Barry T. Simons, Orange County California lawyer providng DUI defense in Buena Park, Costa Mesa, Fullerton, Huntington Beach, Laguna Hills, Mission Viejo and San Clemente

 

Information on a Third DUI Offense - Court & DMV Penalties

PUNISHMENT IMPOSED BY THE COURT UPON CONVICTION :

PROBATION:

3 to 5 years informal probation

JAIL:

120 days minimum mandatory jail up to one year jail maximum

COURT FINES:

Minimum $390 fine to maximum of $1000. Note, however that the $390 minimum fine, after adding penalty assessments & miscellaneous court fees, results in a total amount due of approximately $1600 to $1800.

DUI SCHOOL:

Attendance at 18-month or 30-month Multiple Offender Program (MOP) required

COURT MAY ALSO ORDER:

  • Impound Vehicle up to 90 days if owned by defendant
  • Ignition Interlock Device for up to 3 years

INCREASED PENALTIES FOR DUI ENHANCEMENTS (IN ADDITION TO THE ABOVE)

  • Refusal/Forced Blood –
    Mandatory additional 10 days Jail
  • Passenger in Vehicle Under Age 14 –
    Mandatory additional 30 days Jail
  • Speeding ≥ 30 mph on Freeway or ≥ 20 mph on Street or Highway –
    Mandatory additional 60 days Jail

DMV ACTION UPON CONVICTION:

  • 2-year license suspension (no driving whatsoever)
  • Restriction Eligibility: After serving 180 days of the suspension and enrolling in the Multiple Offender Program, you can apply for a restricted license if certain conditions are met, which will include installing an ignition interlock device on your vehicle. A restricted license allows driving to and from and during the course of employment and to and from the Multiple Offender Program. Note, court may order no restriction eligibility

SEPARATE DMV ADMINISTRATIVE PER SE SUSPENSION ACTION:

  • BAC < .08 –
    No action taken - suspension set aside
  • BAC ≥ .08 –
    1-year mandatory suspension which may be stayed after 180 days if IID restriction is granted after Court conviction for alcohol DUI conviction
  • Refusal/Forced Blood –
    3-year license revocation (no option for restriction)

Copyright © Barry T. Simons - All Rights Reserved
Developed by Law Info