Experienced Marin County DUI Attorney for Third DUI Offenses

If you are facing a third DUI in Marin County, you need experienced legal representation. As a result of your first two DUIs, you already know the substantial consequences that can result from a DUI conviction. The consequences of a third DUI can be even greater—and fighting to avoid these consequences needs to be your top priority. This starts with hiring an experienced Marin County DUI attorney to represent you.

Our attorneys provide experienced legal representation for individuals who are facing third DUIs in Marin County. If you have two prior DUIs from the past 10 years, you are likely facing a third-offense DUI under California law. This is an extremely serious matter that could impact your life for years to come, so you cannot afford to take chances. When you schedule a free consultation at Brownstein Law Group, P.C., a DUI defense attorney at our firm will explain everything you need to know; and, if you choose to move forward, your attorney will get to work on your case right away.

Potential Penalties in Third DUI Cases

Under California law, the penalties for a DUI conviction increase with each subsequent conviction within a 10-year period. Each of the following can count as a prior offense if incurred within the past 10 years:

• A prior DUI conviction in California (including a conviction for having a BAC over the legal limit or for “driving under the influence” without a BAC reading);
• A prior DUI conviction in another state; and,
• A “wet reckless” conviction in California or another state following a DUI arrest.

Penalties for a Third DUI in Marin County

If you receive a third DUI conviction in Marin County, you will be subject to all of the penalties imposed for third DUIs under California law. These penalties include:

Jail (or Prison) Time

In standard cases, a third DUI carries between 120 days and one year in jail. However, if you are being charged with a felony DUI (i.e., because you caused a serious or fatal accident or you have a prior felony DUI conviction), you could be facing multiple years of prison time.

Probation

Third DUI convictions also carry three to five years of probation. As you may know already, if placed on probation for a DUI, you will be subject to various restrictions and requirements—and violating any of these restrictions or requirements can have serious consequences.

Fines and Penalty Assessments

Third DUIs carry fines ranging from $390 to $1,000. However, if convicted of a third DUI in Marin County, you can also face “penalty assessments” that add thousands of dollars to the cost of your DUI. These are on top of the fees and court costs you will owe. Additional charges can lead to additional financial penalties as well.

Driver’s License Suspension or Revocation

In California, a third DUI can lead to either a three-year driver’s license suspension or permanent license revocation. If you are unable to drive as a result of your conviction, you will need to find another way to get all of the places you need to go—and this will also add to the costs of your DUI. If you are eligible to have your driver’s license reinstated in the future, you will need to pay a fee in order to do so.

Mandatory DUI School

Similar to first and second DUI convictions, third DUI convictions will also typically result in being sentenced to DUI School. For a third DUI, you will most likely have to attend DUI School for 30 months—and you will have to do so at your own expense.

Mandatory Ignition Interlock Device (IID) Installation

If your license is not revoked, you will need to install an ignition interlock device (IID) on your vehicle in order to restore your driving privileges (in addition to paying the costs involved in reinstating your driver’s license). This comes with both up-front and monthly fees in California.

Additional Consequences of a Third DUI Conviction

Along with the penalties listed above, third DUI convictions can lead to a variety of non-judicial consequences (or “collateral consequences”) as well. Depending on your individual circumstances, you could be facing collateral consequences including:

Financial Consequences

Third DUI convictions can lead to increased auto insurance premiums (which alone can cost you thousands of dollars) as well as higher interest rates on loans and other financial consequences.

Career Consequences

Prospective employers will consider your criminal history when deciding whether to offer you a job; and, if you have a professional license, a third DUI could lead to a professional license suspension or revocation.

Academic Consequences

If you are in school, a third DUI could lead to academic discipline as well. Depending on your disciplinary history and other pertinent factors, you could be facing disciplinary action up to and including expulsion.

Immigration Consequences

If you are a non-U.S. citizen, a third DUI conviction could have serious immigration consequences as well. The government could use your DUI conviction as a basis for seeking detention and removal; and, even if you aren’t removed from the United States, your conviction could impact your eligibility to renew your visa or seek lawful permanent resident (LPR) status.

Can You Avoid Jail Time for a Third DUI?

As discussed above, third DUI convictions in Marin County carry 120 days to one year in jail—assuming you are not facing any additional charges stemming from your DUI arrest. Given that this is the case, is it possible to avoid jail time for a third DUI?

The answer to this question is, “Maybe.” While it is possible to avoid jail time in many cases, there are no guarantees. Depending on the circumstances of your case and how you choose to approach your defense, your options for seeking to avoid jail time may include:

• Seeking probation in lieu of jail time;
• Seeking to be placed on house arrest instead of being sentenced to jail; or, 
• Seeking a plea bargain that avoids jail time.

Before you pursue any of these options, however, it will be important to ensure that you understand all of the implications involved. For example, if you go on house arrest, the police may be able to search your home. Additionally, while seeking a plea bargain may allow you to avoid jail time, this still results in a conviction on your record.

5 Important Steps To Take After a Third DUI Arrest in Marin County

With all of this in mind, what can (and should) you do to protect yourself if you are facing a third DUI in Marin County? Here are five important steps you should take as soon as possible:

1. Write Down Everything You Can Remember About Your Arrest

You should write down everything you can remember about your arrest. If the police violated your constitutional rights during your arrest, this could provide you with a defense in court. No detail is too small—if you can remember anything about your traffic stop or the subsequent chain of events, write it down to share with your Marin County DUI attorney.

2. Request a DMV Hearing

Along with facing consequences in court, you can also lose your driver’s license before your court date. To avoid this, you must request a hearing with the Department of Motor Vehicles (DMV) within 10 days of your arrest. If you aren’t sure how to request a hearing, your attorney will be able to help.

3. Avoid Talking or Posting About the Night of Your Arrest

At this stage, you should avoid talking about the night of your arrest with anyone. You should not talk to the police, and you should not discuss your arrest with friends, colleagues, neighbors or family members. Likewise, you should not post about the night of your arrest on social media. If you do, prosecutors may be able to use your posts against you.

4. Make Sure You Don’t Get Arrested Again

When you are facing a third DUI in Marin County, you need to be extremely careful to avoid getting arrested again. A fourth DUI within 10 years can be prosecuted as a felony under California law. Even if you don’t get arrested for drunk driving, getting arrested for any violation of California law could make it more difficult to negotiate a favorable plea deal or seek leniency from the judge.

5. Schedule a Free Consultation with a DUI Attorney

Given the risks and challenges you are facing, you need an experienced Marin County DUI attorney on your side. To help give yourself the best chance of avoiding unnecessary consequences, you should schedule a free consultation as soon as possible.

Request a Free Consultation with a DUI Attorney at Brownstein Law Group, P.C.

Do you need an attorney for a third DUI? If so, we encourage you to contact us right away. To request a free consultation with an experienced attorney at Brownstein Law Group, P.C., call us at 415-965-6183 or contact us online today.