Penalties for a Third DUI
November 30, 2017

If you are convicted of DUI in California, you face harsh penalties, including potential jail time, fines and the suspension of your driver’s license. However, the punishment you face for a third DUI is much more severe.

Let’s explore the consequences of a third DUI conviction in California.

How Long Does a DUI Stay on Your Record?

Before you know the penalties for a third DUI, you must first understand how a DUI can impact your record. If you are convicted of DUI in California, your conviction will remain on your criminal record for the rest of your life (unless the court orders otherwise). Does this mean you could face penalties for a second or third DUI any time you commit DUI for the rest of your life? Not necessarily.

With regard to your driving record, a DUI conviction will remain on your record for a period of 10 years after the date of the incident. Therefore, the terms “second DUI” and “third DUI” refer to your second or third DUI within a 10-year period.

Penalties for a Third DUI in California

A third DUI is a misdemeanor crime in California. If you are convicted of your third DUI within a 10-year period, you face up to 364 days in county jail and fines of up to $1,000. Unlike previous DUI convictions, you face mandatory jail time of a minimum of 120 days.

By contrast, a first-offense DUI is punishable by up to six months in jail, while a second DUI carries mandatory jail time of 96 hours and the possibility of serving up to 364 days in custody.

Your insurance rates will likely increase for up to seven years following a third DUI conviction. You will also be required to enter the SB 38 Multiple Offender Drinking Driver Program. This 18-month long alcohol program is mandatory for people who have been convicted of more than one DUI within seven years.

Driver’s License Suspension

After a third DUI conviction, the DMV will likely suspend your driver’s license for three years. Your DUI lawyer may be able to help you obtain a restricted license that lets you drive back and forth between work and/or school and your home, but you cannot apply for a restricted license until six months after your suspension began.

You may be able to get a restricted driver’s license by completing DUI treatment and paying all fines you owe as part of your sentence.

What if I Get a Fourth DUI?

If you are convicted of a fourth DUI within a 10-year span, you will likely be charged with felony DUI. Felony DUI carries a mandatory 180-day minimum jail sentence and a maximum sentence not to exceed four years. Your driver’s license will be revoked for four years and you will be required to pay up to $1,000 in fines.

Contact the DUI Attorneys at Wallin & Klarich Today

If you or a loved one is facing DUI charges, it is important that you speak with an experienced DUI defense attorney immediately. At Wallin & Klarich, our skilled criminal defense lawyers have over 35 years of experience successfully defending our clients charged with DUI. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich DUI attorney available near you no matter where you are located.

Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

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