DUI is a priorable crime in California. A prior DUI conviction on your record will affect the penalties you receive for subsequent DUIs. Even though the first, second, and third DUIs are all misdemeanors, their penalties are graver as the number of prior DUI convictions in your record within ten years increases. For example, a third DUI will have graver penalties than a first or second DUI.

A skilled criminal attorney can help you understand how your criminal record impacts your current charges if you face third-offense DUI charges in Bakersfield. The California Criminal Lawyer Group can offer quality advice and protect your rights. We understand the complex legal process and offer to help you navigate it successfully. We can also use the best legal defense strategies to fight your charges and compel the court to dismiss or reduce your charges.

How a Third-Offense DUI Happens

Every time you are arrested and convicted for an offense, you receive a criminal record that impacts your life in several ways. For example, it could affect your social and professional lives and the penalties you receive for a similar conviction in the future. DUI is an offense whose prior convictions affect similar charges and convictions in the future. If you have one or more DUI convictions on your record within ten years and are arrested within the same period, it will affect your penalties for the current DUI conviction.

When the prosecutor files a third DUI charge against you, it means that you have two prior DUI convictions within ten years. It means your penalties for the current charge will be graver than what you received for the first and second offenses. A third DUI charge occurs if you have two prior DUI convictions or two prior convictions for wet reckless within ten years. The prosecutor must conduct a background check after receiving your file following an arrest for DUI. They do so to determine if you are a first or subsequent offender and how your prior convictions impact your current charges.

A DUI charge typically starts with a stop by the traffic police. The stop could be routine at a DUI checkpoint or after you commit a traffic infraction. Once an officer stops you on the road or at a DUI checkpoint, they can investigate you for DUI if they suspect that you could be operating the vehicle under the influence of alcohol or drugs. The investigation could start with a few questions and preliminary tests, including a breathalyzer test. If the results intensify the officer’s suspicion that you are driving while intoxicated, they could arrest you for a DUI. The officer will charge you with a DUI for operating a vehicle while under the effect of drugs or alcohol.

The officer will conduct further investigation after your arrest to determine the level of alcohol or drugs in your blood system. Remember that DUI laws prohibit the following:

  • Operating a vehicle under the influence of alcohol and/or drugs
  • Driving while your blood-alcohol concentration is 0.08% or more (for ordinary drivers) and 0.04% or higher for commercial drivers

The officer can ask you to provide a breath sample, whereby they use a breathalyzer to determine your BAC. Alternatively, they can order you to give a blood test to determine your BAC and the kinds of drugs in your system. These tests are mandatory and provide compelling evidence that you were indeed operating a vehicle under the influence of alcohol and/or drugs. Note that you can still face DUI charges even if your BAC is at or below the standard level. If you were driving recklessly, the prosecution can use that to convince the jury that you were operating under the influence of alcohol or drugs.

That is why you need the help of a skilled criminal attorney to fight your DUI charge and avoid a conviction. Fortunately, criminal attorneys have several defense strategies to fight DUI charges. For example, they can fight for case dismissal if the arresting officer failed to read your Miranda rights during the arrest. They can also compel the court to dismiss your charges if the officer did not have probable cause for your arrest.

Penalties for a DUI arrest start immediately after your arrest. The arresting officer will take your driver’s license and later give you a temporary license you can use for thirty days. You must defend your license within those thirty days to continue using it. To do that, you must request a DMV hearing within ten days of your arrest. If not, the DMV will suspend your license for the period required under the law. Typically, the suspension can last up to two years for a third DUI.

What The Prosecutor Needs to Prove

A DUI arrest does not automatically result in a conviction. You must go through a trial whereby the prosecutor proves all elements of the offense for the jury to deliver a guilty verdict. You can also defend yourself with evidence and statements to compel the judge to reduce or dismiss your charges.

Here are the facts of a third DUI that the prosecutor must prove in court:

You Were Driving a Vehicle

Only a driver can face DUI charges if they operate a vehicle under the influence of alcohol or drugs. Thus, the prosecutor must first demonstrate that you were driving a car when the police stopped, investigated, and arrested you for a DUI. They must show that you were physically controlling a car, not merely sitting in it. An officer cannot arrest you for DUI if you are sitting behind the wheel of a parked vehicle.

The prosecutor can easily prove this if an officer stops you at a DUI checkpoint or highway. The prosecutor can also argue that the car keys were in the ignition during your arrest. You are also presumed to be the driver of a moving vehicle if the officer finds you sitting in the driver’s seat.

You Operated a Vehicle While Under the Influence

The prosecutor must also demonstrate that you were operating a vehicle under drugs or alcohol influence at the time of your arrest. The officer could have figured this out after stopping you at a DUI checkpoint or after you committed a traffic infraction. For example, your physical appearance (like bloodshot eyes) could indicate intoxication. The officer could also have reported that your breath smelled of alcohol. If you agreed to preliminary DUI tests and failed, the prosecutor can use that to demonstrate that you were operating under the influence.

Your BAC Was Higher Than The Allowed Standard

DUI laws have specific BAC standard levels for different drivers. For example, an ordinary driver must not drive with a blood-alcohol concentration of 0.08% or more; a commercial driver must not have a 0.04% or more BAC. Minor drivers (below 21) must not operate a vehicle with any alcohol or drugs in their system. The prosecutor will use your BAC test results to demonstrate that you were driving while under the effects of drugs or alcohol. If you exceed the standard BAC limits, the prosecutor will use your test results as evidence that you were operating a vehicle under drug or alcohol influence.

The police use breath, urine, or blood samples to test the level of alcohol and the nature of drugs in a driver’s system. A breathalyzer is the most commonly used tool to test a driver’s BAC levels. If a driver cannot provide a breath sample (for example, if they are unconscious), the police can test their blood or urine for drugs or alcohol.

You Have Two Prior DUI Convictions Within Ten Years

The prosecutor must also demonstrate that the current DUI charge is a third since you have two prior DUI-related convictions within ten years. Any DUI conviction that occurred earlier than ten years will not affect your current DUI charge.

If they prove all these elements, the judge will declare you guilty of a third DUI and proceed to sentencing.

Plea Bargains Before Trial

Remember that DUI is a serious offense that results in severe penalties upon conviction. You can face jail or prison time, pay a hefty court fine, and lose your driving privileges after a DUI conviction. However, working closely with a skilled criminal lawyer can change the outcome of your case. For example, your attorney can negotiate with the prosecutor for a plea bargain before trial to reduce your charges and penalties.

Criminal trials are expensive, tedious, and time-consuming. Prosecutors are always ready and willing to plead down charges, provided that the defendant pleads guilty to an offense and accepts the penalties provided under the law for that offense. Thus, the prosecutor could agree to plead down your third DUI charge to a less severe offense like wet reckless. Then, you will not face harsh penalties.

But before agreeing to a plea bargain, ensure you understand the benefits and disadvantages of doing so. An experienced attorney will take time to explain what a charge reduction through plea bargains entails, how it will benefit your situation, and the likely penalties. For example, you could still receive a jail sentence after a plea bargain. However, the charge reduction could result in a more lenient sentence and a zero chance of losing your driver’s license.

Even if you agree to a plea bargain, the final decision lies with the prosecutor. They could grant your attorney’s request or deny it altogether. For example, if the prosecutor has compelling evidence against you and is sure of obtaining a guilty verdict in a trial, they will not quickly agree to a plea bargain. But if you have an aggressive attorney and the prosecutor is unsure of winning the case, they can soon agree to reduce your charges.

The benefit of going through plea bargains is receiving a reduced charge, which comes with a reduced sentence. For example, the gravity of a wet reckless conviction is not as strong as that of a DUI conviction. Additionally, you do not experience the uncertainty of a criminal trial. There is usually no way to tell how the jury will rule in your case. Accepting a charge reduction is a good idea if its terms are more favorable than what a conviction presents.

However, if you accept a plea bargain, you must plead guilty to a less severe offense and await the judge’s sentence. It means that you will have to face a penalty for your actions. The judge can sentence you to jail or probation, depending on the details of your case. They could also order you to pay a court fine and any other penalty. Here are some advantages to accepting a plea bargain:

  • You could avoid a mandatory driver’s license suspension that follows every DUI arrest.
  • You receive fewer penalties and fines than you would receive for a DUI conviction.
  • If you receive a jail sentence, it will only be for a few days or months
  • A wet or dry reckless conviction comes with less stigma than a DUI conviction
  • A wet or dry reckless conviction will have a reduced impact on your auto insurance

However, a prior wet reckless conviction within ten years will still affect your current DUI or wet reckless charge. Also, a wet reckless conviction (after a charge reduction) will earn you points on your driving record.

The prosecutor can suggest a plea bargain if the prosecutor does not have compelling evidence against you or the arresting officers who misconducted themselves during an arrest or crime investigation. In that case, their suggestion could be for a minor infraction like a traffic infraction, whose conviction only requires you to pay a court fine.

Possible Penalties for a Third-Offense DUI

The first, second, and third DUIs are all misdemeanor offenses under the law. However, that does not mean that their penalties upon conviction are lenient. Remember that DUI is a severe offense that results in hefty penalties. A third DUI conviction within ten years will have graver consequences than a first or second conviction. Here are the penalties the law provides for a third DUI conviction:

  • Misdemeanor probation for one to three years
  • 120 days to one year in jail
  • $2,500 to $3,000 in court fines and penalty assessments
  • A mandatory requirement to install an IID system in all vehicles you use for two years
  • Mandatory requirement to attend and complete a DUI program for 30 months
  • Driver’s license suspension for two years
  • You will be a registered habitual traffic offender by the DMV

The judge will choose the penalties to give you during sentencing based on the details of your case and your criminal history. The penalties can be as they appear under the law, or the judge can make some changes.

For example, they can sentence you to misdemeanor probation instead of jail. It means that you will serve your entire sentence out of incarceration. However, misdemeanor probation typically lasts longer than jail sentences. You could be on probation for up to three years. Within that period, the judge will give you probation conditions to abide by. For example, they will require you to attend and complete a DUI education program, not to commit any crime, and to provide periodic progress reports to the court. You must adhere to those conditions without fail. Otherwise, the judge can revoke your probation and send you to jail for the required period.

Sometimes, the judge can impose heftier penalties than the law provides for a third DUI. Here are some of the circumstances that could result in graver penalties:

  • If your BAC at the time of your arrest was 0.15% or more,
  • If you failed to submit to chemical testing after arrest,
  • If you caused a road accident while operating while under the influence
  • If, at the time of your arrest, you had a passenger in the vehicle who was a minor under 14. That could result in additional charges for child endangerment
  • You were operating the vehicle at an incredible speed. That could result in an additional sixty days to your jail sentence.
  • You have a serious criminal history.

If the judge sentences you to probation, they could also require you to seek gainful employment to remain within the court’s jurisdiction. You will also be required to refrain from the use of alcohol and/or drugs and could be subjected to random checks throughout the probation period. The judge could also order you to wear a SCRAM that will monitor your alcohol levels throughout the probation period.

Fighting Third-Offense DUI Charges

A third DUI charge within ten years is a big deal. Remember that DUI is a priorable offense, and your prior convictions determine the penalties you receive for the current charge. But you could avoid a conviction and the severe penalties that come with it by fighting your charges in court. You can do that with the help of a competent criminal attorney. Fortunately, skilled attorneys can use various legal defense strategies to fight criminal charges and obtain a fair outcome. Here are some of the techniques your attorney can use in your situation:

You Were Not Operating The Vehicle

A DUI charge is brought against a driver who is operating a vehicle under the influence of alcohol and/or drugs. You cannot face DUI charges if you are not operating a vehicle. Remember that one of the elements of this offense that the prosecutor must prove to obtain a guilty verdict is that you were driving a vehicle when the police stopped, investigated, and arrested you for DUI. If that is not the case, then your attorney can call for a case dismissal.

It could be that you were parked by the roadside, and the officer assumed that you were driving or about to drive the vehicle while intoxicated. The judge will dismiss your charges if you prove you were not operating the vehicle during your arrest.

The Officer Did Not Have a Probable Cause for Arrest

Police officers must have probable cause for stopping and investigating motorists for DUI. Random DUI stops, and investigations are only allowed if a well-planned DUI checkpoint exists. Even at a DUI checkpoint, officers must adhere to a particular criterion when stopping and investigating motorists. If an officer stopped you randomly and started investigating you for DUI, any evidence they gathered is not admissible in court.

The Arresting Officer Misconducted Themselves

Police misconduct during arrests and criminal investigations is not allowed. The law has detailed guidelines on how officers must conduct themselves when handling members of the public. For example, an officer must be gentle and not aggressive, even when they face resistance from a suspected offender. If you feel that the arresting officer mishandled you during the arrest or failed to follow the required procedures, your attorney can use that in our favor. Any evidence the officer will have gathered against you is inadmissible in court.

The Officer Failed To Read Your Miranda Rights

It is straightforward to incriminate yourself due to the fear and tension of an arrest. That could be so, especially if the arresting officer is intimidating. The law requires police officers to read and ensure you understand your Miranda rights before arresting you. These rights include the right to an attorney and the right to protect yourself from self-incrimination. If the officer did not read your Miranda rights, your attorney can fight for the inadmissibility of any evidence they gathered from you after your arrest.

Find a Skilled Criminal Defense Attorney Near Me

The legal process that follows a DUI arrest is complex. That makes it challenging to navigate without legal help. It is advisable to consult with a skilled criminal attorney if you or your loved one is facing third-offense DUI charges in Bakersfield.

A third DUI will likely result in grave penalties upon conviction, including time in jail, a driver’s license suspension, and a hefty court fine. We can help you understand your charges' legal implications and options at California Criminal Lawyer Group. We can also fight your charges alongside you for the best possible outcome for your case. Call us at 661-750-8230 to learn what your charges entail and what we can do for you.