Orange County Criminal Defense Attorney
Tustin, California Call (714) 589-3063
A third DUI within ten years is a very different case from a first DUI. Jail exposure becomes a major concern, the driver's-license consequences become more serious, and what you do before the case is resolved can matter.
What Should I Do Now? ↓ Call 714-589-3063When someone comes into my office after a third DUI arrest, there are usually two immediate questions: “Am I going to jail?” and “What can I do about my driver's license?”
Those are legitimate concerns. But I also want to know exactly what happened in the new arrest, when the prior convictions occurred, whether the alleged priors legally count, what the blood or breath evidence shows, whether there was an accident or refusal, and what the person has done since the arrest.
The prosecution still has to prove the current DUI case, the alleged prior convictions must be evaluated, and sentencing can depend heavily on the individual facts and circumstances.
The stop, driving evidence, field sobriety tests and chemical-test evidence still need to be examined.
Dates and the nature of the prior convictions matter when determining whether this is legally a third offense.
With substantial custody exposure, treatment and documented proactive steps can become an important part of the strategy.
I discuss the practical issues that come up when someone is facing a third DUI and why preparation should begin well before sentencing.
A third DUI conviction within the applicable lookback period can bring substantially greater consequences than a first or second offense. The precise outcome depends on the charge, prior record and facts of the case.
Jail exposure is real in a third-offense case. But there is an important difference between understanding the statutory consequences and assuming you already know the sentence you will ultimately receive.
The result can depend on the facts of the new arrest, the prior record, aggravating circumstances, negotiations, available custody alternatives, treatment history and the particular resolution of the case.
That is why I do not like waiting until the day of sentencing to begin addressing the custody problem. If treatment, sobriety, classes or other mitigation make sense, those issues should be considered early.
A more useful approach is to defend the current case while simultaneously developing a credible plan addressing the concerns a judge and prosecutor are likely to have about another DUI arrest.
The driver's-license proceeding is separate from the criminal case. Do not ignore the DMV paperwork simply because you also have a court date.
Police reports are only the beginning. Depending on the case, body-worn camera, dashcam, chemical-test records and other evidence may need review.
Determine exactly what the prior cases were, their dates and whether they qualify as prior DUI offenses for purposes of the current case.
When appropriate, documented treatment, self-help meetings, counseling or other structured recovery efforts can become part of a meaningful mitigation plan.
Depending on eligibility and the ultimate sentence, electronic confinement, treatment-related options or other custody arrangements may need to be explored.
This part gets confusing because there can be more than one DMV consequence.
The administrative DMV action arising from the arrest is separate from the driver's-license consequences that can follow a DUI conviction. A third non-injury DUI conviction within the applicable period can result in a three-year revocation, and repeat-offender IID requirements may also apply.
A chemical-test refusal can create additional and different DMV consequences. Because the licensing analysis depends on the person's prior record, the current arrest and whether there was a refusal, it is important to look at the actual DMV record rather than assume every “third DUI” produces exactly the same licensing path.
The criminal court case and DMV proceeding are related to the same arrest, but they are separate proceedings with different issues and consequences.
A high alleged alcohol level can affect negotiations and sentencing exposure.
An accident—particularly one involving injury—can substantially change the seriousness and potential charges.
An alleged refusal can create separate DMV consequences and additional issues to litigate.
A new arrest occurring while still on probation from another DUI presents additional complications.
Having a child in the vehicle can create additional allegations and sentencing concerns.
The timing, nature and circumstances of prior DUI cases can influence how the current case is handled.
Learn how to review discovery, video, reports and chemical-test evidence.
DMV Hearing Guide →Understand the driver's-license issues that can arise after a DUI.
Restricted License Guide →Learn about electronic confinement and alternative custody issues in Orange County.
House Arrest Guide →If police claim you refused chemical testing, additional DMV issues may apply.
DUI Refusal Guide →Understand what to expect when the criminal case first reaches court.
First Appearance Guide →Return to the main DUI resource for additional information about DUI cases.
DUI Defense Guide →Generally, the current case is treated as a third offense when there are two qualifying prior DUI-related convictions within California's applicable ten-year lookback period. The exact prior record should be reviewed rather than assumed.
No. A third DUI can still be prosecuted as a misdemeanor. However, injuries, certain prior felony DUI convictions or other circumstances can dramatically change the potential charges and consequences.
A qualifying third DUI conviction carries mandatory custody consequences. The ultimate result, available alternatives and how custody is served can depend on the case, negotiations, eligibility and the court's orders.
In an appropriate case, beginning legitimate treatment or self-help efforts early can demonstrate that the person is addressing the underlying issue. The right approach depends on the individual circumstances.
A prior alcohol-related reckless-driving disposition can have priorable consequences in a later DUI case. The actual prior court record should be reviewed.
An arrest by itself is not the same thing as a qualifying prior conviction. The disposition of the old case matters, so the court record should be examined before determining the current offense level.
Yes. The prosecution still has to prove the current DUI. Issues involving driving, the stop, officer observations, video, field sobriety tests and blood or breath evidence may still be relevant.
The earlier we look at the evidence, the prior convictions, the DMV issues and your mitigation options, the more information we have to build a plan for both the criminal and driver's-license sides of the case.
Call 714-589-3063 Schedule a Consultation