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Third Offense DUI

If you or a loved one has been arrested for a third offense DUI, you should immediately contact Orange County DUI attorney William Weinberg. Mr. Weinberg has years of experience defending those who have been charged with a DUI, including a third DUI offense. Being convicted of a DUI for the third time carries a mandatory jail term of 120 days; as such, it's imperative that you hire an experienced DUI attorney to defend you so that you don't go to jail for that long. A good DUI lawyer will be able to negotiate better terms for you, such as house arrest and/or community service. So, contact Mr. Weinberg for a free consultation.

Punishment for a Third Time DUI

If you're convicted of a third DUI offense within a ten (10) year period, you should know that there is a mandatory jail sentence of 120 days and the judge may order you to go to jail for a maximum of twelve (12) months, you may be ordered to pay a fine of up to $1,000, there is a DMV suspension of your driver's license for two (2) year and if you don't get an IID (ignition interlock device) installed, your license will be suspended for three (3) years. Also, for a third time DUI, you will be ordered to complete a thirty (30) month DUI education program. Also, the court typically placed third time DUI offenders on three (3) to five (5) year probation. So, what are the conditions for probation? We will discuss these below.

Third Offense DUI Probation Conditions

If an individual is convicted of a third time DUI, the court typically orders the individual to be placed on three (3) to five (5) years of informal probation. While a defendant is on probation, he usually agrees not to do the following:

  • He must not drive with any measurable amount of alcohol in his system
  • He must not refuse to submit blood, urine, or breath samples for testing if he's arrested for a subsequent DUI
  • He must not commit other crimes while he is on probation
  • He must attend a certain number of alcoholics anonymous (AA) meeting or narcotics anonymous (NA) meetings each week
  • Enroll in and complete MADD Program (Mothers Against Drunk Driving)
  • Pay restitution to any victims (if he injured a person or property of another)

If an individual violates any of the terms of his probation, he may be sent to jail to complete his jail sentence. As such, it is very important for an individual to comply with the terms of his probation.

Increased Punishment

The penalties that we mentioned apply to an individual was arrested for a third offense DUI; however, there are some aggravating factors that the prosecution may use to increase the severity of the punishment. These factors include the following:

  • Having a blood alcohol level of 0.15% or more
  • Causing an accident while you're intoxicated
  • Refusing to undergo a chemical test after you've been arrested
  • Driving erratically or at very high speeds
  • Driving while you are under the age of 21 at the time you're arrested
  • Driving while under the influence while you have a child under the age of 14 with you in the vehicle

The prosecution considers these factors as aggravating factors and therefore warranting a harsher punishment to prevent you from committing a subsequent DUI. Also, a conviction for a third time DUI will lead the DMV to label you as a habitual offender. Being labeled as a habitual offender allows the prosecution to use this status to increase the penalties and punishment that you face for subsequent crimes that you commit. If you are in the unfortunate situation of being charged with drunk driving for a third time, contact Orange County DUI lawyer William Weinberg, he has a ton of experience representing those who have been charged with a DUI. He will represent you throughout the legal process and ensure that he achieves the best possible outcome for you.

Can you get a Third Time DUI Expunged?

Fortunately, yes, you can get a third-time DUI expunged and removed from your criminal record. To get it expunged from your record, you must complete the terms of your probation, meaning that you have to serve the three (3) to five (5) years of probation, pay your court fines and any restitution, once you've satisfied these terms, you'll be able to file a petition to have your conviction expunged from your criminal record.

Contact an Attorney

If you or a loved one has been charged with a third offense DUI, you should immediately contact Orange County DUI Attorney William Weinberg, he has experience fighting for those who've been charged with a DUI, so whether this is your first, second, third, or even fourth DUI, contact Mr. Weinberg to represent you and achieve the best possible outcome for you.

Orange County DUI Lawyer Blog - DUI

Anyone who is arrested should contact an experienced Orange County DUI Criminal Defense Attorney to determine whether or not their Fourth Amendment rights against unreasonable searches and seizures, were violated.

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