Los Angeles Third DUI Offense Attorney

Facing a third charge of driving under the influence (DUI) within ten years in California signifies a critical juncture with potentially severe and enduring consequences. The state of California treats repeat DUI offenses with increasing severity, recognizing the heightened risk to public safety. A third DUI conviction can lead to substantial jail time, significant financial penalties, a prolonged suspension of your driving privileges, and mandatory enrollment in extensive DUI education programs. Navigating these complex legal ramifications requires a thorough understanding of the relevant laws, the procedures involved in a DUI trial, and the potential sentencing outcomes. This page provides an in-depth analysis of a third DUI offense in California, delving into the applicable Penal Code sections, the jury instructions that guide trial proceedings, and the multifaceted aspects of sentencing. Recognizing the gravity of this situation, it is paramount to seek an experienced DUI attorney to navigate these complexities and advocate for the most favorable resolution.

In California, the primary laws governing DUI are codified in the Vehicle Code, specifically in sections 23152(a) and 23152(b). Vehicle Code section 23152(a) makes it illegal to drive a vehicle while under the influence of alcohol or drugs. Vehicle Code section 23152(b) prohibits driving with a blood alcohol concentration (BAC) of 0.08% or higher. While these Vehicle Code sections define the offense itself, the California Penal Code plays a crucial role in the sentencing and potential enhancements associated with a third DUI conviction.

For a third DUI offense to be established, the prosecution must prove beyond a reasonable doubt that you were driving a vehicle, that you were under the influence of alcohol and/or drugs (or had a BAC of 0.08% or higher) at the time of driving, and that you have two prior DUI convictions within the preceding ten years. This ten-year "look-back" period is calculated from the dates of the prior offenses that led to the convictions. Prosecutors typically rely on certified court records to demonstrate the existence of these prior convictions, and these records are admissible in court to establish your history of DUI offenses.

While the initial charge of a third DUI falls under the Vehicle Code, several provisions within the California Penal Code become pertinent, particularly during plea negotiations, sentencing hearings, and in the context of potential enhancements. Judges and prosecutors consider various Penal Code sections that address sentencing guidelines for misdemeanor offenses, conditions of probation, and the specifics of county jail commitments.

For a standard third DUI, which is typically charged as a misdemeanor, sentencing will be guided by Penal Code Section 19 PC. This section generally outlines the penalties for misdemeanor offenses in California, which can include fines, jail time in county jail, or both. However, specific laws related to DUI offenses, as outlined in the Vehicle Code and potentially influenced by other Penal Code sections, will often supersede these general guidelines, particularly concerning minimum and maximum jail sentences and other mandatory conditions.

Penal Code Section 17(b) allows, in some felony cases, for the reduction of a felony offense to a misdemeanor under certain circumstances. While a third DUI without significant aggravating factors is usually a misdemeanor, if the third DUI involved factors like causing injury to another person, it could be charged as a felony under Vehicle Code Section 23153. In such instances, the applicability of Penal Code Section 17(b) might be considered, although this is more common for offenses initially classified as "wobblers" (crimes that can be charged as either a felony or a misdemeanor).

The Penal Code, in the context of repeat DUI offenses, is the concept of probation. While the specific conditions and duration of probation for a third DUI are often dictated by the Vehicle Code and court discretion, the general framework for probation and the consequences of violating probation are outlined in the Penal Code. For example, Penal Code Section 1203 et seq. details the procedures and conditions related to probation in California.

Although the specific designation of "habitual traffic offender" stems from the Vehicle Code (specifically VC 14601.3, which defines it in the context of driving on a suspended license and accumulating points), the underlying DUI convictions contribute to this status and can lead to enhanced penalties if subsequent traffic offenses are committed. The Penal Code provides the framework for sentencing these subsequent offenses, potentially leading to more severe penalties due to the prior DUI history.

If your third DUI case proceeds to trial, the judge will provide the jury with a set of instructions that outline the legal principles they must apply to the evidence presented. These instructions are designed to ensure that the jury understands the elements of the crime and the standards of proof required for a conviction. California utilizes the California Criminal Jury Instructions (CALCRIM) for this purpose. Several CALCRIM instructions are particularly relevant in a third DUI case.

CALCRIM 2100 addresses the basic charge of driving under the influence of alcohol. It instructs the jury that to find the defendant guilty, the prosecution must prove two essential elements: first, that the defendant drove a vehicle, and second, that at the time of driving, the defendant was under the influence of an alcoholic beverage. "Under the influence" is defined in this instruction as having impaired the defendant's mental or physical abilities to such a degree that they could no longer drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.

CALCRIM 2101 covers driving under the influence of drugs. Similar to CALCRIM 2100, it requires the prosecution to prove that the defendant drove a vehicle and that while driving, the defendant was under the influence of a drug. "Under the influence of a drug" is defined as having impaired the defendant's mental or physical abilities to such a degree that they could no longer drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. This instruction also clarifies that a drug includes any substance or combination of substances, other than alcohol, that could so affect the nervous system, brain, or muscles as to impair to an appreciable degree the ability to drive a vehicle in the manner that an ordinarily prudent and cautious person, in full possession of their faculties, using reasonable care, would drive under similar circumstances.

When the prosecution alleges that the defendant's blood alcohol concentration was 0.08% or higher, CALCRIM 2111 is typically given to the jury. This instruction addresses the "per se" violation. It states that the prosecution must prove that the defendant drove a vehicle and that at the time of driving, the defendant's BAC was 0.08% or more. This instruction often refers to the legal presumption that a person with a BAC of 0.08% or higher is considered to be under the influence of alcohol. The instruction will also guide the jury on how to evaluate the results of breath or blood tests, including considerations of potential errors in testing procedures or the handling of samples.

In a third DUI case, the prosecution must also prove the existence of the two prior DUI convictions. The jury will likely receive specific instructions on how to consider this evidence. These instructions will typically state that the prosecution must prove the prior convictions beyond a reasonable doubt, usually through the presentation of certified court records. The judge may instruct the jury that they can consider the prior convictions only for the purpose of determining the appropriate penalty if they find the defendant guilty of the current DUI offense.

In some cases, the trial may be "bifurcated," meaning the jury first decides whether the defendant is guilty of the new DUI charge before hearing evidence or receiving instructions about the prior convictions. If the trial is bifurcated, the jury will receive separate instructions on how to determine whether the prosecution has proven the prior DUI convictions if and only if they have already found the defendant guilty of the current offense. These instructions will emphasize that the prior convictions must be proven with legally admissible evidence and beyond a reasonable doubt.

A conviction for a third DUI offense within ten years in California carries significant and mandatory penalties. While a third DUI is typically charged as a misdemeanor, the consequences are far more severe than those for a first or second offense. The sentencing for a third DUI involves several key components.

One of the most significant consequences of a third DUI conviction is mandatory jail time. California law requires a minimum of 120 days in county jail, with a potential maximum sentence of up to one year. The actual length of the jail sentence can depend on various factors, including the specific circumstances of the offense, the defendant's BAC level, whether there were any aggravating factors (such as a refusal to submit to a chemical test, a high BAC, or an accident), and the judge's discretion. While alternatives to traditional jail time, such as work release or electronic monitoring, may be available in some limited circumstances, a substantial period of incarceration in county jail is highly likely.

In addition to jail time, a third DUI conviction carries substantial financial penalties. The base fine for a third misdemeanor DUI can range from $390 to $1,000. However, California imposes significant penalty assessments on top of the base fine. These assessments can multiply the actual amount owed several times over, resulting in total financial obligations that can easily reach thousands of dollars. These costs can include administrative fees, court costs, and fees associated with mandatory programs.

A third DUI offense triggers a mandatory driver's license suspension that can last for up to three years. This suspension is imposed both by the Department of Motor Vehicles (DMV) through an Administrative Per Se (APS) action and by the court as part of the criminal sentence. After serving a portion of the suspension (typically 18 months), there may be an opportunity to obtain a restricted license. However, obtaining a restricted license usually requires the installation of an Ignition Interlock Device (IID) in any vehicle the individual drives, enrollment in a DUI program, and meeting other specific DMV requirements.

California law mandates participation in a multiple-offender DUI education program for individuals convicted of a third DUI. The duration of this program is typically either 18 or 30 months, depending on the specific circumstances of the case and the defendant's blood alcohol level at the time of the arrest. These programs cover extensive education on alcohol and drug abuse and the dangers of impaired driving and often include counseling and group therapy sessions. Completing the DUI program is usually a condition of probation and is often required to reinstate driving privileges.

As mentioned, obtaining a restricted driver's license after a third DUI conviction often requires the installation of an Ignition Interlock Device (IID). An IID is a device installed in a vehicle that requires the driver to blow into it before the engine will start. The device measures the driver's breath alcohol concentration, and if any alcohol is detected above apre-set limit, the vehicle will not start. The IID also typically requires rolling retests while the vehicle is in operation. The costs associated with the installation, maintenance, and monitoring of the IID are generally the responsibility of the convicted individual.

In most third DUI cases, the defendant will be placed on misdemeanor probation for a period of three to five years. During this time, the individual must comply with all terms and conditions of probation, which can include abstaining from alcohol and drugs, submitting to random testing, attending AA or NA meetings, maintaining employment, and obeying all laws. Violating probation can lead to further penalties, including additional jail time. Furthermore, a third DUI conviction contributes to an individual being labeled a "habitual traffic offender" under California law. While the specific penalties for this designation often relate to subsequent driving offenses committed while a license is suspended or revoked, it underscores the state's concern with repeat DUI offenders and can lead to enhanced penalties for any future traffic violations.

Beyond the immediate penalties imposed by the court, a third DUI conviction can have significant and long-lasting consequences on various aspects of an individual's life. Employment opportunities may be limited, particularly in professions that require driving or involve background checks. Insurance premiums are likely to increase dramatically, and some insurance companies may even refuse coverage. The conviction will remain on the individual's criminal record and will be considered for at least ten years to calculate penalties for any future DUI offenses, meaning a subsequent DUI arrest within that period could be charged as a fourth offense, which often carries even harsher penalties, including potential felony charges.

Despite the serious nature of a third DUI charge, various legal defenses may be available depending on the specific circumstances of the case. A skilled criminal defense attorney specializing in DUI cases can thoroughly review the evidence, investigate the circumstances of the arrest, and explore potential defenses. Some common defenses in a third DUI case include challenging the legality of the initial traffic stop, questioning the accuracy and reliability of breathalyzer or blood tests, scrutinizing the administration of field sobriety tests, and examining the procedures used in collecting and handling chemical test samples.

An attorney may argue that the police lacked probable cause to initiate the traffic stop, leading to the suppression of any evidence obtained subsequently. Challenges to breathalyzer or blood test results can focus on issues such as improper calibration or maintenance of testing equipment, errors in the administration of the tests, or flaws in the chain of custody of blood samples. The defense may also attack the validity of field sobriety tests, arguing that they were not administered correctly or that the individual's performance was affected by factors other than intoxication.

In cases involving blood tests, a defense attorney might challenge the collection, handling, and storage of the blood sample to ensure that no contamination or fermentation occurred, which could artificially inflate the BAC reading. The "rising blood alcohol" defense can be asserted if the individual's BAC was still increasing at the time of the test and was below the legal limit while driving. Even procedural errors by law enforcement, such as failing to properly advise the individual of their chemical test options, can potentially weaken the prosecution's case.

A crucial aspect of defending against a third DUI charge involves scrutinizing the validity and admissibility of the prior DUI convictions. If there were any legal deficiencies in the prior cases, such as a lack of proper legal representation or constitutional rights violations, a defense attorney may be able to challenge these prior convictions, potentially reducing the current charge to a second or even a first DUI offense, with significantly less severe penalties.

Facing a third DUI offense in California is an extremely serious matter that requires the guidance and expertise of an experienced DUI defense attorney. The complexities of DUI law, particularly with prior convictions involved, make it essential to have skilled legal counsel advocating on your behalf. Prosecutors are often less inclined to offer favorable plea deals in third DUI cases, and judges typically view repeat offenders as a greater risk to public safety. At Kraut Law Group Cirminal & DUI Lawyers, we can provide invaluable assistance by thoroughly investigating the case, identifying potential defenses, negotiating with the prosecution, and representing you in court.

An experienced DUI lawyer can assess the strengths and weaknesses of the prosecution's case, challenge any illegal or improper procedures, and work to mitigate the potential penalties. They can explore all available options, such as negotiating for reduced charges, alternative sentencing options like rehabilitation programs, or minimizing the amount of jail time. Furthermore, an attorney can represent you in both the criminal court proceedings and the administrative hearing conducted by the DMV, which determines the status of your driving privileges. Successful representation at the DMV hearing can sometimes prevent or shorten the license suspension.

In the criminal court process, your lawyer will ensure that your constitutional rights are protected at every stage, that all applicable evidentiary rules are followed, and that any exculpatory or mitigating evidence is presented to support your defense. Having strong legal representation can significantly reduce the stress and uncertainty associated with facing such serious charges and can greatly influence the outcome of your case, potentially helping you to preserve your employment, maintain your responsibilities, and protect your future. Even if a conviction appears unavoidable, a skilled attorney can advocate for the least severe penalties possible under the circumstances, such as arguing for alternative sentencing options or lower fines.

A third DUI offense in California carries substantial legal and personal consequences that can profoundly impact your life. Understanding the relevant Penal Code provisions that influence sentencing, the specific CALCRIM jury instructions used in DUI trials, and the various components of sentencing is crucial for navigating this challenging situation. The potential for significant jail time, hefty fines, a lengthy license suspension, mandatory DUI school, and the installation of an ignition interlock device underscores the seriousness with which California treats repeat DUI offenders.

Every DUI case is unique, and the most effective strategy for addressing a third DUI charge depends on a comprehensive analysis of the specific facts, the evidence presented by the prosecution, and any potential violations of your rights. Securing representation from an experienced Los Angeles DUI defense attorney is paramount to navigating the complexities of the legal system and working towards achieving the best possible outcome. If you are facing a third DUI charge, it is imperative to seek legal counsel as soon as possible to protect your rights and explore all available options for your defense. With timely action and skilled advocacy, it may be possible to mitigate the harshest consequences and safeguard your future.