Third Offense Misdemeanor DUI - What are the Potential Consequences & Defenses?
A third offense misdemeanor DUI is typically alleged as a violation of Vehicle Code section 23152 (a) and (b) - along with a special allegation that the person suffered two prior DUI convictions. If a person has previously been convicted twice of a DUI or "wet reckless" before, and the arrest for the prior offenses occurred less than 10 years before the new DUI arrest, then the person is most likely up against a third offense DUI charge.
Defenses to Third Offense DUIs
For over 30 years our firm has defended thousands of DUI cases. Our firm wrote the leading treatise on DUI defense used by DUI attorneys across the country. We have obtained countless not guilty verdicts in DUI trials, including serious felony DUIs, and have obtained dismissals on even more DUI cases before trial.
There are many defenses that may be applicable to your case. You can learn more about drunk driving defenses here.
Bartell, Hensel & Gressley's team of DUI attorneys have offices in Temecula and Riverside. Bartell, Hensel & Gressley's DUI lawyers are happy to meet with you at any time to discuss the potential defenses in your case. We defend cases primarily in Riverside and San Bernardino County, Orange County, but also Mammoth DUIs, Victorville DUIs, and more.
Potential Punishments for Third Offense DUI
A third offense DUI carries a maximum punishment of a $1,000.00 fine and 12 months in jail. However, third offenders face a minimum punishment of 120 days in county jail. Third offense DUIs are often where prosecutors are unwilling to allow people to do their time on a house arrest or work release program, and want the person to go to actual jail. It is a likely proposition that a person facing a third offense DUI could go to jail for at least 120 days, unless they hire a DUI attorney to negotiate a better sentence, or fight the case. The fines are also often significantly higher than $1,000.00 once penalty assessments and court fees are added in.
Potential License Suspension for Third Offense DUI
Persons facing a third offense DUI may have their driving privileges suspended two separate ways. First, the DMV will automatically suspend a person's driving privilege for 12 months thirty days after a DUI arrest unless the driver requests a hearing with the DMV within 10 days of the date of the arrest. This DMV hearing is wholly separate from any court proceedings. Secondly, a person can also lose their license if they are convicted of third DUI in court. Upon a conviction for third offense DUI, the court notifies the DMV of the conviction, and the DMV will impose a 36 month suspension.
Restricted License Options for Third Offense DUI
Third offenders are eligible to get back on the road before the suspension period is over. A driver can serve 12 months of the 36 month suspension, enroll in a 18-month DUI class, obtain a SR22, and then get a restricted license. Or the driver can serve 6 months of the 36 month suspension, enroll in the DUI class, obtain a SR22, install an Ignition Interlock Device in all of their vehicles, and then the DMV will reissue a non-restricted license at that time.
Who You Hire Makes the Difference
Bartell, Hensel & Gressley has defended thousands of DUI cases, and our lawyers train other attorneys across the nation on DUI defense. Our firm wrote the leading treatise on DUI defense, which is used by lawyers across the country. Who you hire can make all the difference in your case. Call us today at (951) 788-2230 to get our team of DUI lawyers on your case.
Bartell, Hensel & Gressley has offices in Temecula and Riverside, and practices throughout Riverside, San Bernardino, Rancho Cucamonga, Murrieta, and Orange County.