In most instances, a third DUI is not a felony in California. Instead, if you are arrested for drunk driving three times in 10 years, you will be facing misdemeanor criminal charges.
Keep in mind that a wet reckless conviction will count towards your total number of DUI convictions for the last 10 years. Wet reckless is a plea bargain where you have pled guilty to the lesser offense of reckless driving instead of a DUI
Discussing your case with a lawyer is a great way to understand the severity of the charges you’re facing and your defense options. When you’re ready to speak with a Los Angeles DUI lawyer, we’ll arrange a free consultation.
What is the Most Common Sentence for a Third DUI?
If you have prior DUIs, you know from experience that California treats repeat DUI offenses more harshly than first-time offenses. When you are convicted of a misdemeanor DUI for the third time, you face:
- Fines up to $1,000
- Additional court fees that could go over $10,000
- Mandatory jail time of 120 days or more
- Five years probation
- Regular DUI education classes that will last for more than two years
- License revocation and suspension for three years
California law requires individuals convicted of a third DUI offense to install an ignition interlock device (IID) into their vehicles and maintain it for three years. You must have an IID installed in every vehicle you drive on a regular basis.
How Many DUIs are a Felony in California?
A fourth DUI charge in a 10–year period will likely be charged as a felony, and you will face harsher penalties. You will be labeled a habitual traffic offender and could face jail time of up to three years.
In addition, the DMV will immediately suspend your license for four years, and you will be required to attend a DUI school for a 30-month program.
A third DUI conviction is the last time you could face misdemeanor DUI charges. In California, driving under the influence is a priorable offense. That means each time you commit a crime, the penalties get worse.
When a 3rd DUI Becomes a Felony
A third DUI can be a felony in California when aggravating factors cause your 3rd offense misdemeanor to be upgraded to felony charges. These factors include:
- Serious injuries to other people
- Causing a fatality
- Having a previous DUI felony conviction on your criminal record
- Driving under the influence of alcohol with a minor in the vehicle
- Speeding or reckless driving
Having a previous DUI felony conviction is one of the exceptions to the rule that DUI convictions follow you for a ten-year period. There is no time limit for how long a felony DUI will follow you.
Penalties for a Felony DUI
The punishments for a felony DUI will be substantially more severe than their misdemeanor counterparts. You will face some of the same types of penalties as a misdemeanor, like fines and having to install an IID in your vehicles. However, felony charges have some key differences.
Jail Time
While you might expect a longer time behind bars, a felony DUI is handled differently. Instead of being sentenced to a local jail, you will be sent to a state penitentiary.
You will face between 16 months and three years in prison, even if no one was hurt as a result of your DUI. If someone was hurt or killed, you may be looking at more than 10 years in prison.
Restricted Rights
Second, you’ll be facing restrictions on your rights. While you are serving time in prison for a felony DUI conviction, you will be unable to vote in any election.
Your right to bear arms will be revoked entirely in California once you’ve been convicted, even after you’ve completed your prison term and fulfilled any other additional penalties set by the court.
Permanent Record
A felony DUI conviction becomes part of your permanent criminal record, with repercussions that can impact the rest of your life. In some cases, you can have your record expunged with the assistance of a DUI attorney.
Alternative Sentences for A Third DUI
After three drunk driving offenses, it is tough to convince a prosecutor to offer a deal on your punishment. When a 3rd DUI is a felony in California, it can get even more difficult.
However, a skilled attorney may be able to negotiate on your behalf for alternative sentencing options such as :
- Reduced prison time
- House arrest
- Informal probation
You will likely still need to attend a court-approved DUI school and install an IID.
Can You Get Your License Back After 3 DUIs in California?
A third DUI conviction means a three–year automatic license suspension. However, you may be able to resume driving if you install an ignition interlock system.
You may also be able to apply for a restricted license if your offense was alcohol-related (not drug-related). You will need to serve a six-month license suspension in addition to installing an IID and completing DUI classes.
A skilled DUI criminal defense lawyer can help you understand your best options and how to handle the legal process.
Can You Get a Commercial Drivers License with 3 DUIs in California?
Two or more DUI convictions during 10 years will disqualify you from getting a CDL in California. Likewise, if you already had a CDL at the time of your third DUI conviction, it is unlikely you will be able to retain it.
Your best course of action is to consult with a DUI attorney who can let you know if you have any option for retaining your CDL.
Do You Need a Lawyer for a 3rd DUI Charge?
If you have previous DUI convictions, you may believe that you can manage the legal process on your own. However, handling a 3rd DUI legal defense on your own is a huge mistake. You are not likely to have the strongest defense possible without an experienced DUI lawyer by your side.
By representing yourself, you may end up accepting a harsher set of penalties than you would with legal representation. A DUI attorney may help you reduce or even eliminate the criminal charges you face and keep your DUI off your criminal record.
With a third DUI charge, your attorney can help make a convincing argument that alternative treatment options would be a better choice than a mandatory jail sentence. In some cases, your lawyer may be able to challenge enough of the evidence to have the charges against you dropped.
Get Help with Your DUI
Driving under the influence of drugs or alcohol can have severe consequences. A criminal conviction could mean harsh penalties like lengthy prison time, long and expensive alcohol treatment programs, license suspensions, and a permanent criminal record.
An experienced attorney can offer legal advice and form the proper defense. They may use legal strategies to contest field sobriety tests to call into question blood alcohol content or point to procedural errors.
Contact us today. We’ll connect you with a knowledgeable DUI lawyer who will evaluate your case and explain your options. Best of all, your initial consultation is completely free!
