What Happens with a Third DUI Arrest?

Overview of Third DUI Offenses in California

Throughout California and especially in San Diego, prosecutors and judges have become increasingly harsh in how they handle third time DUI offenders. A DUI conviction with two prior DUIs within 10 years requires a minimum of 120 days of custody. Additionally, this conviction will trigger DMV proceedings to determine if your driver’s license will be suspended. A DMV hearing must be requested within 10 days of your arrest, as failure to do so will result in an automatic license suspension.

DMV Proceedings for Third DUI Offenders

Even before the possibility of a conviction the problems for a third time DUI offender can be serious. The constitutional protections of the criminal court system do not extend to your driver’s license. Dealing with the DMV after a third DUI arrest can be difficult and serious. Without taking quick action with the DMV driver safety office anyone arrested for a third DUI offense will lose there license for several years.

Setting a hearing with the DMV on the driver’s license suspension for DUI does not provide the same rights as a criminal proceeding. Hearing officers can introduce evidence with little objection. The burden of proof on the DMV to suspend a license is low and there is no jury.

Defending Your San Diego DUI Case

Early preparation and investigation when facing a DUI charge are essential for a successful defense. DUI arrests involve many complex factors which require experience and skill in marshaling facts in your favor. The procedures that police officers should follow during DUI investigations are often ignored in violation of constitutional protections. Consulting with a San Diego DUI lawyer who knows how to defend serious DUI offenses is always a good first step.

Bail and Immediate Consequences for Third DUI Offenses

If you have posted bail after a third DUI arrest, you risk having this bail amount increased. Judges in San Diego view third DUIs as serious offenses and may increase a defendant’s bail by tens of thousands of dollars, depending on the risk the defendant poses to public safety. In addition to bail increases, the court can revoke driving privileges, independent of any DMV actions. These early consequences can severely impact your daily life.

However, the final outcome of a third DUI case can vary greatly depending on how well the defense attorney prepares. An effective DUI lawyer will investigate all evidence, going beyond standard solutions and plea agreements to present every possible defense to the charges.

Penalties for a Third DUI Conviction in California

If you have two prior DUI convictions within 10 years of your current arrest, the prosecution may use these convictions to enhance your sentence. The minimum sentence for a third DUI conviction includes significant custody time, which may sometimes be served through public work service. You should discuss the possibility of striking a prior conviction with a DUI attorney. It may be possible to argue that a prior guilty plea was made in error due to a constitutional rights violation. However, this motion to strike places a high burden on the defense to prove that the prior DUI plea or conviction deprived the defendant of constitutional rights.

Other Consequences of a Third DUI Conviction

A third DUI conviction in California results in a three-year license suspension, along with increased fines and probation fees. Defendants must also register with the SAAU (Substance Abuse Assessment Unit) and attend MADD and multiple-conviction program classes, which can last up to 30 months. After serving one year of the suspension, it is possible to petition the DMV for a restricted license, which allows limited driving with the requirement of an IID (ignition interlock device) installed.

Search and Seizure Defense to DUI

For third DUI arrests, it’s critical for your lawyer to investigate the possibility of filing a 1538.5 motion to suppress evidence. Every aspect of the arrest can be scrutinized by the defense attorney. It’s the prosecution’s burden to prove that law enforcement followed constitutional and state law requirements as well as their own procedures. Law enforcement must adhere to strict codes of conduct during DUI arrests. A suppression motion highlights any discrepancies or failures in the prosecution’s evidence, requiring arresting officers to testify under oath about the details of the arrest.