Third Time DUI – Violation of California Vehicle Section 23152
If you are not granted on probation:
Imprisonment and fine. Conviction of a violation of California Vehicle Code Section 23152 when the offense occurred within 10 years of 2 separate violations of California Vehicle Code Sections 23152, 23153, or §23103.5 or any combination of these offenses, which resulted in convictions, is punishable by imprisonment in the county jail for 120 days to 1 year, and by a fine of $390 to $1000.
If you are granted on probation:
The conditions must include:
3 – 5 year probationary period or a period equal to the maximum permissible sentence;
A requirement you do not drive with any measurable amount of alcohol in your blood;
A requirement you do not refuse a chemical test to determine your blood-alcohol content on arrest for a violation of California Vehicle Sections 23152 or 23153; and
A requirement you do not commit a criminal offense.
Probation. When granting probation, the terms and conditions must include: confinement in the county jail for 120 days to 1 year, and a fine of $390 to $100. As an additional condition of probation, the court may require you to satisfactorily participate for at least 18 months in a DUI program if you have not previously completed a program successfully. Alternatively, on a showing of good cause and regardless of whether you have previously completed a program, the court may require satisfactory participation for at least 30 months subsequent to the underlying conviction, in which case the term of imprisonment is 30 days to 1 year.
Designation as habitual traffic offender. You must be designated as a habitual traffic offender for three years subsequent to conviction. The court must require you to sign an affidavit acknowledging this designation.
License revocation. The DMV must revoke your driver’s license for 3 years. The DMV will not reinstate your license until you file proof of financial responsibility (SR-22) and proof of successful completion of a DUI program.
Surrender of license. If your driver’s license is required or ordered to be suspended or revoked by the DMV under any section of the California Vehicle Code on conviction of a DUI offense, you must surrender your license to the court upon conviction. If you have more than one license, all must be surrendered. The court must transmit to the DMV all licenses required to be suspended or revoked.
Vehicle impound and forfeiture. If you have had two or more prior convictions within the last five years, the court must order impoundment of the vehicle used in the offense registered to the convicted defendant at your expense for one to 90 days. If you have been convicted of California Vehicle Code Section 23152 and have 2 or more separate convictions within seven years, the court may declare your vehicle a nuisance and order it to be sold, if you are the registered owner.
Ignition interlock device. The court may require you to install an ignition interlock device (IID) on any vehicle you own or operate for up to 3 years from the date of conviction.
California Vehicle Code Section 23700 requires the DMV to maintain a pilot program in Alameda, Los Angeles, Sacramento, and Tulare counties, requiring third time DUI offenders to install an ignition interlock device for all vehicles owned or operated for 24 months.
Restitution. The court must (1) impose a restitution fine of no less than $100 and not more than $1000 (and if probation granted an additional probation revocation restitution fine in the same amount), and (2) order restitution to any victim for any economic losses incurred, unless the court finds compelling and extraordinary reasons for not doing so.
Participation in county alcohol and drug problem assessment program. The court must order you to attend a county alcohol and drug problem assessment program if you have previously been convicted of a violation of California Vehicle Code Sections 23152 or 23153 that occurred more than 10 years ago.
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