
In California, a third DUI comes with much harsher penalties compared to a first or second offense. If convicted, you could face a mandatory jail sentence ranging from six months to a year, along with higher fines and a longer license suspension, typically for three years.
The severity of the penalties depends on the specific details of your case. Consult an experienced Los Angeles third-offense DUI lawyer to understand your options and work toward minimizing the impact of the charges.
What Counts as a Third DUI Under California Law?
In California, a third DUI is considered when a driver is caught driving under the influence for the third time within 10 years, according to CA Vehicle Code 23546. The penalties for a third DUI offense are more severe than for the first two.
A DUI arrest that didn’t result in a conviction won’t be counted as a prior DUI offense. However, offenses like a wet reckless can be considered a prior DUI. The 10 years is calculated from the date of your most recent arrest. As with your first and second DUIs, both the California DMV and the criminal justice system will manage the process for your third DUI.
Third DUI Administrative Penalties
If you fail to request a hearing with the California Department of Motor Vehicles (DMV) within 10 days of getting your suspension notice, your driver’s license will be suspended. This means you won’t be able to legally drive, and this suspension can create serious problems in your daily life.
At the minimum, you’ll face a one-year license suspension. During this time, you’ll be unable to drive for any reason, which could make it difficult to get to school, work, or other important places.
After the suspension period, you could ask for limited driving privileges or a restricted license. This would allow you to drive to specific locations, like medical appointments, but it’s not the same as having full driving rights.
SR-22 Insurance
In addition to the suspension, you will also have to carry SR-22 insurance. This type of insurance is meant for high-risk drivers. SR-22 insurance is much more expensive than standard insurance, with higher premiums that will increase your overall expenses.
Third DUI Criminal Penalties
For a third DUI, you could face longer jail sentences, significantly higher fines, and an extended suspension of your driver’s license. These consequences can have a lasting impact on your personal and professional life.
The criminal penalties for a third DUI offense include:
- License revocation: Instead of a suspension, your driver’s license may be revoked, making it harder to regain driving privileges after the revocation period.
- Fines: You may face fines between $390 and $1,000. Additional penalty assessments could bring the total amount close to $20,000.
- Jail time: A mandatory jail sentence of six months to one year in county jail may apply, with the possibility of state prison time depending on the circumstances.
- DUI school: You will be required to attend a DUI education program for 30 months.
- Court-ordered treatment programs: The court may mandate alcohol or drug treatment programs to address substance abuse issues and reduce the risk of future offenses.
- Ignition interlock device (IID): An IID may be installed in your car, requiring you to pass a breath test before and during your drive. You will be responsible for covering the costs of this device.
- Habitual traffic offender status: You could be classified as a habitual traffic offender according to California law 14601.3, which labels you as a high-risk driver and subjects you to additional penalties if you drive on a suspended license. This designation lasts for three years.
An experienced DUI attorney can guide you through the legal process and help you explore any defenses. Together, you can work to achieve the best possible result, whether that’s a reduced sentence, a plea bargain, or another favorable outcome.
Understanding Sentence Enhancements
You will likely face extra penalties, called sentence enhancements, when your DUI case is more serious. These enhancements can lead to stricter overall penalties. The extent of these penalties depends on the unique circumstances of your case and the judge’s discretion.
Factors considered sentence enhancements include:
- Refusing to submit to a chemical test for blood alcohol content (BAC)
- Being involved in an accident
- Causing injury or death to another person in the incident
- Having a BAC of 0.15% or higher
- Transporting minors at the time of the offense
- Driving at dangerously high speeds or in a reckless manner
DMV Administrative Hearings
A DMV administrative hearing is a separate process from criminal court and focuses on the status of your driver’s license following a DUI charge. To challenge a suspension, you must request the hearing within 10 days of receiving the notice. During the hearing, a DMV officer reviews evidence like the police report and your BAC results.
While less formal than a court trial, the hearing still requires careful preparation. If you request the hearing, the DMV cannot suspend your license until it’s over, and if you win, your license may not be suspended at all. Having a skilled DUI attorney can increase your chances of keeping your license or securing restricted driving privileges.
A DUI Conviction Stays on Your Record for 10 Years
A DUI conviction will remain on your record for 10 years in California. During this time, any future DUI arrests will carry serious consequences. If you are arrested for another DUI within those 10 years, it will be considered a fourth offense.
This is significant because, under California law, a fourth DUI offense is automatically charged as a felony, which can result in much harsher penalties, including longer prison sentences, higher fines, and more severe restrictions on your driving privileges.
A Los Angeles DUI Lawyer Will Tell You What to Expect After a Third DUI
If you’re facing charges for a third DUI, seek legal representation as soon as possible. A third DUI carries serious consequences, and having an experienced attorney on your side can make a significant difference in the outcome of your case. A lawyer can help you understand the legal process, evaluate the evidence, and develop a defense strategy tailored to your situation.
Your attorney can also negotiate with prosecutors for reduced charges or penalties and guide you through options like plea deals or diversion programs. Los Angeles DUI Lawyer will help you connect with the right attorney.