Third DUI blew a .04

Third DUI blew a .04

Question:  Hello, I have a third DUI blew a .04.  I have three dui convictions, the first is now past the 10 year mark, the second DUI second DUI will be at the 10 year mark on July15, the third DUI is over three years old. Yesterday I was pulled over by the Police for not using my turn signal.  I was told that I had to do the field sobriety tests  I did all of them and then blew .04 BAC.  So now I have three dui’s.

What can I expect? I understand that the judge will throw the book at me.

Also, I am on probation for the dui that is over three years old, I was placed on five year probation, zero measurable alcohol while operating a vehicle.   My court date is July 1st at the Harbor Justice Center, which is a month and half away from the conviction of my dui, does rescheduling it past that day make any difference?

Answer: If I understand correctly, you have completed 3 years of your 5 year probation from the most recent DUI conviction, correct? My first question is, how long ago was your first DUI? When you were convicted of the most recent DUI, were you penalized as a 3rd DUI conviction, or a 2nd DUI conviction? That can play a role in how aggressive they may be in potential sentencing should you be found guilty.

Also, did you just blow into a Preliminary Alcohol Screening test machine at the scene, then cited and released? Or were you taken back to the station and blew into a second breath machine there?

Technically it is the arrest or citation date that is important. So delaying the court hearings will not have a direct effect, but some creative arguments can be made since two of the three DUI’s were a long time ago. I am assuming there was no suspicion of drug use either, so it is a straight alcohol issue. Harbor court can tend to be tough on DUI’s. I would recommend that you consult with a DUI attorney to discuss your case in more detail. There may be some viable defenses here, and there often are. How strong those defense are in your specific situation can be better assessed with more underlying details about your case.

The above addresses the  .01 BAC or higher issue/probation violation, not another DUI charge. I assume you are not being charged with a VC 23152(a), but if you are, let me know and I can address that question as well. Harbor court tends to be a bit aggressive in charges they file, but that would be a stretch absent other circumstances.

In regards to the .01 probation issue, there is also another potential DMV suspension at stake based on the .01 while on probation factor that needs to be addressed, and quickly.

Call me at (818) 336-1384 to discuss further.  Free consultations.  I handle cases at Harbor court regularly.


Phil Hache
DUI and Criminal Defense Attorney; handling probation violation  matters