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What are the Consequences of a Third Offense DUI?

Law Office of Charlotte C. LinA third DUI  (VC § 23152) after two other DUI convictions (whether misdemeanor DUI, felony DUI, or plea of wet reckless VC § 23105.5) within 10 years will result in an exponentially harsher sentence. Check First Offense DUI and Second Offense DUI for background information.  Even with probation granted for a third offense, the court can order jail sentence.

 

 

DUI Third Offense: Conditions of Probation

 VC § 23548 sets the punishment when the judge grants probation for VC § 23546 for a third offense within 10 years. In addition to probation terms under VC § 23600 (see DUI First Offense), the court shall impose:

  • ≥ 120 days jail – 1 year maximum
  • fine of ≥ $390
  • Surrender driver’s license to be suspended under VC § 13352(a)(5) – suspension will be 3 years (see DMV APS)
  • DUI school for 30 months. ≥30 days minimum in lieu of 120 days minimum, if granted.
  • DUI school for 18 months, if eligible
  • any other terms and conditions

 

DUI Third Offense: Penalty (Probation Denied)

VC § 23546 sets the penalty for a third offense DUI within 10 years. This is the punishment if probation is denied.

In sum:

  • ≥ 120 days to 1 year jail sentence
  • pay fine of ≥ $390
  • Surrender driver’s license to be suspended under VC § 13352(a)(5) – suspension will be 3 years (see DMV APS)
  • Designation as habitual traffic offender for 3 years

Again, this post does not cover DUI with injury or any other enhancements. Also, keep in mind that the above are the statutory minimum.

About Charlotte Lin

Charlotte is a trusted lawyer by day, and legal ninja by night. In her spare time she enjoys slashing tickets with nunchucks.