Los Angeles Third Time DUI

Los Angeles DUI AttorneyLos Angeles Third Time DUI

One of the more frequent questions asked by people who are dealing with a Los Angeles driving under the influence charge and who have prior DUI convictions is what the potential consequences are for a third DUI conviction.

When a person is charged with a DUI offense and they have had two previous DUI convictions within the past 10 years, the penalties become much steeper compared to what is assessed on a first or second DUI offense. Under the law, someone is considered to have committed a third DUI offense when he or she has two previous DUI convictions within the past ten years. These convictions can be out of any county in California as well as DUI violations from states other than California.

Judges and prosecutors take third time DUI offenses very seriously. There is a concern that a person with two prior DUI convictions is unable to control their drinking or drug use and poses a significant risk to the general public. Judges tend to require high bail amounts or conditions of release on a person charged with a third time offense. These conditions may include weekly AA attendance or a requirement that the defendant wear an alcohol monitoring device such as SCRAM or AlcoSensor. Consuming any alcohol would be considered a violation and could result in the defendant being taken into custody.

A person charged with a DUI offense is entitled to the same rights and protections as someone who has been charged with a first or second time DUI. If the officer lacked probable cause to stop or arrest the defendant, a skilled Los Angeles DUI Attorney can challenge the stop and/or arrest with a motion pursuant to California Penal Code Section 1538.5 PC. If successful, the resulting DUI evidence would be suppressed and the case would most likely be dismissed as the prosecutor would be unable to move forward. In addition, there may be issues with the breath or blood test or other defenses that may be raised.

If convicted of a third time DUI offense, the defendant is typically sentenced to five years of probation with a statutory minimum of 120 days in jail. Sentences will vary by county and some judges may allow defendants to serve some or all of their jail sentence on house arrest. The sentencing judge will require that the defendant complete the 30-month alcohol education program, which includes classroom instruction, group counseling sessions, individual counseling and Alcoholic Anonymous meetings. The fines assessed can total between $2500 and $3000 when all penalties and assessments have been included. The defendant may be ordered to pay restitution if he or she was involved in a collision.

In some cases, a judge or prosecutor may agree to reduce the mandatory jail time and allow the defendant to complete the “30 30 program.” This would only require 30 days in jail, but the defendant would have to complete the 30 month program and spend 30 months on a SCRAM alcohol monitoring bracelet.

In many cases, the defendant on a third time DUI offense is still on probation for their second DUI conviction or even their first. In these cases the defendant would have to deal with DUI probation violations and could face additional punishments.

Someone who is arrested for a third driving under the influence offense will also be subject to a driver’s license suspension. The DMV administrative suspension is only one year, however the court suspension that would go into effect if the defendant is convicted is a full three years. During this time the driver may be eligible for a restricted license after 180 days if he or she installs an IID in his or her vehicle. A chemical test refusal would result in a three year license revocation with no restricted license eligibility. In addition, a person who is convicted of a third DUI offense may be designated as Habitual Traffic Offender by the Department of Motor Vehicles.

If you have been charged with a third time DUI offense, it is imperative that you speak with a Los Angeles DUI Lawyer immediately. Los Angeles DUI Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who has obtained impressive results for DUI defendants, even when they have multiple prior convictions.

For more information about Los Angeles third time DUI offenses, and to schedule your free consultation, contact Los Angeles Criminal Defense Lawyer Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
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Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.