3rd Offense DUI – Consequences of Conviction
Possible Consequences of a "Third Offense" Driving Under the Influence Conviction in California.
Individuals convicted of a "Third Offense" DUI, the law allows for the court to order a jail sentence ranging from a statutory minimum of 120 days and up to but not to exceed one-year in county jail. In most cases, the custody element of a DUI can be negotiated down or even eliminated with competent representation. However, as the amount of DUI priors increase, the difficulty in avoiding jail also increases. Despite the difficulty of totally eliminating a custody sentence attached to a third offense DUI, the convicted individual may be allowed to serve his or her custody in a work release program "Cal-Trans" program rather than actual custody.
All individuals convicted of a third offence DUI will likely be burdened with significant fines. Despite the fact that fines imposed by the court on any misdemeanor convictions are not to exceed $1,000 for each violation, the court consistently orders the defendant to pay both penalty assessments and court costs. When combined, the total of these additional "fees" is often greater in total than the actual fines imposed. In total imposed fines, penalty assessments and fees range from $1,500 to $2,500. If your attorney is successful at reducing your fines, the amount you save in fines and assessments may be equal to or even greater than the amount you paid for legal representation. You may also have the option of converting fines to custody, work release or even volunteer work. Many convicted clients pay nothing to the court.
Third offense DUI conviction means the convicted individual may be required to complete a Multiple Conviction DUI class. This class is eighteen months in duration and costs more than $1,000. In rare instances, a defendant could be ordered to complete a thirty-month class at a substantially higher cost. Remember that every case is different.
For defendants who were arrested within the county of Los Angeles and subjected to the Los Angeles County Superior Court system, a third offence DUI conviction will require the defendant to install an IID (Ignition Interlock Device) for every vehicle he or she owns or operates. The duration the IID must be installed is approximately two years from the date of the conviction. The one exception to this IID installation requirement is when the defendant neither owns nor operates a motor vehicle. Under these circumstances, the defendant must be approved by the DMV on waivers. Even if successful at avoiding the IID through waivers, you will not be eligible to obtain a license of any type until the two year IID period has passed.
Retaining the services of an aggressive DUI Defense Attorney is an important decision you will need to reach if hoping to avoid a third conviction for Driving Under the Influence. Doing so may allow for the reduction fines and/or the duration of the ordered alcohol program. Further, successfully negotiations through a strong offence may mean the reduction or even the avoidance of custody. The legal professionals at this firm have a combined knowledge base of nearly 30 years. With this experience, we have been successfully representing defendants of DUI charges in both court and DMV proceedings. You may contact our office to further discuss the specifics of your case.