April 25, 2013 By Matthew Wallin

Being convicted of your third DUI within 10 years is a very serious matter. There is no circumstance where you should face these charges without the help of an experienced Southern California DUI defense attorney. The consequences of your third DUI conviction within 10 years under California Vehicle Code section 23152 are severe. You will be facing a county jail sentence of up to one year, a fine of up to $1,000, a 3-year driver’s license suspension, and a strict probation sentence that includes a requirement that you install an ignition interlock device in your vehicle. Your Southern California DUI defense attorney at Wallin & Klarich can answer any question you have regarding the consequences of your third DUI charge within 10 years.

Driver’s License Suspension

If you are convicted of your third DUI within 10 years under CVC 23152, the California Department of Motor Vehicles will automatically suspend your driver’s license for a period of three years – no exceptions. During this period, you will be prohibited from driving for at least the first 18 months after your conviction and will only be eligible for a restricted driver’s license after certain strict requirements have been met. These requirements include:

1. Completing a court-ordered alcohol program
2. Obtaining proof of financial responsibility from your car insurance company
3. Installing an ignition interlock device on your vehicle; AND
4. Following strict adherence to the conditions of your probation, including a requirement that you consume no alcohol or drugs before operating a motor vehicle

Adherence to the conditions of your probation

Often times it is difficult to adhere to all of the requirements after you have been convicted of your third DUI. This is because of the sheer number of rules that you must follow. There are also a number of circumstances which can result in what looks like a probation violation, but is really a technicality under the law that does not necessarily result in a violation of your probation.

Occasionally, some of our clients have employers who are aware of their suspended license status, but require them to drive the company vehicle anyways. The employers in these cases usually have insurance that covers their employees driving the vehicle. In these cases, our attorneys at Wallin & Klarich have argued that although our clients drove without a license, they were not uninsured as per their company policies and therefore are not technically in violation of their probation conditions.

Although in these circumstances you will likely face a driving with a suspended license charge under CVC 14601.2, our attorneys may be able to help you avoid charges for failure to comply with your probation terms. We can help you get your driver’s license reinstated as quickly as possible.

California DUI Defense Attorney

If you are facing a third DUI charge within 10 years, you need to contact the California DUI defense attorneys at Wallin & Klarich immediately. Our Southern California DUI defense attorneys are ready to help you defend your DUI case. We have been helping our clients successfully defend DUI cases for over 30 years. The attorneys at Wallin & Klarich can inform you of everything you need to know to successfully defend your DUI case. Our offices are located in Orange County, Los Angeles, Ventura, San Diego, Torrance, San Bernardino, Victorville, and West Covina. Call us today to speak with one of our DUI defense attorneys at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.

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