California DUI Law: Third-Time Offenses

What Happens When You Get a Third DUI in California?

If you’re facing a third DUI conviction in California within a ten-year period, you could be in for serious trouble. Not only is a third-time offense considered a misdemeanor, but you could face the following penalties:

3 to 5 years of informal probation
120 days to one year in county jail
$2,500 to $3,000 in fines and penalty assessments
Ignition interlock device (IID) for 2 years
30-month court-approved DUI education program
3-year California driver’s license revocation (which could become a restricted license after 18 months), and defendants may be able to drive right away with an IID.
But these penalties aren’t the worst of it. Depending on the circumstances, you could be required to attend Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings, participate in a Mothers Against Drunk Driving (MADD) Victim Impact Panel, or pay restitution.

Is a Third DUI a Felony in California?

No, a third DUI in California is considered a misdemeanor offense. However, the consequences of a third-time DUI conviction are severe, and you could face increased penalties if certain aggravating circumstances are present.

Can You Avoid Jail Time for a Third DUI in California?

While a third DUI conviction in California carries mandatory jail time, there are ways to potentially avoid spending time behind bars. You may be eligible for a live-in rehab program, house arrest, or work furlough. Consulting an experienced DUI attorney could be the key to helping you avoid jail time and minimize the impact of a third DUI conviction.

Can You Get Your License Back After Three DUIs in California?

After a third DUI conviction in California, your driver’s license will be revoked for three years. However, you may be able to get a restricted license after 18 months if you have an ignition interlock device installed in your vehicle.

Can Your Record Be Expunged?

Expungement of a DUI conviction in California is possible in some cases. Consulting with an experienced DUI attorney can help you understand your options for clearing your criminal record.

Do You Need an Attorney?

If you’re facing a third DUI conviction in California, it’s highly recommended that you consult with an experienced DUI attorney. Your attorney can help you understand your legal options and work to minimize the impact of a DUI conviction on your life.

Remember, a third-time DUI conviction in California is a serious offense that can have long-lasting consequences. If you’re facing charges, don’t wait to seek legal help.

Third DUI Offense in California: What You Need to Know

Is a Third DUI a Felony in California?

No, a third DUI offense in California is a misdemeanor, provided there were no serious injuries involved. However, defendants with prior DUI convictions can face harsher penalties than first-time or second-time drunk driving defendants.

How to Avoid Jail Time for a Third DUI in California?

California defendants convicted of a DUI-third may be able to serve jail time on house arrest, through a work-furlough program, or by a live-in drug treatment program. The best way to avoid jail time for a third DUI is to fight the charges in an attempt to get the case reduced to a lesser offense or dismissed completely.
There are ten common DUI defenses, including the lack of probable cause for arrest, incorrect administration of field sobriety tests, and breathalyzer defects. An experienced DUI attorney can also plea bargain third-time DUI charges down to a wet or dry reckless driving charge, speed ex, or even have the charges dropped altogether.

Can You Get Your License Back After Three DUIs in California?

The only way to avoid a license revocation following a third DUI offense in California is to win both the criminal case and the DMV hearing. Even then, defendants must have an IID installed in their motor vehicle for 24 months. Those who refused to take a chemical blood or breath test cannot drive at all for three years, and there is no way to obtain a restricted license during this time.

Can Your Record Be Expunged?

Yes, DUI-3rd defendants can get a criminal record expungement if they successfully complete probation.

Do You Need an Attorney?

Anyone facing charges of third-time drunk or drugged driving is strongly encouraged to hire private counsel to fight the case. DUI-3rds carry mandatory jail time up to one year in some California counties. An attorney can negotiate with the prosecutor to get the jail sentence converted to a more lenient condition, such as home confinement or work furlough. Prosecutors are more willing to extend favorable plea deals to defendants represented by private counsel than public defenders.
Finally, having an attorney gives defendants the greatest odds of getting the entire case dismissed. Lawyers are skilled at investigating and combing through the evidence in search of all the weak links in the state’s case.

Contact Our DUI Defense Lawyers for Legal Help

If you are arrested in California for a first, second, third, or felony DUI, our criminal defense lawyers can offer legal advice and help. Our law offices are located throughout California, including Los Angeles, San Diego, and Orange County. Contact us for a free consultation.