The 3rd time DUIs are just aggravated first and second time DUIs. This is somebody who has been stopped and has a history of being convicted of driving under the influence. It could span over a 10-year period of time or could be very short. I have seen people that have gotten 3 DUIs in 3 months. I have seen people get multiple DUIs in a 24-hour period. These things happen and they need to be addressed.
The Minimum Mandatory Penalties Escalate Rapidly for a 3rd Time DUI
The mandatory minimum penalties on a 3rd go way up and the consequences go way up as well. In the state of California, the mandatory minimum on a 3rd time DUI is 120 days of county jail and a lot of times we will see prosecutors looking for more jail time. The possible consequences and the cost of the DUI go way up and it just makes the importance of fighting the DUI even that much more important. There are increased fines and probation but the biggest consequence on a 3rd is jail time.
The Judges Are Less Concerned with Rehabilitation and More Concerned with the Penalties in a 3rd Time DUI
At that point, the judges and the prosecutors are less concerned with alcohol programs, less concerned with fines and fees or treatment and more concerned with just straight up punishment and increasing the amount of jail time that someone is looking at. The 3rd time DUIs are often the cases that need to go to trial because we may have very little to lose by going to trial. If a prosecutor is looking for 6 or 9 months of jail time and the maximum is 12 months in jail, it may be worth going the distance and taking the case to a jury trial.
The Mandatory DMV Driver’s License Suspension for a 3rd Time DUI Is at Least a Year
On a 3rd time DUI, the department of motor vehicles, if they receive notice of a conviction, will suspend the person’s driving privileges and they’ll suspend it for a minimum of a year or maybe longer depending on what type of action was reported. There may be the possibility of getting an ignition interlock and shortening a suspension but it is probably going to be a year or more.
Extraneous Factors May Be the Reason a Defendant Has Multiple DUI Offenses
It is hard to go outside the rules when something is mandated by state law except when we see a situation where there are extraneous factors that are coming in to play. Someone may have suffered a crisis in their life or some sort of a trauma that triggered a series of events. You can work towards mitigating that and alternative sentencing. You can work towards avoiding convictions, explaining what is going on and getting a district attorney or a city attorney on board and agree to a particular sentence.
County Jail Is Not the Best Option for Someone Traumatized by Certain Events
If somebody is suffering a trauma, the best option is not county jail but perhaps treatment and there are different types of treatment whether it is residential treatment, live-in treatment, outpatient treatment and getting the person basic medical care or psychological care maybe a substitute or a settlement that a district attorney or city attorney may agree to. Things can be done, you don’t want to just give up and plead guilty whether it is a first time, second time or third time DUI. You want to know what options are available to work out the best possible deal for that particular person in that particular case.
The Aggravating Factors for DUI Charges in the State of California
There are different factors that can aggravate any type of DUI, particularly if there are young children in a car. That can add mandatory jail time and aggravate a DUI whether it is a first, second or third time DUI. Another aggravating factor is when someone is lawfully arrested and they refuse or they are unable to complete a chemical test such as a breath or a blood test. They can have a refusal allegation tacked on to a DUI which would have mandatory jail time. There’s other enhancements on a first, second or third or more that if somebody is speeding or driving recklessly. If the speed limit is exceeded by 20 miles an hour on surface streets or 30 miles an hour on the freeway, they can get a speed enhancement added to a DUI which would require mandatory jail time again.
There are a Lot of Potential Extraneous Charges that May Be Added to a DUI
So there are a lot of other extraneous potential charges that can be added to a DUI if somebody is arrested for a DUI and they have a particularly high blood alcohol level; there are certain increased penalties. A lot of times we will see prosecutors adding enhancements at a .15 or a .20 where someone will be suffering more severe consequences regardless of whether it is a first, a second or a third for having an unusually high blood alcohol level. There are other factors that need to be taken into consideration.
Personal Attention
