Whether you are facing felony or misdemeanor third DUI charges, facing a probation revocation for being on DUI probation, you owe it to yourself to get former DUI Prosecutor DUI attorney Richard Wagner on your side.
Only a DUI defense attorney like Richard Wagner who has the knowledge of the right defenses to fit the facts of your particular case can effectively represent you in court and at DMV for your third DUI.
If you are not granted probation for your third DUI:
Within 10 years of prior convictions under Vehicle Code 23013 as specified in 23103.5 (wet reckless), 23152 or 23153.
Mandatory imprisonment, fine and penalties:
(1) Jail time: 120 days to 1 year,
(2) Fine: $390 to $1000, plus penalty assessments,
(3) DMV will revoke license for 3 years,
(4) Habitual traffic offender for 3 years,
(5) Vehicle impound for 1-90 days.
If you are granted probation for your third DUI:
Mandatory imprisonment, fine and penalties:
(1) 3 – 5 year probationary period,
(2) A requirement you do not: drive with any measurable amount of alcohol in your blood; refuse a blood or breath test to determine your blood-alcohol content on arrest for a violation of California Vehicle Sections 23152 or 23153; and commit a criminal offense.
(3) Jail time: 120 days to 1 year,
(4) Fine: $390 to $1000. plus penalty assessments,
(5) Complete an 18 month DUI program if you have not previously successfully completed a program,
(6) DMV revokes license for 3 years,
(7) Habitual traffic offender for 3 years,
(8) Vehicle impound for 1-90 days.
Penalty assessments, fees, and state surcharges. These significantly increase the base fine (mentioned above) and includes an assessment for alcohol abuse education and prevention programs. And, if applicable an assessment for county alcohol and drug problem assessment programs.
Designation as habitual traffic offender. You must be designated as a habitual traffic offender for 3 years subsequent to conviction. The court must require you to sign an affidavit acknowledging this designation.
License revocation. The DMV must revoke your driver’s license for 3 years. The DMV will not reinstate your license until you file proof of financial responsibility (SR-22) and proof of successful completion of a DUI program.
Surrender of license. If your driver’s license is required or ordered to be suspended or revoked by the DMV under any section of the California Vehicle Code on conviction of a DUI offense, you must surrender your license to the court upon conviction.
Third DUI – Defend Against Excessive Punishment
The prosecutor will ask the court to consider your blood alcohol level, refusal to take a chemical test, children 14 or under in the car, accidents, flight from an accident scene and other facts to increase your punishment.
If your alcohol level was .15% or .20% or more, the court must consider this as a special factor in determining additional or enhanced terms and conditions of your probation.
If you had a minor passenger age 14 or younger in your vehicle, mandatory jail of 48 hours in county jail unless you are also convicted of Penal Code Section 273a.
If you were under 21, the court must suspend your license for an additional 1 year.
If you drove 30 mph over the speed limit on the freeway (20 mph for other roads) and in a manner prohibited by Vehicle Code 23103 the judge must sentence you to additional 60 days in county jail.
Vehicle impound and forfeiture. If you have had two or more prior convictions within the last five years, the court must order impoundment of the vehicle used in the offense at your expense up to 90 days. If you have been convicted of California Vehicle Code Section 23152 and have 2 or more separate convictions within seven years, the court may declare your vehicle a nuisance and order it to be sold, if you are the registered owner.
Ignition interlock device. If conviction was for the use of alcohol, the court must require you to install an ignition interlock device (IID) on any vehicle you own or operate for 2 years.
Restitution. The court must (1) impose a restitution fine of no less than $150 and not more than $1000 (and if probation granted an additional probation revocation restitution fine in the same amount), and (2) order restitution to any victim for any economic losses incurred, unless the court finds compelling and extraordinary reasons for not doing so.
Participation in county alcohol and drug program. The court must order you to attend a county alcohol and drug problem program if you have previously been convicted of a violation of California Vehicle Code Sections 23152 or 23153 that occurred more than 10 years ago.
Sentencing Laws and penalties get more expensive and severe and the consequences of a third DUI conviction and DMV license suspension or revocation extend further into your lifetime.
Whether your third DUI is rejected by the DA, reduced to a lesser charge, dismissed or you are acquitted at trial, The Law Office of Richard Wagner, A Professional Corporation, will protect and defend your Constitutional Rights and ultimately see that you get back on the road at the earliest possible time. Do not delay. Pick up the phone and call 714-721-4423 and start making things better.