THIRD DUI OFFENSE ORANGE COUNTY CA
Drunk driving is a serious crime in Orange County and with second, third and subsequent DUI offenses, the penalties become significantly more severe. In Orange County, a third DUI conviction not only results in extended jail time, more expensive fines and longer license revocation, such a conviction can also affect your employment, personal and professional relationships, and your insurance coverage, among other aspects of your life. In Orange County, a third DUI conviction stays on your criminal record for 10 years, which means anyone who runs a background check on you for employment, housing or education purposes will see that you were convicted of a third DUI offense. Our DUI defense lawyers at Seyb Law Group are passionate, aggressive and experienced, and we will work tirelessly to help you develop a strong defense in your Orange County DUI case. Contact our legal team at Seyb Law Group today to schedule a free, no-obligation consultation with a reputable Orange County drunk driving defense attorney.
Affordable Orange County DUI Defense Lawyer
Our criminal defense attorneys have represented countless Orange County residents in defending themselves against drunk driving charges and we will use the extensive resources at our disposal to help you get the best possible outcome in your DUI case. At Seyb Law Group, we give each drunk driving case the personalized attention it deserves, working right alongside clients and their loved ones, and that is what sets us apart from other criminal defense law firms in Southern California. We also offer a free initial consultation, which means you can have an experienced DUI defense attorney assess the strengths and weaknesses of your case with no obligation to hire our firm. If you do hire Seyb Law Group, you will work directly with a premiere Orange County DUI defense lawyer whose main goal is to help minimize the penalties associated with your drunk driving charges, or get your criminal charges reduced or dismissed altogether. Contact Seyb Law Group today to schedule a free initial consultation.
Driving Under the Influence – Third Offense
Under Orange County DUI law, it is illegal to operate a motor vehicle if you are under the influence of alcohol or drugs. According to the law, you are considered to be “under the influence” if you have a blood alcohol concentration (BAC) percentage of 0.08% or higher (for a person 21 years old or older operating a regular passenger vehicle), 0.04% or higher (for a person operating a commercial vehicle), or 0.01% or higher (for a person younger than 21 years of age). Orange County law also makes it illegal for motorists on probation for previous DUI offenses to drive with a BAC of 0.01% or higher.
California DUI Vehicle Code § 23152 (a) VC
Vehicle Code § 23152 (a) VC is the law that makes it a crime for a person to drive “under the influence of any alcoholic beverage,” meaning the person’s physical or mental abilities are impaired to the extent that they are no longer able to drive as well as a cautious sober person. This law sets the “subjective” standard for DUI in Orange County California. Vehicle Code § 23152 (b) VC sets forth the “per se” definition of drunk driving, which makes it illegal “for a person who has a 0.08% or more, by weight, of alcohol in his or her blood to drive a vehicle.”
Penalties for a Third DUI Conviction in Orange County
Every drunk driving case is unique and so not all DUI penalties are the same. The punishment associated with a DUI conviction depends a great deal on the circumstances of the case, including, but not limited to, the person’s age, license type and any previous convictions. For example, for a third offense misdemeanor DUI conviction within 10 years, a person 21 years or older operating a regular passenger vehicle with a BAC of 0.08% or higher could face the following criminal penalties:
- 120 days to one year in jail
- Driver’s license suspension for up to three years
- Up to five years of probation
- Up to $1,000 in fines
- Ignition Interlock Device (IID) installation
- 30 months of alcohol education classes
A DUI with injury may be charged as a felony offense in Orange County, punishable by 16 months to 16 years in state prison, up to $5,000 in fines plus restitution to the injured parties, driver’s license suspension for five years, and 18 or 30 months of alcohol education classes.
Additional Punishments for Third DUI Offenses
The state of California also has a “Three Strikes” law in effect, which delivers stiffer sentences to people convicted of multiple serious and violent felonies, and some DUI offenses fall under this law, including those involving DUI accidents, serious injuries or death. Under the Three Strikes law, individuals in Orange County convicted of a felony DUI with two previous felony convictions would automatically receive a sentence of 25 years to life, with the possibility of parole only after serving 25 years.
DMV Hearing and Criminal Court
Most people understand that being arrested for drunk driving can result in criminal charges, but there are actually two separate cases generated by a DUI arrest in Orange County: a DMV case and a criminal court case. Upon your arrest, your driver’s license will be immediately taken by the arresting officer and you will be issued a temporary permit, which is usually good for 30 days. This permit serves to notify you that you have ten days from the date of your arrest to request a hearing with the DMV. This DMV hearing is an administrative proceeding, the sole purpose of which is to decide on the suspension or revocation of your license. If you win the DMV hearing, you may be able to avoid having your license suspended. However, if you lose the hearing or you miss the deadline to request a hearing, your license will automatically be suspended at the end of the 30-day period. Although the DMV hearing is independent of your criminal case, your attorney will likely represent you at both the hearing and the criminal trial.
What to do After a Third DUI Arrest
Any time you are facing charges for a third DUI in Orange County, your future and freedom are on the line. Orange County DUIs are “priorable” offenses, meaning the punishment for drunk driving convictions are more severe with each successive conviction that takes place within a ten-year period. Needless to say, in Orange County, third DUI convictions can carry life-changing penalties. Almost immediately after your arrest, the District Attorney’s Office will begin building a case against you, and anything you do or say from this point forward can be used against you in criminal court. The following are the two most important things you can do to protect yourself after a third DUI arrest.
Don’t Talk to the Police
One of the biggest mistakes people make after being arrested for drunk driving is trying to explain themselves to the police. They believe that if they can just make someone understand that their arrest was all a big mistake, they can get themselves out of trouble. The most important thing to remember is that the police are not on your side, no matter what they say. Their job is to gather evidence to be used against you in your criminal case and any questions they ask you are posed with this goal in mind. When you are arrested, the arresting officer is required to read you the Miranda warning, and one of the most important rights included in the Miranda warning is the right to remain silent. By staying silent until your attorney is present, you can avoid accidentally making incriminating statements that may only harm your case. The police will likely continue questioning you until your attorney arrives, but you are not obligated to answer their questions. Furthermore, your choice to remain silent is not reason enough to convict you of the crime you are facing, nor is it considered obstructing justice, so long as you do not willfully “resist, delay or obstruct” a police officer in the performance of his or her duties.
Contact an Experienced DUI Defense Lawyer
If you have been arrested for drunk driving in Orange County, you have the right to legal representation and it is always a good idea to take advantage of that right, especially for a third DUI offense. DUI law is complex and constantly changing, and it is nearly impossible for someone without a background in DUI defense to be successful at trial. A third DUI offense carries stiff criminal penalties in Orange County and a conviction on these charges can affect the rest of your life. Therefore, your first course of action after a DUI arrest should be to find a competent lawyer to represent your case. But not just any lawyer will do. Hiring a DUI defense attorney who makes you feel comfortable and who has a good reputation and a proven record of success in defending DUI clients is the key to getting the outcome you want in your case. An experienced DUI defense lawyer will help you navigate the complexities of the legal process and will fight for your rights throughout the duration of your case.
Orange County Third DUI Defense
A third DUI isn’t an easy crime to defend yourself against, especially when confronted with a judge and prosecutor who will not look kindly upon a third-time offense. If you have been accused of driving under the influence in Orange County California, you need the help of a knowledgeable Orange County DUI defense attorney whose sole interest is to protect your rights. There are a number of legal strategies that can be utilized in your Orange County DUI case to defend you against charges that could adversely affect the rest of your life, and an experienced DUI defense lawyer will know what type of defense is most likely to result in the best possible outcome for your case.
Best Defense Strategies in Orange County DUI Cases
Being arrested for an Orange County DUI may seem like the end of the world, but there are certain things you can do to improve your chances of beating the charges. Remaining silent during your arrest and refusing Field Sobriety Tests can help your case, but at the end of the day, you will need a skilled DUI defense attorney to help you defend yourself against drunk driving charges. Some common defenses used in Orange County DUI cases include the following:
- The arresting officer did not have probable cause to make the initial stop
- The DUI arrest was unlawful
- There is not enough evidence to support the drunk driving charge
- Your Miranda rights were violated
- You successfully performed the Field Sobriety Tests
- The Field Sobriety Tests were improperly conducted
- The BAC results from the breathalyzer test were inaccurate
- Evidence relating to your breath or blood test was mishandled by police
How Hiring a DUI Defense Attorney Can Help
When you are arrested for a criminal offense like drunk driving, you have the right to represent yourself in court. However, it is extremely difficult for someone with no legal experience to handle a DUI case. Orange County DUI law is constantly changing, and the circumstances of every drunk driving case are unique. For this reason and many more, hiring a knowledgeable DUI defense attorney is critical to getting a favorable result in your case. Drunk driving cases are prosecuted and punished harshly in Orange County and it’s not enough to simply declare your innocence. You need an experienced criminal defense attorney who specializes in DUI defense, who will review the facts of your case, identify possible defense strategies and devise a plan to minimize the consequences of your charges. And with a free initial consultation, you can analyze the facts of your case with the help of an experienced attorney before making the decision to hire legal counsel.
Consult Our Reputable DUI Defense Attorneys for Help
Driving under the influence of alcohol or drugs is a crime that can affect nearly anyone, even someone who rarely drinks. Too often, we see people facing charges for drunk driving because they had one bad night where they drank too much and ended up getting arrested for a DUI. At Seyb Law Group, we are committed to helping clients in Orange County and the surrounding counties protect themselves against drunk driving charges, and we believe providing honest and aggressive legal representation is the best way to achieve that goal. For more information about Orange County DUI law and what to do after a DUI arrest in Orange County, contact our DUI defense attorneys at Seyb Law Group today.