Penalties for a Third DUI Conviction (23546)
If you are convicted of a 3rd DUI within 10 years of two other separate alcohol related driving violations that resulted in convictions, the penalties are significantly more serious. The jail sentence for a third conviction is 120 days to one year, and the fines the Court will impose are between $390 and $1,000. Furthermore, you will be designated as a habitual traffic offender for three years subsequent to the conviction.
License Revocation
A third DUI conviction will result in the revocation of your license for three years. After three years, in order for your license to be reinstated you must show both proof of financial responsibility and prove successful completion of either a 18-month driving-under-the-influence program, a 30-month driving-under-the-influence program, or rehabilitation facility (2 YEARS PENAL CODE 8001??).
Conditions of Probation for Third Offense
If the Court chooses to grant you probation after your 3rd offense, there is a jail sentence of between 120 days and 1 year, and fines of between $390 and $1,000. You must also complete, at a minimum, an 18-month driving-under-the-influence program, and if you have completed a 12 or 18 month program before, a 30 month program if it is available in your county of residence or employment.
If you are able to show good cause, the court may order participation in a 30-month driving-under-the-influence program and a jail sentence of 30 days to a year in lieu of the minimum jail sentence of 120 days.
License Suspension (Probation)
If the Court orders probation, your license will be revoked for three years. After three years, in order for your license to be reinstated you must show both proof of financial responsibility and prove successful completion of either a 18-month driving-under-the-influence program, a 30-month driving-under-the-influence program, or rehabilitation facility (2 YEARS PENAL CODE 8001??).
Issuance of a Restricted License
Provided that the Court did not deem you a public safety risk, a restricted license is available after 6 month if the underlying conviction did not involve the use of drugs. The restricted license is conditioned upon the following:
- Proof of enrollment in either
- An 18 month driving-under-the-influence program
- A 30 month driving-under-the-influence program (if available in your county of residence or employment)
- Installation and maintenance of an ignition interlock device
- Proof of financial responsibility
- Payment of all applicable reinstatement or reissue fees and any restriction fee required by the department
- Administrative costs
- The restriction will remain in effect for the period of the initial revocation and all conditions of reissuance are met