A third DUI will likely result in jail time.
It’s no secret: the state of California takes the crime of drinking and driving (and driving while under the influence of drugs) seriously. If you are a repeat offender, then you can expect extremely harsh penalties for your crime. That is why it is so important to hire an experienced San Bernardino DUI lawyer to represent you.
So what exactly qualifies as a repeat offender under California’s DUI laws? California has a ten year “look back” period. That means that the prosecutor will look back for ten years prior to your current charge to see if you have any prior DUI, drugged driving or wet reckless convictions. If so, then you can be charged as a repeat offender.
If you have two prior drinking and driving related offenses on your record, then you will be charged with a third-time DUI offense. While a prosecutor may charge your case differently based on the specific facts and your criminal record, a third DUI offense will normally be charged as a misdemeanor. If you are convicted, you could be sentenced to between 120 days to one year in county jail, three to five years of informal probation, approximately $2,000 in fines and penalties, and thirty months of mandatory DUI school. In addition, you will lose your license for an extended period of time. If you lose your license through a conviction, the suspension will be for a period of three years. If the Department of Motor Vehicles suspends your license, then it will be for a period of one year, with the option of submitting to a chemical test after 180 days and having an ignition interlock device installed for a period of 24 months. If you are arrested for a third DUI in California, you will also be labeled a “habitual traffic offender” by the DMV.
To prove that you have committed the crime of driving under the influence, a prosecutor must show that you were operating a vehicle while you were under the influence of alcohol or drugs, or that you had a blood alcohol concentration (BAC) of .08% or higher t the time that you were driving. A prosecutor typically does this by presenting evidence of your driving patterns, the results of field sobriety tests, a police officer’s testimony that you showed signs of intoxication, or the results of a chemical test showing your BAC. A seasoned San Bernardino DUI lawyer may be able to challenge some of this evidence, or question the police officer’s interpretation of your driving or even the supposed signs of your intoxication.
At the Chambers Law Firm, we are dedicated to fighting for the rights of our clients. We will work hard to defend you against unjust DUI charges, and will stand by you through each step of the process. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
