Can you avoid jail time after a third charge for driving under the influence (DUI) in California? You may be able to avoid time behind bars if you resolve your charge without a conviction. Your case could get resolved if your charges are:
- Cleared in court
However, a conviction for a third DUI generally results in jail time. Focus on other penalties for a third DUI with this article. You can also learn defenses for California DUI charges.
Time in Jail for a Third DUI in California
Before we focus on DUI defenses, let’s review the penalties for a conviction. You are unlikely to avoid jail time if you are convicted of a third DUI in California. In fact, you may face a:
- Minimum of 120 days in jail
- Maximum of one year in jail
You may face this amount of jail time for a misdemeanor DUI conviction. Some drivers are charged with a felony DUI in California. Felony charges are generally used if someone was hurt or killed in a DUI accident. You may, for example, face felony charges for a DUI causing injury.
Conviction for a felony DUI may result in years of time in prison, instead of jail. Generally, the prison system is harsher than your local jail. You may want to take immediate steps to get help if you’re charged with a misdemeanor or a felony. Call (310) 896-2723 to learn more about your options.
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Other Legal Penalties for a Third DUI Conviction
You may end up facing other penalties after a third DUI conviction in the state of California. In many cases, you may end up dealing with:
- The use of an ignition interlock device (IID)
- Time in DUI school
IIDs are in common use around the state of California at this point. Even a first-time DUI offense could require a driver to use an IID. These portable breathalyzers hook to your car. They won’t let you start your engine if your blood alcohol content (BAC) is elevated.
You may need to use an IID for two years after a third DUI conviction. Note that you may, technically, refuse to use an IID. However, refusal may result in the suspension of your driver’s license for three years. Using an IID allows you to continue operating your vehicle, even if you are convicted.
Take Steps to Get a Third DUI Charge Dismissed or Reduced
You should only face jail time after a DUI if your charges are not resolved in your favor. You can start working with a DUI lawyer in California to avoid jail time. When you are ready to discuss your specific case, get in touch with our team by calling (310) 896-2723. Depending upon your situation, a lawyer may be able to get your charges dismissed.
The court may dismiss DUI charges if there is not a lot of evidence against you. A lawyer can work to block the results of your BAC test to limit evidence regarding your charges. Your lawyer may also take steps to show that you were stopped without reasonable cause.
You might also consider getting your DUI charges reduced. Charges are generally reduced if you accept a plea bargain from the prosecution. However, the prosecution may not offer a plea bargain for a third DUI in California. Plea bargains are more likely offered for a first DUI offense.
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Build Your Defense for a Third DUI Offense
A charge for a third DUI could go to court in California. You can work with a lawyer to build your defense after you are arrested for a DUI. Your lawyer can focus on the specifics of your case when working on your defense. A lawyer may dispute evidence by arguing that:
- An officer waited too long to perform a BAC test.
- The BAC tests were not stored properly prior to use.
- The tests were handled incorrectly in the lab.
Building a defense could allow your lawyer to bring you a not-guilty verdict in court here in California. Get personal help on your side by contacting a law firm right now.
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Discuss Methods to Avoid Jail Time After a Third DUI
A conviction for a third DUI may lead to jail time in California. However, you may be able to avoid a conviction by working with a DUI lawyer. Find out more about the best way to handle your DUI charges by contacting the Simmrin Law Group.
You can reach out to us easily by calling (310) 896-2723. You can also fill out our online contact form.
We can provide you with a free consultation immediately.