THIRD OFFENSE DUI – COURT PENALTIES

 

 

 

 

PROBATION:

Minimum 3 and usually 5 years informal probation

Terms of Probation will include at least the following:

(Additional terms and conditions may be added by the court or DA):

• Do not violate law
• Obey all court orders
• Submit to search and seizure
• Consume no alcohol
• Do not be present in any establishment where alcohol is primary item of sale
• Do not drive without valid license or insurance
• Drive with no measureable amount of alcohol
• You may not refuse to submit a chemical sample when asked or ordered by legal authorities

JAIL:

120 day MANDATORY Minimum up to one year in county jail.  

In Orange County, District Attorneys will ask for 180 to 364 days in county jail.  Factors in aggravation include the age of your prior, any other priors out of statute, your blood alcohol level, whether there was a collision or a refusal.  A skilled, experienced DUI lawyer will help you negotiate a resolution of your case with either the District Attorney or the Judge to find alternative sentencing solutions that will avoid lengthy jail sentences that can ruin your life.

COURT FINES:

Pay base fine $390 to maximum of $1000.  Court will impose penalty assessments to the base fine & miscellaneous court fees that result in a total amount of approximately $2,200 up to $4,500.

(In Los Angeles and Inland Empire counties district attorneys seek a $500 base fine which can result in total amount of approximately $2,500)

An experienced DUI defense attorney can petition the court to receive credits which can substantially reduce your fines.

ALCOHOL/DRUG ABUSE PROGRAMS:

MANDATORY Attendance at 18-month Multiple Offender Program (SOP) You must complete the initial 12 months of this program before you can become eligible for a special IID restriction.

Attendance at a Mothers Against Drunk Driving Meeting

Attendance at Alcoholic’s Anonymous Meetings

Participation in an in-patient or out-patient alcohol treatment program

Wearing alcohol detection device (Scram Ankle Bracelet)

COURT MAY ALSO ORDER:

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

 

ADDITIONAL PENALTIES FOR THIRD OFFENSE DUI ENHANCEMENTS (NOT ALL LISTED BELOW)

Enhancement for minor under 14:

– Mandatory 30 DAYS in county jail

Reckless Speeding  GREATER THAN 30 mph on Freeway or GREATER THAN 20 mph on Street or Highway

– Mandatory 60 days IN COUNTY Jail

 

DMV ACTION UPON THIRD DUI CONVICTION:

• 2-year license suspension
• IID Restriction Eligibility: After serving 180 days of the suspension, you can apply for a restricted license if certain conditions are met, which will include installing an ignition interlock device on your vehicle and enrolling in the multiple offender program.
• If you don’t qualify for an IID restriction you can apply for a  restricted license that allows driving to and from and during the course of employment and to and from the Multiple Offender Program after one year of your suspension if you meet specified conditions including being enrolled in the multiple offender program.

*Note, court may order no restriction eligibility.  

**This IID restriction does not apply to persons who have been convicted of DUI drugs or those who have refused a chemical test.

 

SEPARATE DMV ADMINISTRATIVE PER SE SUSPENSION ACTION:

• BAC < .08 – 
  No action taken/suspension set aside
• BAC ≥ .08 – 
  1-year mandatory suspension with no option for restricted license.  This suspension can be stayed if IID restriction is granted after a conviction for an alcohol related second offense DUI.
• Refusal/Forced Blood – 
  3-year license revocation (no option for restriction)

 

 

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