A 3rd DUI Offense in Riverside Means Mandatory Jail Time
Riverside Third DUI Attorney Group
For some people who have multiple DUIs on their record, they are immediately under suspicion for intoxicated driving if stopped by law enforcement for a traffic violation or perceived erratic driving behavior. If you have had two previous DUI convictions, you should be aware that you will scrutinized closely if stopped for any reason and you should take steps to exercise your rights. A third DUI conviction in Riverside, if the other two were within the past 10 years, can result in loss of your driver’s license for 3 years and mandatory jail time along with a number of other severe penalties. It is in your best interests to promptly contact one of our defense lawyers from the Riverside DUI Attorney Group under these circumstances. Don’t face this alone, a third DUI offense in Riverside can be devastating in many ways! We’ll help keep you out of jail, reduce your fines and prevent you from losing your job because of your 3rd DUI. Call (888) 754-9860 to schedule a Free consultation with us now.
Your Rights if Stopped by Law Enforcement
Many drivers who are stopped on suspicion of DUI are on probation for their last DUI conviction, which can last 5 years. A standard condition of probation is that you do not drink and drive at all and if stopped, to fully cooperate with police. This does not mean that you have to incriminate yourself but it does mean you cannot refuse to perform any FST test that an officer requests that you take nor take the PAS, or handheld preliminary alcohol screening test. You must also submit to chemical or breath testing. Should you no longer be on probation, you are not required to perform any FST test or take the PAS but you cannot call an attorney to decide whether to take the breathalyzer or to submit to a blood test. You can call one of our Riverside DUI Attorney Group lawyers after you are placed under arrest.
If you are found with any degree in your BAC from testing or if you refuse to take one or to perform any of the other tests, you may face possible incarceration for violating conditions of your probation, If so, you will need a lawyer from the Riverside DUI Attorney Group to represent you on this as well as the DUI charges that. In many instances, our attorneys can have the probation reinstated. If you do refuse to submit to a breathalyzer or blood test, however, it can be used as evidence of your guilt at trial. It is also considered an aggravating condition that can lead to additional jail time, a higher fine longer license suspension period and other penalties.
Administrative Per Se Hearing
If arrested, you should be aware that you are entitled to an Administrative Per Se (APS) hearing regarding your license suspension if you requested the hearing within 10 calendar days after your arrest. The Riverside DUI Attorney Group lawyers routinely handle license suspension hearings before the DMV, providing us an opportunity to learn the basis for the opinions of the arresting office, the procedures that were followed and how the blood or breath test was administered. We also aggressively contest the results of the breathalyzer.
The following issues are addressed at your hearing:
- Was there probable cause to stop you
- Was your arrest legal
- If your BAC was 0.08%
- Did you refuse testing if properly requested
Sentencing for a Third DUI Conviction in Riverside, CA
The penalties for a third DUI conviction in 10 years are found in CVC Section 23546(a):
“If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her driver’s license to the court in accordance with Section 13550.
(b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.”
To summarize, your typical sentence may be as follows:
- Mandatory minimum time of 120 days in county jail
- An added 10 days if you refused testing
- An alternative to jail of home detention with electronic monitoring device
- Private jail setting instead of county jail
- Fine of $390 to $1,000 with additional costs and assessments
- DUI program for 18 to 30-months
- Habitual Traffic Offender (HTO) status for 3 years
- 3-year suspension of driver’s license or 10 years to life if considered an alcoholic
- Restricted license available after one year
- No restricted license if you are deemed a threat to public safety
- No restricted license if you refused testing
- Installation of an ignition interlock system on car
As indicated, one of our lawyers from the Riverside DUI Attorney Group can request that you spend your sentence at home under the electronic monitoring program called SCRAM. If available, you could spend your sentence in a private jail setting that is separate from the county jail.
Defenses to a DUI
In many DUI trials, the validity of the breath or blood sample result is often the main topic. In many cases, an experienced defense lawyer can attack the procedures used to administer it, any external factors that can influence it and any other challenges including:
- The breathalyzer was not properly serviced or maintained
- The technician or officer who administered the test was not certified
- Guidelines were not followed in administering it
- Any one or more of 50 factors we can introduce to contest your BAC results
- There were reasonable explanations for your driving conduct and performance on FSTs
- Your BAC was much less than 0.08% when you were driving since your test was taken hours later
- There was no probable cause to stop you
- There was no probable cause to arrest you