Third-Time DUIs in California

What Are the Penalties for a Third-Time DUI?

What Are the Penalties for a Third-Time DUI?

California punishes each DUI you commit more harshly than the last. The penalties for a third-time DUI are more severe than for a second DUI, which are more serious than the sanctions when you commit your first DUI. Because the penalties for a third-time DUI build upon those you’ve already endured, it is vital to have a skilled criminal defense attorney on your side to fight your case.

California DUIs Have a Lookback Period

A DUI conviction is what is known as a “priorable” offense in California. Each time you commit a DUI, law enforcement will review your record to see if you have committed the crime before. If you have been convicted of or plead guilty to a DUI or wet reckless driving charge within the previous ten years (also known as the “lookback period”), you will face more severe punishment for the current change.

Priorable offenses include previous DUI charges, whether you were convicted based on your blood alcohol concentration being over the legal limit of 0.08% or simply for being under the influence of alcohol or drugs. A wet reckless conviction or plea also counts as a prior offense under California law. Wet reckless is typically the result of a plea bargain to avoid a DUI conviction and includes a notation that the driving infraction involved alcohol or drugs.

Consequences for Third-Time DUI in California

If you have two priorable offenses within California’s ten-year lookback period, you will face third-time DUI punishments. The penalties for a third-time DUI include:

  • A minimum of 120 days in county jail, with a maximum sentence of up to one full year
  • Approximately $2,000 of fines and fees
  • Two years of required ignition interlock device use on any vehicles you drive, at your own expense
  • Thirty-month long DUI education classes that you have to pay for yourself
  • Between two to five years of summary probation

Additionally, the DMV will require you to attend an administrative hearing to establish when you can drive again and under what conditions. The hearing functions as a separate mini-trial from your DUI criminal charges.

How To Fight a Third-Time DUI

The severity of the punishments you will suffer if you are convicted of a third-time DUI means you need to avoid being found guilty. This will require the assistance of an experienced legal team to develop a strategy for beating the case.

The first way your lawyer can help is by exploring whether a plea bargain or even dismissal is an option. Dismissing the case is the best outcome, but unlikely unless law enforcement made a mistake during your arrest and testing. If dismissal is not on the table, a plea bargain can avoid the most serious punishments. For example, if you plead guilty to a wet reckless charge instead of a third-time DUI, you may only do as little as five days in jail, instead of a minimum of 120. Your mandatory DUI education class will last as few as six weeks with a wet reckless plea bargain, instead of 30 weeks with a third-time DUI.

If a plea bargain is not in your best interests, your criminal defense attorney can take your case to a jury trial and attempt to prove your innocence in court. The Chambers Law Firm has the experience and knowledge needed to help you after you’ve been arrested for a third-time DUI in Fountain Valley, California. Schedule a free consultation with a member of our seasoned legal team by contacting us at 714-760-4088 or info@orangecountyduifirm.com.

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