A third DUI arrest in San Diego County carries significantly more severe consequences than previous offenses, including the second and first DUI arrests. The possible outcomes may be daunting for both your DMV and court cases, including jail terms and driver’s license revocation or suspension. You have to fight a two-front war against the DMV and the criminal court to save your future.
A strategic defense is essential to mitigating the life-altering penalties you now face. You can fight the charges and navigate the complicated legal procedures with the help of a reputable DUI attorney. At San Diego DUI Attorney, we are committed to representing you at your DMV hearing, protecting your rights, and striving for the best possible outcome.
You Have 10 Days To Save Your License Against Automatic Suspension
Immediately following a DUI arrest in San Diego, you are allowed exactly ten calendar days to act to save your driving privileges. Immediately following a DUI arrest in San Diego, you have precisely ten calendar days to act to preserve your driving privileges. After the arresting officer confiscates your physical license, they will issue a pink ‘Notice of Suspension’ form.
It is a temporary license valid for 30 days and informs you that the DMV plans to suspend your license automatically. This is referred to as an Administrative Per Se (APS) suspension and is a civil matter independent of your criminal case.
This 10-day deadline is strict and includes weekends and holidays. To appeal the automatic suspension, you or your attorney must contact the San Diego DMV Driver Safety Office and request an administrative hearing. Failure to do so within this critical window will result in an automatic one-year license suspension, commencing immediately after your 30-day temporary license expires. Without action, you will forfeit your driving privileges according to the DMV’s terms.
Second, this waiting time gives your attorney the priceless time that is necessary to subpoena evidence, research the details of your arrest, and carefully develop a defense strategy to use during the hearing. This initial, crucial step is the only chance you have to dispute the DMV case against your license.
DMV vs. Criminal Court
To successfully go through a third DUI, you must realize that you are engaged in two different and unrelated legal battles at the same time, each with its own rules, goals, and decision-makers. The first one is the DMV Administrative Hearing, and the second one is the case in the San Diego Criminal Court. The two proceedings cannot be treated interchangeably, and a win in one does not mean a win in the other.
DMV Administrative Hearing
The DMV Administrative Hearing is all about one thing and one thing only: the status of your driving privilege. A DMV hearing officer, not a judge, presides over the hearing and is an employee of the DMV. The time frame of this action is urgent, as is emphasized by the 10-day period within which the hearing should be requested. The level of evidence required by the DMV is much lower than that required by criminal court.
They just have to prove a preponderance of the evidence, which is that they must demonstrate that it is merely more likely than not that you were driving with a BAC of 0.08 or higher. The most crucial difference is that you do not have a right to a public defender in this administrative proceeding; you have to pay your attorney. The immediate punishment that the DMV can give for the third offense is a one-year license suspension.
San Diego Criminal Court
In sharp contrast, the San Diego Criminal Court Case deals with ascertaining guilt or innocence under the criminal law of California and punishment in the event of a guilty verdict. The judge and, in case you decide to go to trial, a jury of your peers are the decision-makers here. The criminal case is a long process, and it can take months to be completed by arraignment, pre-trial conferences, and a possible trial.
The burden of proof is far greater on the prosecutor: beyond a reasonable doubt, the most stringent standard in the American legal system. It is your constitutional right to have an attorney; in case you are unable to hire one, a public defender will be assigned.
The criminal sanctions are much greater and broader than can be imposed by the DMV. A third DUI conviction results in a three-year license suspension (a more severe measure than suspension), at least 120 days imprisonment, devastating fines, and so much more.
Penalties for a Third DUI Conviction
A third DUI offense conviction within ten years under the California Vehicle Code 23152 is a misdemeanor. Nevertheless, it has penalties that are far more serious than a first or second offense. These are not mere possibilities, but most of them are compulsory and life-changing.
Mandatory Jail Sentence
If convicted of a third DUI, you will spend at least 120 days in jail and a maximum of one year in San Diego County jail. There is not much discretion that judges can exercise to waive this mandatory minimum sentence, and a strong legal defense is required.
Court‑Ordered Three‑Year License Revocation
Although the DMV hearing is concerned with a one-year suspension, a conviction in a criminal court leads to an automatic three-year license revocation. This court-ordered revocation overrides anything that the DMV does. It is a total revocation of your driving license, and the process of restoring it is a long and painful one.
Debilitating Financial Costs
The monetary costs are debilitating. Although the minimum fine in case of a third DUI can be between $390 and $1,000, this is a deceptive figure. Once you add all the “penalty assessments” and court fees, it is not uncommon to be ordered to pay anywhere between $10,000 and $18,000. This is not to mention the high expenses of a long DUI program or the skyrocketing insurance rates.
Probation Requirements and Conditions
You will also be put under formal probation for three to five years. This comes with stringent terms that you have to follow to prevent additional jail time. These conditions usually consist of a zero-tolerance policy towards alcohol and driving (you are not allowed to drive with any detectable amount of alcohol in your system), the willingness to take any future chemical tests in case of arrest on suspicion of DUI, and the willingness to obey all laws.
30‑Month Court‑Approved Education Program
A conviction would mean that you have to attend and finish a 30-month court-approved DUI education program. It is a significant time investment aimed at dealing with the habitual impaired driving behavior.
Habitual Traffic Offender (HTO) Designation
The DMV will label you a three-year Habitual Traffic Offender (HTO). This position implies that any further driving violations, including driving on a suspended license, will be punishable by increased penalties, including increased mandatory jail time.
To clarify what can be considered a prior offense, both ordinary DUI convictions and wet reckless (a popular plea bargain) convictions that have occurred within the past 10 years (counted from arrest date to arrest date) will be held against you.
Felony DUIs and Aggravating Factors
Although the typical penalties associated with a third DUI are already harsh, some factors involved in your arrest can exponentially augment your punishments, which are called aggravating factors. The prosecution uses all these to demand longer jail terms, and your lawyer will find it hard to negotiate a reasonable plea bargain.
Chemical Test Refusal
A Chemical Test Refusal is one of the most serious aggravating factors. The law in California is
referred to as the implied consent, which implies that by driving in California, you have consented to take a chemical test (blood or breath) in the event that you are lawfully arrested on suspicion of DUI.
Denying this test results in a chain of increased penalties. A third time and a refusal means a three-year mandatory hard revocation of your license, i.e., you cannot get a restricted license within this time. It also adds extra mandatory jail time to the sentence on the DUI conviction itself, usually 10 days on a third offense.
High Blood Alcohol Concentration (BAC)
Another enhancement is a high blood alcohol concentration (BAC). Although the legal limit is 0.08%, in the event that your BAC is 0.15% or more, the court may sentence you to a more severe punishment, such as a longer DUI school program and more jail time. Even more severe consequences will be observed in the case of a BAC of 0.20 or above.
Child Endangerment
Child endangerment is driving under the influence with a passenger under 14 years of age in the car. This will result in other, independent criminal charges and jail time enhancements that will be added to your base DUI sentence.
Excessive Speed Enhancements
Driving under the influence of excessive speed also causes an enhancement. This is usually classified as traveling 20 mph above the speed limit on a surface street or 30 mph above the limit on a freeway. An enhancement of a conviction imposes a 60-day jail term that is consecutive and mandatory.
Accident or Injury Upgrades
The worst aggravating circumstance is the occurrence of an accident or injury. When your driving under the influence causes an accident, which results in the injury of another individual, the offense can be upgraded to a felony under Vehicle Code 23153. A DUI conviction as a felony carries a sentence to state prison, possibly years, particularly when the victim has a significant bodily injury.
Your Defense Strategy
An experienced and competent San Diego DUI lawyer possesses an impressive array of legal tactics to counter the prosecution at each step. The objective is to find flaws in the evidence and procedural flaws committed by law enforcement to safeguard your rights and get the best possible result. This can be the drop of the case, a decrease in charges, or a minimum of penalties.
Motion to Suppress Evidence (Penal Code 1538.5)
Pre-trial motions are usually the first step of the defense. A motion to suppress evidence under Penal Code 1538.5 is one of the most effective. The move questions the legality of government actions. Your lawyer will analyze the police report and any video footage that exists to see whether the officer had the legally necessary reasonable suspicion that he needed to stop you in the first place.
In case the initial traffic stop was illegal, all the evidence collected after the stop, such as your statements, the results of a field sobriety test, and the results of a chemical test, can be suppressed or excluded in court. An effective suppression motion can leave the prosecutor with no case, and they must dismiss it.
Motion to Strike Priors
A motion to strike priors is another necessary pre-trial motion. Your lawyer will carefully research your past DUI or wet reckless convictions. In the event that there was a prior conviction that was obtained in a manner that infringed upon your constitutional rights, such as the failure to advise you of your rights prior to entering a plea.
Then it is possible to have the prior struck. In case of the success of this motion, your third DUI offense may be downgraded to a second or even a first offense, which significantly decreases the possible punishment.
Challenging Chemical Test Evidence
An essential element of the defense is to attack the evidence itself. Results of chemical tests, which appear to be conclusive evidence of guilt, are usually unreliable. Your lawyer can challenge the BAC test by proving that the breathalyzer machine was not properly calibrated or was not properly maintained, or that the officer who conducted the test was not properly trained.
In the case of blood tests, they will look into whether the vial had the right amount of anticoagulant and preservative and whether the blood was collected as per the rigid procedures set out in the Title 17 regulations of California.
Physiological Defense Strategies
Physiological defenses, like mouth alcohol due to dental work or GERD contaminating a breath sample, or a rising blood alcohol level (your BAC was lower when you were driving than it was when you were tested later), may also work.
Discrediting Officer Observations & FSTs
In addition to the science, your lawyer will discredit the subjective observations of the officer. The so-called objective signs of intoxication, such as red eyes or slurred speech, may have innocent explanations. The Field Sobriety Tests (FSTs) are notoriously unreliable, and even sober people can hardly pass them flawlessly. Your lawyer can reveal the weaknesses in the administration of the tests or claim that the results were invalid due to poor lighting, uneven surfaces, or your physical condition. Your attorney can destroy the basis of the prosecutor’s case by revealing the weaknesses of the police report and by cross-examining the arresting officer aggressively at the DMV hearing and in court.
The IID and Restricted Licenses
Once you receive a third DUI conviction, the road to legally driving again is a long one, and it is focused on demonstrating to the DMV that you are no longer a threat on the road. The license cancellation that the court issued is a big obstacle, but there is a way to restore some driving rights as per California law.
Ignition Interlock Device (IID) Explained
The first is by an IID-restricted license. An Ignition Interlock Device (IID) is a miniaturized breathalyzer that is professionally fitted in the ignition system of your car. You are required to give a breath sample before you can turn on the vehicle. The engine will not start if the device detects any alcohol. The IID will also demand that you supply random rolling samples when you are driving to make sure that you have not taken alcohol since you began your journey.
You must generally serve part of your revocation period, install the IID (a required two years), give the DMV evidence of SR-22 insurance (a certificate that you have high-risk auto insurance) and evidence of enrollment in the 30-month DUI program, and pay all related DMV fees to qualify to obtain this limited license. This license will permit you to drive anywhere as long as it is in an IID-equipped vehicle.
Hard 18‑Month Waiting Period Option
There is an older, far harsher, and less frequently used option for a restricted license. This is the waiting period of a hard 18 months of your three-year revocation period, when you are not allowed to drive.
Once that time is over, you can then request a restricted license, which will only permit you to travel to and from work during the time you are employed and to and from your DUI program. This alternative also involves the installation of an IID, and the IID-restricted license with more flexibility is the better choice for the majority.
Sentencing and Jail Alternatives
Facing a minimum of 120 days in county jail can be daunting. Nevertheless, an aggressive and informed San Diego DUI lawyer knows that the term mandatory does not necessarily imply spending every day in a brick-and-mortar jail.
County-specific programs and creative sentencing options are available, which can be negotiated as alternatives to straight jail time, especially where there are mitigating circumstances in your case, or you are willing to participate in intensive rehabilitation.
DUI Court Program
The DUI Court program exists in many counties, such as San Diego. This is a very structured, court-supervised program that uses intensive treatment and monitoring instead of a long jail term. They are not required to participate, but it is a rigorous program that can include numerous court appearances, required counseling, and alcohol and drug testing. Completing it successfully can lead to a much shorter jail sentence.
House Arrest and Electronic Monitoring
In some cases, a judge can be persuaded to serve the sentence through house arrest by using electronic monitoring. This is where you are restricted to staying in your house, and an ankle bracelet monitors you. You are generally only allowed to leave to attend approved activities such as work, school, medical visits, and your DUI program.
Residential Treatment or Sober Living
In situations where it is clear that there are serious substance abuse problems, your lawyer can negotiate to have your sentence served in a residential treatment facility or a sober living home. This offers a controlled and nurturing setting that has an emphasis on recovery, which can be much more rehabilitative than prison.
SCRAM Bracelet Monitoring
The SCRAM (Secure Continuous Remote Alcohol Monitor) bracelet is another instrument. It is an ankle bracelet that constantly checks your sweat to see whether you have consumed alcohol or not and reports to a monitoring agency and the court. Wearing an SCRAM bracelet for a longer time may, in some cases, be used as a bargaining chip to demand less real jail time since the person will be completely sober.
Expunging Your Record
The DUI conviction may haunt you years later, making it difficult to get a job, a house, and a professional license. Nevertheless, California law provides a way to reduce this long-term harm by means of expungement. In accordance with Penal Code 1203.4, after you have served your full probation term, for example, paid all fines, attended the DUI school, and have not broken any laws, you can request the court to expunge your conviction.
An expungement does not erase the conviction from your record, but it fundamentally alters the case’s status. The court allows you to withdraw your original plea, enter a new plea of not guilty, and then dismisses the case. This can be tremendously beneficial. When most private sector employers conduct a background check, the conviction will show as dismissed.
This enables you to truthfully and legally state on most job applications that you have not been convicted of that crime. This allows you to answer truthfully and legally that you have not been convicted of that crime on most job applications.
It is crucial to understand the limitations of an expungement. It does not reverse any license suspension or revocation imposed by the DMV. Furthermore, an expunged DUI conviction does not prevent it from being counted as a prior offense for future DUI charges.
If you have another DUI within the 10-year look-back period, the expunged conviction will still be considered to enhance the penalties for the new offense. Despite these limitations, expungement remains an important final step toward moving forward with your life after a conviction.
Find a San Diego DUI Attorney Near Me
A third DUI offense incurs significantly harsher penalties than previous charges. However, a strategic and aggressive defense can profoundly impact the outcome of your case. You are currently engaged in a two-front legal battle, and the critical 10-day clock to challenge the DMV’s automatic license suspension has already begun ticking.
Do not face the formidable legal systems of the San Diego courts and DMV alone. At San Diego DUI Attorney, we offer free confidential consultations to discuss your case and how we can defend your rights at the DMV hearing and beyond. To get started, call our lawyers at 619-535-7150 or use our online contact form.
