Impaired driving is a serious crime with severe consequences upon conviction in court. The penalties for this offense become harsher if you have prior driving under the influence (DUI) convictions on your record because it is a priorable offense. You probably understand what to expect if you are under arrest or charged with a third DUI offense.

Working with a skilled attorney could help you avoid another conviction on your record or secure a favorable plea deal, like wet reckless, which carries lighter penalties. Although the prosecutor will feel confident about obtaining a conviction against you, a seasoned DUI attorney can challenge his/her evidence to obtain a favorable outcome, including a case dismissal or a lighter charge.

Whether you are under arrest for a first DUI offense or a third DUI offense in Santa Ana, our skilled attorneys at California Criminal Lawyer Group believe you deserve adequate legal representation. We will investigate the facts surrounding your arrest and interview eyewitnesses to determine the best defense to help you obtain favorable results.

Steps to Take After a DUI Arrest

It can be a nerve-wracking and confusing experience if you are under arrest on suspicion that you were impaired driving and already have a prior DUI conviction on your record. Knowing what to do and not do after an arrest could increase your odds of winning the case.

Below are key steps to take after a DUI arrest to stand a chance of obtaining the best possible outcome and retaining your driving privileges:

Know Your Constitutional Rights

Remember, you have several constitutional rights defining how the officer should treat you after an arrest, including:

  • Right to humane treatment
  • Right to remain silent
  • Right to stay free from illegal search
  • Right to hire an attorney

If you suspect that an arresting officer has violated your legal rights, note the issue and discuss it with your attorney once you meet.

Write Every Detail of the Arrest

The details you will record about your arrest can help your DUI attorney prepare the most convincing defenses for your unique case. Remember to note the possible reasons you suspect the arresting officer selected your vehicle to pull over for a DUI investigation and how the officer conducted the entire investigation.

Obtain a Copy of the Police Report

A copy of the police report could be beneficial to your case because it has details of the arrest, including:

  • The location where the arrest occurred
  • Time of the arrest
  • Names and contact details of eyewitness
  • Your performance results on sobriety tests, including Field Sobriety Tests (FSTs)

All the above information can help your attorney identify weaknesses in your case and prepare appropriate defense arguments to help you obtain a desirable outcome on the alleged DUI offense.

Call Your Attorney

With your freedom and driving privileges at risk, you would not want to challenge the allegations you are facing without an attorney. Immediately after an arrest, the arresting officers will take your driver's license (DL) and hand you a temporary pink DL valid for only 30 days.

After this period, you will lose your driving privileges unless you request a hearing with the Department of Motor Vehicles (DMV) within ten days after your arrest. At this administrative hearing, the judge (an agency officer) will listen to the arresting officer's testimony and your attorney's defense arguments to decide whether to suspend your license.

If you win the DMV hearing, you will retain your driving privileges pending the outcome of the alleged third DUI offense. Winning the DMV hearing is a sign that the prosecutor's case against you is weak, and your attorney will likely challenge it at trial to obtain the best possible verdict.

What the Prosecutor Must Prove for a Third DUI Offense Conviction

A subsequent DUI arrest does not mean you are guilty of the offense, even if you have a past DUI history. The prosecution team will bear the burden of proving the following elements during the trial hearing to obtain a third DUI offense conviction against you:

You Were Driving

You are only guilty of DUI if you were operating an automobile at the time of your arrest on suspicion that you were impaired driving. If you were sipping alcohol in a parked vehicle and the engine was off when police arrested you, you would not be guilty of DUI. However, when you are under 21, an arrest for having alcohol in your possession could attract infraction charges under Vehicle Code (VC) 23140.

You Were Impaired

After proving to the court that you were driving, the prosecutor will have the legal burden to prove that you were under the influence of drugs or alcohol. DUI laws under VC 23152 prohibit both drug driving and drunk driving. What the prosecutor must prove to show that you were under the influence at the time of your arrest will depend on the facts of your case.

If the police arrested you on suspicion that you were drunk driving, the prosecutor would rely on the results of the breathalyzer tests and FSTs to prove you were impaired.

However, if the police arrested you on suspicion that you were likely drug driving, the prosecutor will rely on the drug recognition expert's (DRE) testimony to prove you were impaired. Other pieces of evidence that could help the prosecutor prove you were drug-driving include:

  • Blood test results
  • Objective signs of intoxication, for example, red or watery eyes
  • Bad breath
  • Restlessness

It is Your Third DUI Offense

As previously mentioned, DUI is a priorable offense, meaning the penalties you are likely to face upon conviction will depend on the number of prior DUI convictions you have, including wet reckless convictions. Generally, a DUI remains on your criminal record for ten (10) years from the date of your arrest.

When the police arrest you on suspicion that you were impaired driving within ten (10) years after your second DUI conviction, the prosecutor will file your offense as a third DUI. To secure a conviction against you for a third DUI offense, the prosecutor must present evidence to prove that you have two prior DUI convictions on your record.

Potential Penalties for a Third DUI Offense Conviction

If the court considers the prosecutor's evidence reasonable and true beyond a reasonable doubt, you will be guilty of the charge. In most cases, a third-time DUI is a misdemeanor carrying the following potential legal penalties:

  • Informal probation for up to five (5) years
  • Detainment in the county jail for not more than 120 days
  • Fines and penalty assessments not exceeding $3,000
  • Install an IID (ignition interlock device) in your vehicle for not more than two (2) years
  • Enroll in a court-approved alcohol and drug education program for not more than thirty (30) months
  • 3-year DL suspension
  • Pay restitution if you caused an accident or property damage
  • Being labeled as HTO (habitual traffic offender) for up to three (3) years

If the court awards you informal or misdemeanor probation, you should be ready to abide by the requirements the judges will set as "terms" and "conditions" of your probation, including:

  • Stay crime-free and abide by all laws
  • Abstain from drug and alcohol use
  • Consent to random drug and alcohol tests by a court-appointed probation officer
  • Agree to regular meetings with the probation officer
  • Complete the substance abuse treatment recommendations
  • Attend narcotics anonymous and alcoholic anonymous meetings
  • Agree to install an IID in your vehicle
  • Agree to wear drug patches and monitoring devices

If you violate these terms and conditions, the probation officer will inform the court to issue an arrest warrant, authorizing police to arrest and detain you. When arrested for probation violation, which is a separate crime, the court could decide to do the following depending on the prosecutor's evidence against you and your attorney's mitigating arguments:

  • Issue a stern warning and reinstate your probation with the same conditions
  • Reinstate the probation but with modified and harsher conditions
  • Revoke the probation and sentence you to jail for the maximum duration required for your offense conviction

Penalty Enhancements for a Third DUI Offense Conviction

The above standard penalties for a third DUI offense conviction could become stringier if your case has the following aggravating factors:

  • You had a child under the age of 14 in the car at the time of your arrest for impaired driving
  • You caused an accident due to intoxication, leading to injuries and property damage
  • You were speeding or driving beyond the posted speed limit
  • You refused to take chemical blood or urine test upon request after your arrest
  • Your blood alcohol concentration (BAC) was 0.15% or above
  • You were driving a commercial vehicle
  • You are a minor (under 18 years)

These factors will come into play during the sentencing hearing for a third DUI offense conviction, making your penalties harsher. The specific factor(s) that will harshen your penalties for a third DUI offense conviction will depend on the facts of your unique case.

If you caused severe injuries or death due to intoxication, the prosecutor could file a third DUI offense as a felony, resulting in harsher penalties, including:

  • Lengthy jail term
  • Hefty fines
  • Lengthy probation period

Possible Alternatives to Imprisonment After a Third DUI Offense Conviction

For certain defendants with impaired driving convictions, serving time behind bars is unavoidable, mainly if you are a repeat offender. A third DUI offense conviction will carry a mandatory county jail sentence, but the judge presiding over your case has broad discretion over how you can serve your jail time.

According to PC 2900.5, the judge can order you to serve your mandatory jail time in a different environment or setting. For a third DUI offense conviction, the judge could offer you the following alternatives to a jail sentence:

Home Detention

Due to overcrowding in many county jails, many jails and jail administrators are willing to allow some convicted defendants to spend their sentence in home detention. However, you must consent to wear a location tracker, which you will be financially responsible for paying for.

Although this alternative sentence confines you to your house, it is more advantageous than serving time behind bars because you can enroll in alcohol treatment programs, work, and perform other activities.

Rehab

If your case has no aggravating factors and you are remorseful for your DUI behavior, the judge could send you to a detox or rehab facility. These facilities can help you deal with drug and alcohol use disorders or addictions, both emotionally and physically.

Aside from the treatment and rehabilitation process, the court could require you to attend regular meetings even after obtaining your release from the detox or rehab facility.

With the help of an aggressive DUI attorney, the court could offer you any of the above lenient sentences as an alternative to imprisonment.

How a Skilled DUI Attorney Can Help You When Facing a Third DUI Offense

Do not face a third DUI offense alone, even if you are an attorney. A skilled and experienced DUI attorney can help you understand what to expect and the options available to obtain the best possible outcome.

Although you have prior DUI convictions, being charged with a third DUI offense does not mean a conviction is inevitable. In the legal justice system, you are innocent until the prosecutor proves with substantial evidence that the allegations you are up against are true beyond a reasonable doubt.

Retaining the services of an experienced and relentless DUI attorney can make all the difference in your case. Here are the reasons you need an attorney when you are under investigation or charged with a third DUI offense:

     I. Your Attorney Could Have the Alleged Charge Dismissed

Like every other criminal issue, law enforcement officers should follow certain protocols and procedures while at work. If the arresting officers failed to follow certain procedures before and after arresting you, the resulting legal technicalities could convince the court to dismiss the charge.

Additionally, you could be a target for the police in light of your past DUI convictions. Hiring a skilled and experienced attorney who understands the ins and outs of the legal justice system will work in your favor to obtain the best possible results.

     II. Your Attorney Can Negotiate with the Prosecutor on Your Behalf

Depending on your case's circumstances and facts, your attorney could convince the prosecutor to reduce the alleged third DUI offense to a less severe offense with lighter consequences. There are several lighter offenses that your attorney could pursue in the plea bargaining process if the facts of your case allow, including:

  • Dry reckless
  • Wet reckless
  • Exhibition of speed "speed ex"

The primary goal of the plea bargaining process is to figure out a mutually agreeable resolution for your case instead of going through a trial. Plea deal negotiations can begin as early as the arraignment or bail hearing when the court informs you of the charges you are up against and your legal rights.

To be eligible for any of the above lighter charges during plea negotiations, you must agree that the allegations you are facing about impaired driving are true, meaning you are guilty. In exchange, the prosecutor will reduce your third DUI offense to any of the above DUI plea bargain options.

An experienced attorney will strive to obtain a dry reckless or speed ex plea deal if you are charged with a third DUI offense because a wet reckless conviction can harshen the consequences of subsequent convictions. If you are unrepresented, knowing which plea deal will work best in your favor could be challenging to receive less severe penalties instead of challenging the alleged third DUI offense at trial.

     III. Your Attorney Can Fight the Alleged Third DUI Offense

No law says the court should convict you for a third DUI offense because you have prior related convictions. The prosecutor will pursue each case based on its facts, and having a skilled attorney as your voice in court can increase your odds of obtaining a desirable outcome, including a "not guilty" judgment.

     IV. Your Attorney Could Keep You Out of Jail

As mentioned in the previous sentence, incarceration is not the only sentence available upon conviction for a third DUI offense. An experienced DUI attorney can alter the path, which most presumes is inevitable, to serve your sentence in a rehabilitation facility or under house arrest.

An attorney without prior experience with similar cases will likely not beware of these options, and that is why it is critical to hire a reliable DUI attorney to have the greatest odds of securing a favorable outcome.

Defenses Your Attorney Can Raise at Trial to Challenge the Alleged Third DUI Offense

Considering the severity of a third DUI offense, your attorney should dedicate adequate time to closely investigate the facts of your case and build defenses that can help you obtain a desirable outcome. An experienced DUI attorney can assert the following defenses, backed up with convincing arguments and clear evidence, to obtain a dismissal of the case or a lighter charge:

  • The arresting officers lacked probable cause to initiate the arrest
  • The arresting officers had no reasonable suspicion to make the traffic stop
  • The arresting officers did not give you proper instructions during FSTs
  • You had a medical episode that the arresting officers misinterpreted as intoxication
  • You had acid reflux or gastroesophageal reflux disease (GERD)
  • You had a rising blood alcohol
  • The breathalyzer equipment was faulty
  • The equipment used to store your blood or urine samples were unsanitized or contaminated.
  • You were not under the influence
  • You were not driving
  • The sobriety DUI checkpoint was unconstitutional
  • The arresting officers conducted an illegal search of your vehicle
  • The arresting officers did not inform you of your Miranda rights before the arrest

The specific defenses your attorney will use to challenge the alleged third DUI offense will depend on your unique case particulars and facts.

How to Obtain an Expungement After a DUI Conviction

Even if it is your third DUI offense conviction, you could qualify for an expungement under PC 1203.4. An expungement will allow you to withdraw your "no contest" or "guilty" plea to re-enter a new plea choice of "not guilty" and then have your case dismissed. If you are eligible for an expungement, it will release you from several detrimental consequences of a conviction.

One notable benefit is that once you obtain an expungement of your DUI conviction(s), you do not have to disclose to potential employers that you have a criminal record, increasing your chances of securing employment. Unfortunately, not everyone qualifies for an expungement under PC 1203.4.

Once your attorney files your PC 1203.4 petition, the court will hold a hearing to determine whether you deserve this post-conviction relief. To decide whether or not to grant your expungement petition, the court will consider the factors listed below:

  • Whether you are currently serving a jail sentence
  • Whether you adhered to the terms of your probation and completed it successfully as required
  • Whether you served a state prison sentence, but you could qualify for a county jail sentence under the new "Realignment" program under Proposition 47
  • Whether you are currently arrested or charged with any crime

If you do not qualify to expunge your DUI record, your attorney can help you seek other post-conviction relief options to avoid the negative collateral consequences of a conviction. You could be eligible to obtain relief for your DUI convictions by requesting any of the following:

  • A Certificate of Rehabilitation
  • A Governor's pardon
  • Commutation of a prison sentence

Find a Defense Attorney Near Me

With several years of experience defending clients charged with impaired driving offenses, our team of able DUI attorneys at California Criminal Lawyer Group can help you if you are facing a third DUI offense in Santa Ana.

We are ready to begin working on your case immediately to prepare the effective defenses you need during this emotional and challenging time to secure a desirable outcome on the alleged offense. The sooner you retain an attorney's services after an arrest on suspicion that you were impaired driving, the higher the odds of avoiding jail time or obtaining a reduced sentence.

We invite you to call us at 714-844-4151, regardless of the time or day, to schedule an appointment with our ever-available DUI attorneys if you are under arrest or investigation on suspicion that you were impaired driving.