3rd California DUI in 10 Years – How to Challenge a DUI Charge

Don Hammond:            Hi. I’m Don Hammond, your local DUI attorney and criminal defense hero. Today, I want to talk a little bit about what happens when you’re arrested for a third DUI within 10 years in the state of California.

                                    DUIs are a priorable offense, which means that each time you’re arrested for a new DUI, the possible penalties are increased. On a third DUI, the maximum jail sentence is one year. [00:00:30] There’s a minimum jail sentence that applies also, and what we generally see is 120 up to about 180 day, which is six month, uh, county jail sentence.

                                    In addition to the jail time, which is very difficult to avoid, if it’s possible to avoid it at all on a third DUI, in addition to that jail time, you’re looking at increased fines, um, of at least, uh, $500 on the base fine, uh, with penalties and assessments that comes out to at least $2,500 [00:01:00] in fines.  You’re also going to be attending an 18 month alcohol awareness, uh, driver’s education program, as well as a Mothers Against Drunk Driving program, and a hospital and morgue program, um, all designed to provide you additional information to help you make better choices in the future.

                                    Um, however, there are a variety of ways to challenge DUI charges, and those apply just [00:01:30] as much to a third arrest as they do to a first arrest. For example, if the police didn’t actually see you driving. That may be a good DUI defense. Um, if there’s a problem with the way that they conducted the blood or breath test, that may be a good DUI defense that applies to a third DUI just as much as it can apply to a first DUI.

                                    I have the same training that the police have in terms of DUI investigations and how they conduct their field sobriety test, and how they determine whether [00:02:00] to make a … an arrest. And all of their procedures are just as applicable to a third DUI as they are to the first one.

                                    Um, I represent people on DUI cases throughout Los Angeles and Orange Counties and beyond, and I would be happy to help. So, give me a call at triple A DUI Hero, or hit the website at donhammondlaw.com. I would be happy to take a look at your DUI case and see if there are any defenses that can help you avoid going to jail or additional penalties on [00:02:30] that third DUI.

                                    Thank you for watching, and have a great day.