Third-Offense DUI in California: Laws and Penalties

In California, the penalties for a third DUI conviction can be pretty serious. In most third-offense cases, the driver ends up spending a substantial amount of time in jail.

This article covers the basics of California's DUI laws and the possible consequences of a third DUI conviction.

What's Considered a Third DUI Conviction in California?

For most purposes, a DUI is considered a "third offense" if you have two prior DUI convictions that occurred within the past 10 years.

Criminal Penalties for a Third California DUI Conviction

A third-offense DUI is typically a misdemeanor. The specific penalties you'll face for a third DUI conviction depend on the circumstances. However, here are the ranges of possible penalties.

Jail Time for a 3rd California DUI Conviction

While you can expect to serve a minimum of 120 days in jail, the court can order up to one year of jail time. Your attorney may be able to negotiate alternative sentences like community service or house arrest.

Fines for a 3rd California DUI Conviction

Fines range from $390 to $1,000, but a variety of fees and "penalty assessments" will significantly increase the amount the offender actually pays.

License Suspension for a 3rd California DUI Conviction

A third DUI conviction will result in a three-year license suspension. (The administrative and criminal suspension periods are allowed to overlap, so the total suspension time won't exceed three years.)

Probation and DUI School for a 3rd California DUI

Third offenders generally must complete three to five years of probation. All third offenders must also complete an 18-month DUI school.

Restricted Licenses and IIDs for 3rd California DUI Convictions

Restricted licenses. A motorist can apply for a restricted license—which requires an ignition interlock device—for driving to and from places like work and school. However, there's a 12-month waiting period to get a restricted license for third DUIs involving only drugs.

IID requirements. All third offenders must have an IID for at least 24 months, whether as part of the restricted license or following license reinstatement.

Administrative License Suspensions for a Third California DUI

For most crimes, there aren't any formal penalties unless you're actually convicted of the offense (either by entering a plea or being found guilty at trial). With DUIs it's different. If you're lawfully arrested for drunk driving, there can be administrative consequences—such as license suspension and fees—regardless of whether you're ultimately convicted of a DUI.

These administrative consequences come from the California Department of Motor Vehicles (DMV). If you have had two DUI-related license suspensions in the past ten years, the third administrative suspension will be:

• one year for a BAC of .08% or more, or
• three years if you refused chemical testing in violation of California's implied consent laws.

As discussed below, a DUI conviction will also lead to license suspension.

Talk to a California DUI Lawyer

The consequences of a third DUI in California are pretty serious. If you've been arrested for a DUI and have a few priors, you'll definitely want to talk to a DUI attorney. A qualified DUI lawyer can review your case, determine if you have any viable defenses, and help you decide on the best course of action.