Getting your third DUI conviction in California comes with a mandatory jail sentence. The best way to avoid jail time for a third DUI is to beat your charges. If you cannot, a lawyer may be able to get your jail sentence converted to rehab, house arrest, or a work release program.
You absolutely should have a lawyer helping you with your case if this is your third DUI. Without one dedicated to your defense, winning your case or getting your mandatory jail sentence moved to a different system will be much harder.
An experienced Los Angeles DUI lawyer may help you avoid incarceration. You can discuss your legal options when you call or complete our online contact form to speak with a DUI lawyer in your area.
What Happens After a Third DUI Conviction?
If you’re facing a third DUI conviction, you already know that California has harsh penalties for DUIs. A third DUI conviction means the court can make you:
- Serve a mandatory jail sentence between 120 days and one year.
- Pay fines of up to $1,000 and several thousand more in court assessment fees.
- Forfeit your license for up to three years.
- Join California’s statewide ignition interlock device (IID) pilot program and install a device in all vehicles you regularly drive at your own expense.
- Be labeled as a habitual traffic offender for three years, meaning any traffic infractions you face will come with substantially harsher penalties.
A DUI conviction remains on your record for ten years from the date of your DUI arrest. If you receive another DUI in California in 10 years, this conviction will count against you. In California, a fourth DUI conviction will be charged as a felony and come with even harsher penalties.
Dismissal of Your Charges Could Help You Avoid Jail Time
You may avoid jail time after a third DUI in California if your criminal defense attorney can get your charges dismissed. The court may dismiss charges for drunk driving offenses if an attorney shows that law enforcement officers arrested you without cause.
The court may also dismiss your case if your lawyer shows that the prosecution has insufficient evidence to proceed with a case. You can discuss this option with a professional law firm after an arrest.
Keep in mind that the court is less likely to dismiss charges for a third DUI than a first-time DUI offense. You can work with a lawyer to learn how a motion to dismiss can get rid of DUI charges.
How Could the Charges Be Dismissed?
Even in cases where you have previous DUI convictions, it is possible to beat a DUI charge. A skilled DUI lawyer will evaluate your case to see if:
- There was probable cause for the officer to initiate the arrest
- The police correctly used chemical tests to determine your blood alcohol concentration (BAC)
- There are alternate explanations for your BAC, such as rising BAC or certain medical conditions.
If there are enough deficiencies in the prosecution’s case, your attorney may bring you success and keep you out of jail for a third DUI in California.
You Could Avoid Incarceration by Getting Your Charges Reduced
A California DUI attorney may help you avoid incarceration by reducing your charges through a plea bargain offered by the prosecution. Plea bargains require you to plead guilty to a less severe offense, which will come with different penalties.
You should know that the prosecution often doesn’t offer plea bargains for drivers accused of a DUI for the third time. However, an experienced DUI attorney may advocate successfully for this solution in some situations.
A Lawyer May Discuss Alternatives to Jail Time if Charges Cannot Be Dropped or Reduced
As stated above, a third-offense DUI in California comes with a mandatory jail sentence if the court convicts you. Typically, individuals will serve that sentence at a jail in the county where they committed the offense.
However, judges have some discretion in how you serve that mandatory jail time. Under California Penal Code § 2900.5, a judge may order you to serve the mandatory jail sentence in a different setting.
For DUI cases, you may be able to meet the terms of the mandatory jail sentence in:
Rehab
Rehab is an unlikely sentence for most first-time DUI offenders, but judges may be more inclined to send a third DUI offender to a detox or rehabilitation program. These facilities will help you deal with your addiction to alcohol on a physical and emotional level.
After your release from the rehab facility, you will likely have to attend regular meetings as part of the treatment process.
Admission to a rehab facility instead of jail time may only be possible for defendants who show remorse and a willingness to accept responsibility for their actions. Especially with the advocacy of a lawyer, judges may be willing to offer more lenient sentences to such defendants.
House Arrest
The judge may allow you to serve the term of your jail sentence under house arrest. Court officials will fit you with a location tracker to handle electronic monitoring. You will have to pay for this tracker.
You will mostly stay in your house, but you may be allowed a limited amount of time to go to work, attend alcohol treatment, or handle other responsibilities. In keeping with the terms of your house arrest, your home may be subject to random searches by the police.
Get the Legal Help You Need to Avoid Jail Time for Your 3rd DUI
How can you avoid jail time for a third DUI in California? You may avoid incarceration if your lawyer secures an alternative sentence, gets your charges dismissed, or helps you negotiate a plea bargain for a sentence that doesn’t involve jail time.
In all these cases, you’ll need a lawyer to avoid the standard penalty of at least 120 days in jail. You can discuss your situation with a DUI lawyer when you call or complete our online contact form. Here are the areas we serve in Southern California.
