is scary, and you need skilled representation if you want to achieve the best outcome. The Los Angeles District Attorney's Office takes DUI charges very seriously, and devotes substantial resources to making sure that those accused are convicted.

The best way to defend a DUI case is to attack the evidence in the police report, and develop a compelling mitigation packet. At first, all that the prosecutor knows about you is what is written in the police report. And that report describes you in your worst condition. For this reason, it is very important to provide the prosecutor with a comprehensive mitigation packet that displays your strengths, and societal contributions.

In any event, an accusation does not mean that you will be convicted. Mr. Booth is an expert at developing an effective defense to help you avoid conviction. The earlier you retain him, the better your chances.

Contact Los Angeles DUI Attorney Miles Booth

A Third DUI conviction in Los Angeles can have serious consequences. You are facing jail time and loss of driving privileges, and the complexities of navigating the criminal justice system are daunting.

It is important to have a professional and skilled defense attorney by your side. Miles Booth has substantial experience and success representing clients charged with DUI, and will use his experience and knowledge to present the best possible defense for your case.

If you are facing charges for a 3rd DUI in Los Angeles, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.