Do I need an Attorney for a Third Time DUI?

Do I need an Attorney for a Third Time DUI?

Dealing with a third-time DUI can be extremely stressful and costly. Depending upon the factors surrounding the case, a DUI charge in California may result in a jail sentence of 120 days to a year and fines between $390 and $1,000. While categorized as a misdemeanor (as long as no major injuries occurred), due to being a third-time DUI offense, the court is less likely to be lenient.  

That’s why having an experienced criminal defense attorney on your side can make all the difference. They can work with you to ensure you receive the right representation. An experienced attorney can employ different strategies that can: 

• Reduce charges. 
• Help you avoid jail time. 
• Dismiss the case altogether. 
  

By negotiating the charges, a third time DUI may be reduced to: 

• Wet reckless. 
• Dry reckless. 
• Exhibition of Speed or “Speed Ex”. 
  

All three reduced charges can help a defendant avoid a mandatory license suspension, jail time, shorter probation periods, and lesser penalties. Other negotiation strategies that can reduce/lessen the penalties of a third time DUI include: 

• Attending AA, NA, or Mothers Against Drunk Driving (MADD) meetings. 
• Probation or house arrest in lieu of county jail time. 
• A work furlough program. 
• Attending alcohol/drug treatment programs such as rehab. 
• Paying certain fees. 
• Having an interlock device in the vehicle. 
  

In addition to negotiating reduced charges or less severe penalties, an attorney can argue the case altogether resulting in a dismissal. Depending upon the situation, some arguments an experienced criminal defense attorney can make include: 

• If the officer had no reasonable cause or suspicion in conducting a traffic stop/making the arrest. 
• The breathalyzer used to conduct the test was defective or if the standardized field sobriety tests were improperly handled. 
• If blood samples were taken, the possibility that the samples were contaminated. 
• If the defendant had recent dental work done that may have caused alcohol to remain trapped in cavities or dental pits, causing an inaccurate reading. 
• A medical episode is improperly interpreted as intoxication. 
• Certain medical conditions like acid reflux or GERD triggering a misreading. 
  

While a misdemeanor, a third time DUI can carry serious ramifications, and if you receive four DUI’s in the span of 10 years in California then you will be facing a felony. Paired with jail time, hefty penalties, and a criminal record that may affect aspects of your life such as employment and renting, having an attorney from the H Law Group on your side is crucial. 

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