8 Things You Didn’t Know About A 3rd DUI In California

If convicted of a 3rd DUI within a 10 year period¹ your driving privileges may be revoked rather than simply suspended and you may be designated as a habitual traffic offender for a period of three years.

Your License & The DMV Hearing

After a third arrest for a DUI or wet reckless driving, you may think you know exactly what is going to happen throughout the DUI proceedings and what penalties you will face².

As you may recall, after an arrest for a DUI, the arresting officer is required to immediately forward a copy of the notice of suspension or revocation form and any drivers license confiscated to the DMV.

If the suspension or revocation is upheld during the DMV’s administrative review, you have the right to request a hearing to contest the suspension or revocation.

You must request the hearing from the DMV:

→    Within 10 days of receipt of the suspension or revocation order, which you will likely receive upon your arrest.

If the review at the DMV shows that there is no basis for the suspension or revocation, the action will be set aside and your driving privileges will be reinstated.

The DMV will notify you in writing only if the suspension of revocation is set aside following the administrative review.  However, this process has no affect on the outcome or penalties from your criminal court case.

Penalty for a 3rd DUI in California

Following a third offense within 10 years, penalties imposed by the court include:

Penalty	Misdemeanor
Fine	$390-$1,000 + penalty assessments3
Habitual Traffic Offender Status	3 Years4
Probation	3-5 years informal probation5
DUI Education Program	30 month court approved program
License Suspension or Revocation	3 years (convertible to restricted license after 18 months)
County Jail	120 days – 1 year6

Are There Additional Penalties For A Third DUI?

In addition to the driving under the influence program that you will have to complete, the judge may also impose collateral sentences that may require you to attend AA programs, hospital and morgue programs, or other programs that impart the seriousness of a DUI including the following.

• Possible MADD Program
• Possible Morgue Program
• Possible Community Labor
• Possible Rehab
• Ignition interlock Device⁷

Do You Need To Install An Ignition interlock Device For A Third DUI?

In most counties it is still discretionary for the judge to require you to install an Ignition Interlock Device after the first California DUI charge.  However, after a second DUI and for a third DUI or wet reckless offense within 10 years, it is mandatory that the judge requires you to have an Ignition Interlock Device on any car that you may drive after the period of revocation of your license has ended⁸.

Are There Penalty Enhancements For A 3rd DUI?

A penalty enhancement is an increase of the existing DUI penalties which run in additionan to any penalties incured for the DUI such as a DUI with a child in the car.⁹

Refusing A Chemical Test

In California, if you are suspected of driving under the influence, you are deemed to consent to a chemical breath test¹⁰.  If you refuse when arrested, the punishments will be much harsher.  Additionally, if you refuse a Breathalyzer test you will not qualify for the limited privilege of a restricted license.

Additional Aggravating Factors

An aggravating factor is an additional charge or factor which may incline the prosecutor to offer the upper end of the law in a plea bargain disposition. For example a vehicle accident without injury could increase probation time or jail time in any offer from a prosecutor.

California Third DUI Frequently Asked Questions

Important Information

1. California Penal Code 23622 – (a) In any case charging a violation of Section 23152 or 23153 and the offense occurred within 10 years of one or more separate violations of Section 23103, as specified in Section 23103.5, that occurred on or after January 1, 1982, 23152, or 23153, or any combination thereof, that resulted in convictions, the court shall not strike any separate conviction of those offenses for purposes of sentencing in order to avoid imposing, as part of the sentence or term of probation, the minimum time of imprisonment and the minimum fine, as provided in this chapter, or for purposes of avoiding revocation, suspension, or restriction of the privilege to operate a motor vehicle, as provided in this code. (b) In any case charging a violation of Section 23152 or 23153, the court shall obtain a copy of the driving record of the person charged from the Department of Motor Vehicles and may obtain any records from the Department of Justice or any other source to determine if one or more separate violations of Section 23103, as specified in Section 23103.5, that occurred on or after January 1, 1982, 23152, or 23153, or any combination thereof, that resulted in convictions, have occurred within 10 years of the charged offense. The court may obtain, and accept as rebuttable evidence, a printout from the Department of Motor Vehicles of the driving record of the person charged, maintained by electronic and storage media pursuant to Section 1801 for the purpose of proving those separate violations. (c) If any separate convictions of violations of Section 23152 or 23153 are reported to have occurred within 10 years of the charged offense, the court shall notify each court where any of the separate convictions occurred for the purpose of enforcing terms and conditions of probation pursuant to Section 23602. [↩]
2. California Vehicle Code 23103.5, a “wet reckless” conviction will count as a prior DUI on your record within the statutory 10 year period. [↩]
3. California Vehicle Code 23546 -(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her driver’s license to the court in accordance with Section 13550. [↩]
4. California Vehicle Code 23546 – (b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350. [↩]
5. California Vehicle Code 23600. If any person is convicted of a violation of Section 23152 or 23153 and is granted probation, the terms and conditions of probation shall include, but not be limited to, the following: (1) Notwithstanding Section 1203a of the Penal Code, a period of probation not less than three nor more than five years; provided, however, that if the maximum sentence provided for the offense may exceed five years in the state prison, the period during which the sentence may be suspended and terms of probation enforced may be for a longer period than three years but may not exceed the maximum time for which sentence of imprisonment may be pronounced. [↩]
6. California Vehicle Code 23546 [↩]
7. California Vehicle Code 23575.- (a) (1) In addition to any other law, the court may require that a person convicted of a first offense violation of Section 23152 or 23153 install a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. The court shall give heightened consideration to applying this sanction to a first offense violator with 0.15 percent or more, by weight, of alcohol in his or her blood at arrest, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the person’s records in the Department of Motor Vehicles. [↩]
8. California Vehicle Code section 23575(f)(1); If a person is convicted of a violation of Section 23152 or 23153 and the offense occurred within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction, or if a person is convicted of a violation of Section 23103, as specified in Section 23103.5, and is suspended for one year under Section 13353.3, the person may apply to the Department of Motor Vehicles for a restricted driver’s license pursuant to Section 13352 or 13353.3 that prohibits the person from operating a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device, certified pursuant to Section 13386. The restriction shall remain in effect for at least the remaining period of the original suspension or revocation and until all reinstatement requirements in Section 13352 or 13353.4 are met [↩]
9. California Vehicle Code 23572. [↩]
10. California Vehicle Code 23578. [↩]