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Third Offense DUI

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Third Offense DUI

THIRD OFFENSE DUI PENALTIES IN CALIFORNIA 

By statute, a third offense DUI in California starts with a statutory minimum sentence of 120 days in jail, at a minimum.  The manner in which this sentence can be served could mean the difference between being able to continue working and/or the loss of your job.  If you or a loved one was arrested for a third offense DUI anywhere in the State of California, you need to hire an experienced DUI Defense Attorney.

DUI PENALTIES FOR THIRD OFFENSE DUI 

CURRENT
OFFENSE

SEPARATE* OFFENSES

WITHOUT PROBATION

WITH PROBATION FOR 3 TO 5 YEARS

VC § 23152

2

 

Current offense date within 10 years of 2 convicted offenses under VC § 23152,VC § 23153, or VC§ 23103 per VC §23103.5(c).

 

 

 

 

 

 

 

 

 

 

VC § 23620: Drunk boating (Harb. & Nav. §655 (b)(c)(d)(e)) after 12/31/91 equals VC §23152; Pen. C. §§191.5 and 192(c)(3), and, after 12/31/91 drunk boating w/injury (§655(f)), equal VC §23153.

VC § 23546

VC § 23548

•   $390 to $1000 fine, plus assessments (§§23546(a), 23548(a)). Additional 10 days jail if refusal is pled and proven (§23577(a)(4)).

•   Any jail term must include 48 continuous hours jail or 10 days community service (§23580, but see Pen. C. §2900.5(f)).

•   Revoke license 3 years, with IID-restriction eligibility after 12 months (after just six months if only alcohol impairment) (13352(a)(5)). Effective 1/1/12, CVC §23597 will authorize courts to order 10-year license revocation for per- sons with three or more separate 23152 or 23153 convictions regardless of the date, subject to certain limitations. See §10:24.2(a).

•   Ignition interlock optional (§23575(l), see §10:29), but required for restricted license (§13352(a)(5) and 23575(f)(1)). [Mandatory 24-month IID for convictions in Alameda, Los Angeles, Sacramento, and Tulare on or afterJuly 1, 2010—see §10:29.1]

•   Designated habitual traffic offender (§23546(b), see Figure 2-3).

•   If under 14-year-old passenger pled and proved, additional 30 days jail (§23572(a)(3)), unless convicted of Pen. C. §273(a).

•   Mandatory car impound 1 to 90 days, unless unusual circumstances, but only if priors are §§23152 or 23153 within five years (§23594).

•   May confiscate and sell car (§23596(a)(1)(B)).

 

NOTE: If one or both priors within 10 yrs was punished as a felony (§23550.5, §115.2): Up to 1 yr jail or 16 months, 2 or 3 yrs prison, habitual traffic offender designation, DUI Program, 4 years license revocation with eligibility for IID-restricted license after 12 months (13352(a)(7)).

120 days to 1 year (§23546).

120 days to 1 year (§23548(a)) (unless defendant requests 30 month DDP, in which case the mini- mum jail time is 30 days) (§23548(b)).

 

Additional probation terms, see Mandatory probation violation terms,

 

NOTEUNDER VEHICLE CODE § 23550.5 YOUR CURRENT OFFENSE WILL BE A FELONY IF YOU HAD A SEPARATE CONVICTION FOR A FELONY DUI WITHIN 10 YEARS.


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