Third Offense DUI in California

If you face your third DUI in California, you may worry about what kind of punishment you will face. The penalties for a third DUI in California are harsh. However, every case is different and you should not view a third DUI charge in California as hopeless. 

Administrative Penalties

If you are charged with your third DUI in California, the Department of Motor Vehicles (DMV) will impose sanctions independent of criminal penalties. Upon your third DUI conviction, the DMV will suspend your driver's license for up to three years. However, you may be eligible for a restricted license after one year that will allow you to drive to and from work and school.

Criminal Penalties

Criminal penalties for a third DUI in California are harsh. The lookback period for a prior DUI is 10 years. The period is calculated from arrest date to arrest date. Therefore, if you receive your third DUI within 10 years of two prior DUIs, then the prosecutor will charge you with a third DUI. Criminal penalties for a third DUI in California include a fine ranging from $1,800 to $3,000. Most counties will require that you serve at least 120 days of jail time. Your attorney may be able to work out an alternative sentence, such having the time converted to community service or house arrest. Penalties for a third DUI in California also include three to five years of probation. You must also attend DUI School for 18 months.

Felony vs. Misdemeanor in California

All DUIs in California are misdemeanors unless they fall within one of three categories. The first category occurs if a person other than the defendant suffers bodily injury because of the DUI. For this situation to escalate a misdemeanor to a felony, the prosecutor must believe that the person arrested for the DUI caused the accident. A fourth DUI within the lookback period is a felony. If the defendant has at least one prior felony DUI charge on their record, the DUI will automatically be a felony.

Plea Options

If you have been charged with a third DUI in California, you have the option to plead guilty, not guilty or try to negotiate a plea bargain. If you have a viable defense, your attorney may recommend a plea of not guilty. In addition, a plea bargain may also be possible. For example, if you agree to attend rehab, the prosecutor may be willing to reduce your sentence.

Getting Legal Help

If you are charged with a third DUI in California, talk to an experienced criminal attorney. A criminal attorney can explain the legal consequences to you and help you decide how to proceed.