Third DUI – California Vehicle Code Section 23152
If you are not granted probation for your third DUI:
Imprisonment and fine. Conviction of a third DUI 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 base fine of $390 to $1000.
If you are granted probation for your third DUI:
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;
- refuse a chemical test to determine your blood-alcohol content on arrest for a violation of California Vehicle Sections 23152 or 23153; and
- commit a criminal offense.
Probation. When granting probation for a third DUI, the terms and conditions must include: confinement in the county jail for 120 days to 1 year, and a base 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.
Penalty assessments, fees, and state surcharges. These significantly increase the base fine and includes an assessment for alcohol abuse education and prevention programs, and, if applicable an assessment for county alcohol and drug problem assessment programs.
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.
Third DUI – Defend Against Excessive Punishment
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 $150 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.
Whether you are facing felony or misdemeanor third DUI charges, facing a probation revocation for being on DUI probation, you owe it to yourself to get highly-regarded DUI defense attorney Richard Wagner on your side.
Only a DUI defense attorney like Richard Wagner who has the knowledge of the right defenses to fit the facts of your particular case can effectively represent you in court and at DMV.
As the Sentencing Laws and penalties get more expensive and severe and the consequences of a third DUI conviction and DMV license suspension or revocation extend further into your lifetime, you must consider alternatives to simply pleading guilty. There are ways to Fight Your DUI.
Whether your third DUI is rejected by the DA, reduced to a lesser charge, dismissed or you are acquitted at trial, The Law Office of Richard Wagner, A Professional Corporation, will protect and defend your Constitutional Rights and ultimately see that you get back on the road at the earliest possible time. Do not delay. Pick up the phone and call 714-721-4423 and start making things better.