Third Offense DUI Lawyer in Murrieta & Temecula
What is a Third Offense DUI?
A misdemeanor third offense DUI is codified in Vehicle Code section 23152, subdivisions (a) and (b). It means that you have previously been convicted of DUI twice within the last 10 years - offense date to offense date (not conviction date to offense date).
Often, people have "out of state" prior convictions (i.e., DUI convictions from other states), that Temecula prosecutors will attempt to allege as a priorable DUI offense. However, not all prior DUI convictions from other states can be alleged as prior DUI convictions, because some states have different DUI laws. The prior DUI offense must qualify as a DUI if it was charged and proven in California.
Persons arrested for DUI are typically charged with two offenses. The first is Vehicle Code section 23152(a), which says that the person drove a vehicle without the care and caution of a sober person. The second is Vehicle Code section 23152(b), which says that the person drove a vehicle with a Blood Alcohol Concentration of .08% or greater.
If you are arrested for a third offense DUI in Murrieta or Temecula, it is best to speak with a local Murrieta or Temecula DUI lawyer regarding the potential charges.
Do I have Defenses to a Third Offense DUI in Temecula?
Yes! You have defenses to a third offense DUI. Please click here to read about DUI defenses. Even if the defenses in your case aren't available, a local Temecula | Murrieta DUI lawyer can help your case resolve much more favorably.
What Happens to my Driver's License for a Third DUI?
Fighting for your driver's license requires that your DUI Attorney engage in two battles: one with the DMV regarding your Administrative Per Se (APS) suspension; and another battle with the court.
The DMV will automatically suspend your license 30 days after a DUI w/ alcohol arrest for 36 months, unless your DUI attorney requests an APS Hearing within 10 days of your arrest. Make sure your Temecula | Murrieta DUI Attorney is familiar with the DMVs practices for APS Hearings and that they have obtained set asides ("won DMV Hearings") before.
You can obtain a restricted license after 18 months with the installation of an ignition interlock device (breathalzyer) in your car.
With respect to the court battle, if you're convicted of a third offense DUI, the court will order the DMV to suspend your license, regardless of whether or not you won your DMV Hearing. You've got to win on both sides.
A Murrieta DUI lawyer can help fight for your license and guide you through the DMV’s complicated restricted license provisions.
What is the Punishment for a Third Offense DUI?
Please take a look at this chart regarding DUI punishments. The punishment for a third offense DUI can vary by locale. An experienced Murrieta and Temecula DUI defense lawyer can help explain what your potential punishment may be if convicted.
What Should I Do?
Reach out to DUI Attorneys in your area. Hire a local Temecula | Murrieta DUI attorney by deciding which one you feel comfortable representing you.