San Diego Third Offense DUI Lawyer

Each subsequent DUI arrest within 10 years in California puts you at risk for increasingly harsher penalties. If you face a third DUI offense, the prosecution will likely seek the harshest penalties against you, including mandatory jail time and massive fines. 

The best way to fight back in these circumstances is to engage the services of a DUI defense lawyer with a strong track record of accomplishments in this field. At The Law Offices of Casey & Angelos, you can work with a top-rated attorney whose entire career has focused exclusively on California DUI and, more particularly, on those cases with challenging factors. These factors are those commonly subject to stiff penalties that can lead to career and job loss, financial distress, and other hardships.

We serve clients throughout San Diego County, Orange County, and Riverside County. 

Schedule a free consultation with our San Diego third-offense DUI attorney by submitting your contact details online or calling (619) 930-5490. 

Understanding Third Offense DUI Charges in California

Third-offense DUIs in California are still charged as misdemeanors, provided you did not cause an accident. 

When you are charged with a third DUI, the court will enhance the penalties, such as mandatory jail time. You are not actually charged with a separate count for a third DUI. Instead, you will be charged with DUI under Vehicle Code 23152(a) & (b), and the prosecutor will allege you have two prior DUIs or reduced alcohol-related driving offenses within 10 years of your third DUI.

What the prosecutor must prove to convict you of a third offense DUI is identical to a first and second DUI, with one exception: the prosecutor must also prove you were convicted of two prior DUIs or alcohol-related driving offenses within 10 years. 

If your priors are in California, then the prosecutor can obtain the abstract of judgment, which may prove the priors. But our experienced DUI lawyer may be able to challenge the validity of the priors if your case is handled properly.

Strategies for Challenging Prior DUIs

Although the priors may be valid, strategies exist to challenge them. For example, the courts consider the 10-year period to run from the date you were convicted of the priors to the day you were arrested for the third DUI. The court can enhance the penalties if the priors are within the 10-year window. 

If your priors are close to the 10-year mark, you need to speak to an exclusive DUI firm. A firm that focuses only on DUI defense, such as The Law Offices of Casey & Angelos, may be able to challenge the priors as being outside of the 10-year window.

Handling Priors from Outside California

You can still be charged with a third DUI if your prior DUI convictions occurred outside of California. This also applies to convictions for reduced alcohol-related driving offenses in other states. However, our firm may be able to challenge these priors as well; you need to discuss the unique circumstances of your case with our attorney.