Like other states, California takes drinking and driving very seriously due to the harm it can cause others. As such, those found in violation of this law will face serious consequences for their actions. If you’re charged with this offense for the third time, understanding the penalties you can incur for these charges is critical. The following blog explores the severity of a third DUI charge and how a DUI lawyer in Sacramento, California may be able to assist you through these challenging times.
What Are the Penalties for a Third DUI Charge?
In California, you can face a DUI if you are discovered with alcohol in your system that inhibits your ability to safely operate a vehicle, or have a Blood Alcohol Concentration (BAC) of 0.08% or higher.
If charged with a DUI for the third time, the penalties you can face can be intense. Not only do you face between three months and one year behind bars, but you can also incur hefty fines of up to $3,000 and up to five years of probation. The terms of your probation will always include driving with no alcohol in your system, submitting to testing, and committing no other crimes. You will also lose your license for three years, which can turn into a restricted license after 18 months,
It’s important to note that penalties can increase if there are aggravating factors associated with your arrest. For example, if you are driving at unsafe speeds, refuse to submit to a breath test, cause an accident, or have a minor under 14 in the vehicle with you, the consequences will be much more severe.
What Should I Do if I’m Facing Criminal Charges?
If you’re facing a third DUI and want to avoid jail time, understanding the steps you can take is critical. Generally, the most important thing you can do is connect with an experienced criminal defense attorney who can examine your unique circumstances to determine the best course of action for your situation.
Your attorney may be able to negotiate a plea deal with the prosecution to have your charges reduced or avoid incarceration by opting for a rehabilitation program.
However, your attorney may also be able to put up a strong defense to help absolve you of the charges. For example, they may be able to prove that the traffic stop conducted by the officer was unlawful, meaning any evidence collected at the scene should be deemed inadmissible in court. Similarly, they may be able to prove that the breathalyzer used to conduct the BAC test was defective or not calibrated correctly, rendering the results of your test false.
As you can see, the penalties for this offense can be intense, so it’s in your best interest to connect with an experienced criminal defense attorney who can guide you through these complex issues. At the Law Offices of Dale R. Gomes, our firm has the experience necessary so you can feel confident that your case is in good hands. Contact us today to learn more about these matters.