Third DUI While on Probation Information

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What Happens When You Are Arrested for a 3rd DUI While on Probation in California?

A Message for Attorney Simmons Regarding 3rd DUIs while on Probation:  First, I want to apologize.  What you are about to read is extremely complex, so complex, even some DUI lawyers don’t understand the process. If you are confused about the circumstances and consequences of a 3rd DUI while on Probation in California, please call me directly at 877-717-2889 and I will do my best to explain the process to you myself free to charge.

If you were recently arrested for a third DUI in California while on probation for your prior DUI, you have the three following legal issues pending:

I. Third DUI out of the Jurisdiction Where You Were Arrested

When you were arrested, you were likely given a “Notice To Appear” with your court date.  That notice tells you the date of your new third offense DUI case.  In that case, the court can sentence you up to 365 days in county jail with a minimum of 120 days county jail by statute.  Depending on the jurisdiction, alternative sentencing may be available.

II. DMV Hearing for the 3rd DUI

If you were recently arrested for a third offense DUI in the State of California, you have 10 days for your attorney to contact DMV.  If you were on probation when you were arrested for this 3rd DUI, you are potentially facing a 1 year complete suspension of your drivers license without the possibility of a restricted license.  In addition, the legal threshold for blood alcohol level drops from a .08% to a .01% if you were on probation at the time of your 3rd DUI arrest.

In order to try to save your license from the 1 year mandatory suspension due to the probation violation at DMV, you’ll need to hire a qualified 3rd Offense DUI lawyer who is very skilled at DMV arguments.

III. Probation Violation out of the Original Jurisdiction of Your 2nd DUI.

If you were on probation for a 2nd DUI when you were arrested for your third DUI, please consider the following:

Is the probation violation out of the same courthouse as your current 3rd Offense DUI charge?  If so, the court will automatically couple the probation violation with the third DUI charge and will address both at your court date.

Is your probation violation out of a different county than your 3rd DUI charge?  If so, not only do you have to fight your new DUI charge, you’ll also have to fight the probation violation out of the courthouse where your second DUI occurred.

Is the probation violation out of the same county as your new 3rd offense DUI?  If so, the procedure varies from county to county. Here are some examples of how some counties handle things:

3rd DUI in Orange County, California While on Probation in Orange County, California. 

If you get a 3rd DUI out of Orange County, California while on probation for your 2nd DUI out of Orange County, California, the court will automatically couple the cases so long as both cases were out of Orange County, California.

3rd DUI in San Bernardino County, California While on Probation in San Bernardino County.

San Bernardino county is similar to that of Orange County and will couple the probation violation with the third DUI regardless of each individual court house your case resides at.

3rd DUI in Riverside County, California While on Probation in Riverside County

Again, just like San Bernardino & Orange County, Riverside county will automatically couple your 3rd DUI charge with the probation violation provided that both the probation violation and the third DUI occurred in Riverside, California.

3rd DUI in Los Angeles County, California while on Probation in Los Angeles County.

If you were arrested for a third DUI in Los Angeles while on probation in Los Angeles, you will have to specifically request the probation violation be transferred to the courthouse where your 3rd DUI is out of.  Please be aware, there are strategic circumstances that an skilled 3rd DUI lawyer wouldn’t want to move the case.  Once you’ve decide to move the case, you can’t move it back and this mistake could result in additional jail consequences for your 3rd DUI.

3rd DUI out of San Diego County, While on Probation in San Diego, California.

Like Los Angeles, a probation violation out of San Diego County will not be automatically coupled with your 3rd San Diego DUI offense.  You’ll have to specifically request the probation violation be moved.  Again, there is strategic advantages and drawback that comes with moving the probation violation and you’ll need a 3rd DUI lawyer to help you make the decision to move or not move your probation violation.

Consequences to a Third DUI While On Probation

The consequences to a third DUI are dramatically increased if you were on probation at the time you were arrested for the new DUI charge.  Above, you’ve already learned that the license suspension consequences are increased for a 3rd DUI while on probation, however, so does the jail time.

For a 3rd DUI in California, the maximum jail sentence is 365 days county jail.  However, if you were arrested for a 3rd DUI while on probation, not only can the court order you to spend 365 days county jail for your third DUI offense, but they can also ask for the remaining jail sentence on your 2nd DUI.

I’m sure your asking what does “remaining jail sentence” mean?  Well, the maximum jail sentence for a 2nd DUI is 365 days county jail.  Let’s pretend that for your 2nd DUI, you were ordered to do 10 days county jail.  If you take the maximum sentence of 365 and subtract the 10 days you’ve served, it means the judge can sentence you up to 355 (365-10) for violating your probation and obtaining a 3rd DUI offense.  In this hypothetical, it would mean you could receive up to 720 (365 + 355) days county jail for your 3rd DUI andyour probation violation.

Will you get the max sentence as illustrated above?  Likely not. However; It is well within the judges legal authority to sentence you as such, and counties like Orange County California, frequently demand 365 days county jail on a 3rd DUI charge.

If you find yourself arrested for a 3rd DUI while on probation, you need to hire an experienced 3rd DUI lawyer immediately.  3rd DUI lawyers are on call 24/7 at 877-717-2889.  All consultations are at no cost and highly informative.

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