DUI with a Prior: 3rd Misdemeanor DUI

LOS ANGELES THIRD DUI ATTORNEY
Just as with a first or second DUI, a third California DUI arrest (within 10 years of the first) will give rise to two separate proceedings: an Administrative Sanction from the DMV and a Criminal Case in a County Superior Court.

The DMV Administrative Per Se (APS) process is fairly similar, but carries enhanced penalties and importance.  You still have only 10 days from the date of arrest to request a DMV hearing to save your license.  Otherwise, your license will be suspended 30 days after your arrest.  Unlike the 4 month suspension associated with a first DUI, the administrative suspension on a third DUI is a 2 year suspension, and can be an additional year if your third DUI arrest involved a refusal of the chemical test.  Also, while a first DUI suspension permits a driver to obtain a restricted license (to drive to work and to DUI classes) after a 30 day "hard suspension" and 90 days before becoming eligible for a restricted license after a 90 day "hard suspension" period for a second DUI, for a third DUI, you may be ineligible for a restricted license for a full year.  Further, a third DUI requires installation of an Ignition Interlock Device (IID) for two years.  This makes the DMV hearing that much more important for repeat DUIs.  A California DUI attorney can help you save your license if the police lacked probable cause for your DUI arrest or cannot establish that your BAC was above .08 at the time of driving.

In Superior Court, the criminal penalties for a Third DUI arrest (within 10 years of a prior DUI arrest).  A third DUI carries more significant penalties and may be charged even if the first and/or second DUI was reduced to a "wet reckless".  A third DUI carries mandatory jail time (minimum of 120 days, up to one year) and fines.  It is often possible to convert some or all of the jail time to community labor or work release.  In addition, a third DUI may include a longer probation period (up to 5 years) and will require enrollment in and completion of a more intensive 18-month DUI school.

Third DUIs are misdemeanors unless there was an injury to someone other than the defendant or one of the priors is a felony because of injury or death caused to another.  For DUI's causing injury, it is up to the DA whether to file as a felony or a misdemeanor.  Having a prior DUI virtually guarantees that the DUI would choose to file a DUI causing injury as a felony. 

EXAMPLE:
Bob has been a bartender in the Los Angeles neighborhood of Los Feliz for 20 years.  He often leaves work smelling like alcohol, and occasionally has a few drinks during his shift.  15 years ago, Bob got his first DUI.  Then his second and third about 5-6 years ago.  He is now arrested for DUI again at a checkpoint on Hollywood Boulevard.  Due to the age of Bob's first DUI, he is not charged with a (Felony) Fourth DUI, but rather as a third DUI.  The Third DUI is still very serious and carries a minimum jail sentence of 120 days.

Bob did not blow into the PAS device or perform any field sobriety tests (he learned this the hard way, volunteering to do them in his earlier arrests).  At the station, to avoid a refusal and an immediate license suspension, Bob gave a blood sample and a blood test was performed.  The blood results came back at exactly .08.  The District Attorney, looking at Bob's history of DUI offenses, files the matter as a third DUI, alleging the two priors from 5 years ago.

Bob's Los Feliz Criminal and DUI Defense Attorney files a motion to have a blood sample handed over to an independent lab for re-testing.  The government uses a single column gas chromatograph, primitive technology.  The lab chosen by the defense attorney will use a more accurate, dual-column method.  Luckily, the independent testing yields a result of .07.  Bob is not guilty of the VC 23152(b), per se count.  Because he did not perform any field sobriety tests and was not observed to have driven poorly, Bob is able to get his case dismissed, and avoid the jail time, hefty fines and another misdemeanor conviction. 

If you or someone you know has been arrested or charged with a third DUI offense in California, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles DUI attorney.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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