Third DUI Offense in California: Legal Penalties and Processes

Understanding a Third DUI Offense in California

In California, the severity of driving under the influence (DUI) charges escalates with each arrest. If you commit a third DUI offense within a 10-year period, you face incredibly serious consequences, such as fines, jail time, and restrictions on your driver’s license.

DUIs Count as Prior Offenses in California

DUIs are prior offenses in California, staying on your record for 10 years. Each DUI within this period escalates penalties.

Plea bargains, like wet reckless charges, count as DUIs. Accepting these can lead to a third offense, increasing consequences.

Penalties for a Third DUI Conviction

A third DUI in California brings significant consequences:

• Fines up to $5,000 and additional court costs.
• License suspension for three years.
• Requirement to install an ignition interlock device in your vehicles at your expense.
• Designation as a habitual traffic offender for three years, increasing penalties for any new traffic violations.
• Mandatory jail time between 120 days and one year.

A DUI conviction remains on your record for 10 years, impacting future DUI charges. A fourth is considered a felony, with even more severe penalties.

License Revocation and Designation as a Habitual Traffic Offender

Offenders will face a three-year license suspension upon a third DUI conviction. The DMV straightforwardly enforces this revocation after the court’s decision. Furthermore, authorities label the offender as a habitual traffic offender for three years. This designation subjects them to heavier penalties for any subsequent traffic violations, highlighting the severe consequences of repeated DUI infractions.

Mandatory Education Programs

California requires DUI offenders to undergo education programs, the lengths of which depend on their offense history. The state targets second-time offenders with an 18-month program that emphasizes counseling and education. For those with three or more offenses, a more intensive 30-month program includes additional treatment and monitoring. Both programs strive to lower DUI recidivism rates.

Punishment for a Third DUI in California After a Decade

If a third DUI occurs after 10 years from the previous offense, it’s treated as a first offense due to the “lookback” period. However, courts may consider past DUIs when deciding penalties

Defense Strategies

To fight a third DUI in California, you might get the charge lowered or even dropped. Common defenses include:

• Questioning the Traffic Stop: Arguing that there was no probable cause for the initial stop.
• Challenging Field Sobriety Tests: Demonstrating that tests were improperly conducted.
• Breathalyzer Accuracy: Citing defects in the breathalyzer device.
• Medical Conditions: Highlighting conditions like acid reflux or dental issues that could skew breathalyzer results.
• Blood Test Integrity: Pointing out potential contamination in blood sample analysis.

An experienced criminal defense attorney can often work to reduce the charge to something less serious, like “wet reckless,” using these defenses.

Alternatives to Jail Time

California law may offer alternatives to jail for third convictions, including:

• DUI education programs extending up to 30 months.
• Community service or work programs as court-approved.
• House arrest or electronic monitoring based on judicial discretion.

Contact A Los Angeles DUI Defense Attorney

Facing a third DUI charge? Contact The Law Offices of Arash Hashemi at (310) 448-1529 for expert legal representation. Our experienced criminal defense attorney will guide you through the process and fight for the best possible outcome for your case