THIRD DUI OFFENSE
Elements of the Crime
From San Francisco to San Jose, DUI third offense charges are laid when an individual has been accused of operating a motor vehicle under the influence of alcohol or drugs three times within ten years. If an individual is accused of a third DUI offense in the state of California and all three offenses have occurred within ten years of one another, then the penalties may be quite strict.
Penalties for Crime
With a California DUI, third offense probation is highly unlikely. A third-time offender will be fined between $390 and $1,000 and may face a sentence of anywhere from 120 days to one year in jail. Different California counties have diverse sentencing structures and, for a California DUI third offense of this nature, many of them will require a minimum of 210 days in jail. For the third offense, the offender must take part in a state-licensed drug and alcohol program, sometimes for a period of 30 months, as in Stanislaus and Los Angeles counties. More often, a third-time offender is only required to attend such a program for a period of 18 months. Furthermore, if an individual has willingly submitted to BAC testing, then their driver’s license may only be suspended for a period of one year. However, as in the case of a second offense, if the individual in question has not willingly submitted to BAC testing of some kind, then their license will be revoked for a period of three years. Again, if the offender is granted a restricted license by the DMV, then not only will SR22 insurance be required, but the installation of an ignition interlock device will also be required.
Although it may occur rarely, a fourth, fifth, or further offense is often considered a felony in the state of California. Here, the penalties are, as one would imagine, strict in the extreme. An individual could be subject to up to three years in prison, terribly high fines, and the permanent revocation of their driver’s license, among other additional penalties. In California, DUI third offense charges demand immediate examination by an experienced DUI lawyer.