Third Time DUI In California: What to Do and What to Expect

In the State of California, DUIs are considered "priorable" offenses. This means that the penalties for driving under the influence in California increase with each successive DUI or wet reckless conviction that takes place within a ten-year period.1

A third time DUI conviction in the past ten years therefore presents much more serious consequences than a first or second time DUI in California.

But first things first. For the government to prove you are guilty of a third-time DUI in California, the prosecutor must show that while you were operating a vehicle:

  1. You were under the influence of alcohol or drugs,

    OR

  2. You had a Blood Alcohol Concentration (BAC) of .08% or higher at the time of driving

A conviction for third-time DUI in California normally triggers these penalties:

  • Between three to five years of informal probation
  • A minimum of 120 days to a maximum of one-year in a county jail
  • Roughly $2000 in fines, penalties and assessments
  • Completion of a 30-month court-approved DUI education program

Because third time DUI in California is a misdemeanor crime, you have the right to a jury trial if you want to fight your conviction. You also have the right to a hearing before the DMV to determine whether or not your license should be suspended.

To win at a jury trial, a qualified prosecutor will typically present evidence that:

  1. Your driving patterns reflected that you were intoxicated
  2. You failed to pass standardized field sobriety tests such as the horizontal gaze nystagmus test, the walk and turn test or the one-leg stand test.
  3. You exhibited "objective symptoms of intoxication" such as bloodshot eyes, slurred speech, an unsteady walk and the odor of alcohol
  4. A breath, blood or urine test indicated a BAC at or above .08

Oftentimes, a qualified and experienced DUI attorney can get third time DUI charges reduced to a lesser offense (such as a "wet" reckless2, dry reckless3 , or exhibition of speed or "speed ex."4 ) and sometimes dismissed altogether.

Our California DUI defense lawyers address in the article below the following:

1. What are the Penalties for A Third Time DUI
in California?
2. Will I Lose My License for A Third Time DUI
in California?
3. Will I Have A Permanent Criminal Record If I am convicted of A Third Time DUI
in California?
4. What Aggravating Factors May Increase the Typical Penalties And Punishments handed down by the Court and/or DMV for A Third Time DUI Offense?
5. Can an Attorney Really Help Me Fight A Third Time DUI in California?
6. What are the Specific DUI Penalties By Each County in California for A Third Time DUI?
1. What are the Penalties for A Third Time DUI
in California?
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The first question that arises for those arrested and charged with a third time DUI in California is how the penalties and punishment handed down by the Court and/or DMV differ from those given after a first or second time DUI conviction in California?

Unfortunately, there is no easy answer for this question. This is because the answer in large part depends on the unique circumstances of each individual case.  However, the sections that follow offer a basic framework of what you may normally expect if you end up getting a third DUI conviction in California.

You should keep in mind that while there are a few charges that are commonly reduced from California DUIs during DUI plea bargaining (for example, a "wet" reckless,  dry reckless, or exhibition of speed or "speed ex"), this article only details punishments and penalties that are for actual third time driving under the influence convictions in the state of California.

When convicted of driving under the influence for a third time in California, the penalties typically imposed by the court are as follows5:

  • Between three to five years of informal probation6
  • A minimum of 120 days to a maximum of one-year in a county jail
  • Between $2500-$3,000 in fines and penalty assessments
  • Completion of a 30-month court-approved DUI education program
  • A three year California driver's license revocation which, after 18 months, may be converted to a restricted license

However, the standard sentences handed down by the Court for a third time DUI in California generally varies by the county in which the conviction occurs (Please see Section VI below).

Significantly, when California courts impose a DUI sentence that includes probation, the following conditions are always included7 :

  • You shall not drive with any measurable amount of alcohol in your blood.
  • You shall not refuse to submit to a chemical test of your blood, breath, or, in rare cases urine, if arrested for a subsequent DUI.
  • You shall not commit any additional crimes.

Furthermore, depending on the circumstances, the following conditions of probation may be imposed:

  • Attendance in Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings
  • Participation in the Mothers Against Drunk Driving (MADD) Victim Impact Program
  • Restitution (in the event that you caused an accident while driving under the influence)
  • Installation of an Ignition Interlock Device (IID) on any car you own or operate for a maximum four-year period. If you are convicted of your DUI in Los Angeles, Alameda, Tulare or Sacramento County, IID installation is mandatory. However, in all other counties, installation is at the judge's discretion.8
2. Will I Lose My License for A Third Time DUI
in California?
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A person arrested for a third time DUI in California will face the threat of a much lengthier suspension of his or her license than the first or second go-around, as well as a Designation as an "habitual traffic offender" (HTO) by the California Department of Motor Vehicles.

There are two ways that your third-time DUI arrest can lead to the suspension of your driver's license.

  1. By getting convicted of a DUI in court

    OR

  2. By losing your DMV hearing (or failing to request one within 10 days of the arrest)

The court-triggered suspension is 3 years when there are already 2 prior DUI or wet reckless convictions within 10 years.

On the other hand, the APS suspension is only 1 year if there is 2 prior DUIs on the record within 10 years. However, after 180 days, if you submitted to a chemical test and show proof of installation of an ignition interlock device ("IID"), you can obtain a restricted license. This restricted license allows you to drive anywhere as long as it's in a car with an IID installed. This is required for 24 months.

Unfortunately, drivers facing a third time DUI offense in California who also refused to submit to a chemical test will face a much tougher punishment. These individuals face a three year license revocation and are not entitled to a restricted license during any part of the suspension period.

You should note that there is no way around the 24-month IID requirement, so you should install it immediately so that you can get the restricted license on the 181st day after your suspension initially began.

Finally, prior to getting a restricted license, your DMV record should show that a court-triggered suspension has already begun. However, the suspension triggered as a result of the court conviction does not have to already have run 180 days so as long as the APS has already run 180 days, which is common.

3. Will I Have A Permanent Criminal Record If I am convicted Of A Third Time DUI in California?
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Fortunately a third time DUI conviction may be erased from your permanent criminal record by getting an expungement.

You may be able to expunge your California DUI conviction if:

  1. you were placed on probation9 and
  2. you successfully completed probation.

When starting the process of a DUI expungement, a petition is filed with the court and then reviewed by a judge. If the judge grants the DUI expungement, then you may withdraw your plea of guilty or no contest and instead enter a new plea of not guilty. The case should be dismissed once you enter the not guilty plea.

4. What Type of Aggravating Factor May Increase the Typical Penalties and Punishments handed down by the Court and/or DMV for a Third Time DUI in California?
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There are certain circumstances that, if present at the time you are booked for your third offense DUI in California, will increase your county jail or state prison sentence.

The most common of these include:

What type of enhanced penalty you receive for any of these aggravating factors will largely depend on (1) the exact circumstances of your California DUI arrest, and (2) your criminal history (with focus on your prior DUI history). Clearly, two prior DUI convictions, combined with one of the above-mentioned aggravating factors, maks your chances of staying out of jail very slim.

5. Can an Attorney Really Help Me Fight A Third Time DUI in California?
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A third time DUI arrest in California is beatable.  In fact, when you hire the right DUI attorney, there is oftentimes home to come out of the process with a dismissal or acquittal.

However, in order to help "beat" your case, it helps to have the mentality immediately after your arrest to have a criminal defense attorney look over your case.

A lot goes into creating an effective DUI defense and some of this may need to be done within hours after your third time DUI arrest in California The specific need to hire a criminal defense lawyer to fight your third time DUI case includes the following:

1. Legal Analysis:

While there is an absolute need to have a qualified DUI attorney collect and interpret the evidence in your case, a good DUI attorney will also then be able to utilize this evidence as the foundation for creating written motions in support of your case. These various motions, including a "Motion to Suppress Evidence" and a "Pitchess Motion," may be filed and heard before any trial takes place. Together, they may force the District Attorney's hand to give you a better "deal," or plant the roots for a not guilty jury verdict at trial.

2. Getting the Deal You Want:

Another reason you should hire a good DUI attorney is because he or she may be able  to negotiate a deal with the district attorney that is to your liking. Considering the fact that the overwhelming majority of DUIs do not go to trial, it's just as important to have a good trial attorney as it is to have a criminal defense attorney who knows how to bargain with Prosecutors. These negotiations may help to get you a "wet" or "dry" reckless charge for your third time DUI in California.

3. Evidence Gathering:

A great criminal defense attorney will know how build your defense through evidence-gathering. This includes subpoenaing witnesses that may support your case. It may also include obtaining additional discovery in your case, including any audio and/or video recordings surrounding your DUI investigation. If, for example, an officer states that he stopped your vehicle because he saw you talking on the cell phone while driving, and it is proved otherwise by cell phone records showing no activity during that exact time period, then this may prove critical in weakening the government's case against you.

6. What are the Specific DUI Penalties By Each County in California for A Third Time DUI?
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Although specific penalties exist in the California Penal Code for a third time DUI in California, many counties in California have varying penalties. A list of the major counties in California includes:

Call Us For Help...
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If you or loved one is charged with a third DUI and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

Legal References

1 This ten-year timeframe relevant to a third time DUI in California is otherwise known as a "washout" or "lookback" period and also includes (1) California "wet" reckless, convictions, and (2) out-of-state convictions that, if committed in California, would constitute a DUI. See California Vehicle Code 23622 -- Violations of � 23152 or � 23153 within 10 years of specified offenses; effect upon sentencing. ("(a) In any case charging a violation of Section 23152 or 23153 and the offense occurred within 10 years of one or more separate violations of Section 23103, as specified in Section 23103.5, that occurred on or after January 1, 1982, 23152, or 23153, or any combination thereof, that resulted in convictions, the court shall not strike any separate [DUI] conviction of those offenses for purposes of sentencing in order to avoid imposing, as part of the sentence or term of probation, the minimum time of imprisonment and the minimum fine, as provided in this chapter, or for purposes of avoiding revocation, suspension, or restriction of the privilege to operate a motor vehicle, as provided in this code. (b) In any case charging a violation of Section 23152 or 23153, the court shall obtain a copy of the driving record of the person charged from the [California] Department of Motor Vehicles and may obtain any records from the Department of Justice or any other source to determine if one or more separate violations of Section 23103, as specified in Section 23103.5, that occurred on or after January 1, 1982, 23152, or 23153, or any combination thereof, that resulted in convictions, have occurred within 10 years of the charged offense. The court may obtain, and accept as rebuttable evidence, a printout from the Department of Motor Vehicles of the driving record of the person charged, maintained by electronic and storage media pursuant to Section 1801 for the purpose of proving those separate violations. (c) If any separate convictions of violations of Section 23152 or 23153 are reported to have occurred within 10 years of the charged offense, the court shall notify each court where any of the separate convictions occurred for the purpose of enforcing terms and conditions of probation pursuant to Section 23602.")

2 Pursuant to California Vehicle Code 23103.5, a wet reckless is a reckless driving that functions as a prior DUI on your record. If you sustain a wet reckless conviction, and get charged with a subsequent DUI during the following 10 years, courts treat the new DUI charge as a second offense when imposing California DUI penalties.

3 California Vehicle Code 23103 defines reckless driving. If, after being charged with a DUI, you plead guilty or no contest to this charge, it is referred to as a dry reckless, as opposed to a "wet" reckless.

4 California Vehicle Code 23109(c) exhibition of speed or "speed ex" is a charge that is commonly bargained for during DUI plea bargaining. Although it has nothing to do with DUI per se, it acts as a signal to other prosecutors and law enforcements officers that you were initially arrested for a DUI.

5 California Vehicle Code 23546 - Third time DUI in California; DUI punishments for Third offense;  ("(a) If a person is convicted of a violation of Vehicle Code 23152 and the offense occurred within 10 years of two separate violations of Section 23103 VC, as specified in Section 23103.5 VC, 23152 VC, or 23153 VC, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her driver's license to the court in accordance with Section 13550. (b) A person convicted of a violation of VC 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.

See also California Vehicle Code 23548 - Third time DUI in California; DUI penalties. Conditions of probation for third offense. ("(a)(1) If the court grants probation to any person punished under Section 23546, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in the county jail for at least 120 days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000)...(b) In addition to subdivision (a), if the court grants probation to any person punished under Section 23546, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.")

6 California Vehicle Code 23600 - Third offense DUI in California; sentencing. Conviction and pronouncement of sentence for violations of Vehicle Code 23152 or 23153; probation; minimum confinement or fine; violation of probation. ("(b) If any person is convicted of a violation of VC 23152 or VC 23153 and is granted probation, the terms and conditions of probation shall include, but not be limited to, the following: (1) Notwithstanding Section 1203a of the Penal Code, a period of probation not less than three nor more than five years.")

7 California Vehicle Code 23600. Conviction and pronouncement of sentence for violations of � 23152 or � 23153; probation; minimum confinement or fine; violation of probation. ("(b) If any person is convicted of a violation of Vehicle Code 23152 or 23153 and is granted probation, the terms and conditions of probation shall include, but not be limited to, the following: (1) Notwithstanding Section 1203a of the Penal Code, a period of probation not less than three nor more than five years; provided, however, that if the maximum sentence provided for the offense may exceed five years in the state prison, the period during which the sentence may be suspended and terms of probation enforced may be for a longer period than three years but may not exceed the maximum time for which sentence of imprisonment may be pronounced. (2) A requirement that the person shall not drive a vehicle with any measurable amount of alcohol in his or her blood. (3) A requirement that the person, if arrested for a violation of Section 23152 or 23153, shall not refuse to submit to a chemical test of his or her blood, breath, or urine, pursuant to Section 23612, for the purpose of determining the alcoholic content of his or her blood. (4) A requirement that the person shall not commit any criminal offense.")

8 California Vehicle Code 23575 --  Third time DUI in California penalties. Court-mandated use of ignition interlock device. ("(a)(1) In addition to any other provisions of law, the court may require that a person convicted of a first offense violation of [California Vehicle Code] Section 23152 or 23153 install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. The court shall give heightened consideration to applying this sanction to a first offense violator with 0.15 percent or more, by weight, of alcohol in his or her blood at arrest, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed three years from the date of conviction.")

See also California Vehicle Code 23700 VC -- Pilot program to reduce driving under the influence offenses; establishment in Alameda, Los Angeles, Sacramento, and Tulare Counties. ("(a) Notwithstanding any other provision of law, the Department of Motor Vehicles shall establish a pilot program in the Counties of Alameda, Los Angeles, Sacramento, and Tulare to reduce the number of first-time violations and repeat offenses of Sections 23152 and 23153, as follows: (1) The Department of Motor Vehicles, upon receipt of the court's abstract conviction for a violation listed in paragraph (7), shall inform the convicted person of the requirements of this section, including the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed by this code. (2) The department shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid driver's license. (3) Before a driver's license may be issued, reissued, or returned to a person after a suspension or revocation of that person's driving privilege that requires the installation of an ignition interlock device, a person who is notified by the department pursuant to paragraph (1) shall complete all of the following: (A) Arrange for each vehicle owned or operated by the person to be fitted with an ignition interlock device by a certified ignition interlock device provider under Section 13386. (B) Notify the department and provide to the department proof of installation by submitting the "Verification of Installation" form described in paragraph (2) of subdivision (g) of Section 13386. (C) Pay the fee, determined by the department, that is sufficient to cover the costs of administration of this section. (4) The department shall place a restriction on the driver's license record of the convicted person that states the driver is restricted to driving only vehicles equipped with a certified ignition interlock device. (5)(A) A person who is notified by the department pursuant to paragraph (1) shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. (B) The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. (6) The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to paragraph (1). (7) A person is required to install an ignition interlock device for the applicable term as a condition of being issued a restricted driver's license, being reissued a driver's license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation or a suspension of a person's driver's license, as follows: (A) A person convicted of a violation of Section 23152 shall be required to install an ignition interlock device, as follows: (i) Upon a first offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of five months. (ii) Upon a second offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 12 months. (iii) Upon a third offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 24 months. (iv) Upon a fourth offense or any subsequent violation, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 36 months. (B) A person convicted of a violation of Section 23153 shall install an ignition interlock device, as follows: (i) Upon a first offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 12 months. (ii) Upon a second offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 24 months. (iii) Upon a third offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 36 months. (iv) Upon a fourth offense or any subsequent violation, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 48 months. (C) The terms prescribed in this paragraph shall begin once a person has provided to the department proof of installation pursuant to paragraph (2) of subdivision (h) of Section 13386 and upon restoration of the driving privilege pursuant to Section 13352. (8) A person who is notified by the department, pursuant to this subdivision, is exempt from the requirements of this subdivision if within 30 days of the notification, the person certifies to the department all of the following: (A) The person does not own a vehicle. (B) The person does not have access to a vehicle at his or her residence. (C) The person no longer has access to the vehicle being driven by the person at the time he or she was arrested for a violation that subsequently resulted in a conviction for a violation listed in this subdivision. (D) The person acknowledges that he or she is only allowed to drive a vehicle that is fitted with a functioning ignition interlock device. (E) The person acknowledges that he or she is required to have a valid driver's license before he or she can drive. (F) The person is subject to the requirements of this section when he or she purchases or has access to a vehicle. (9) Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply to this section. (10) If a person fails to comply with any of the requirements regarding ignition interlock devices, the mandatory term for which the ignition interlock device is required to be installed shall be reset by the department. (b)(1) Every manufacturer and manufacturer's agent certified by the department to provide ignition interlock devices, under Section 13386, shall adopt the following fee schedule that provides for the payment of the costs of the ignition interlock device by offenders subject to this chapter in amounts commensurate with that person's income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code: (A) A person with an income at 100 percent of the federal poverty level and below is responsible for 10 percent of the cost of the ignition interlock device. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person. (B) A person with an income at 101 to 200 percent of the federal poverty level is responsible for 25 percent of the cost of the ignition interlock device. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person. (C) A person with an income at 201 to 300 percent of the federal poverty level is responsible for 50 percent of the cost of the ignition interlock device. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person. (D) All other offenders are responsible for 100 percent of the cost of the ignition interlock device. (2) The cost of the ignition interlock device may only be raised annually equal to the Consumer Price Index. (3) The offender's income may be verified by presentation of that person's current federal income tax return or three months of monthly income statements. (c) This section does not permit a person to drive without a valid driver's license. (d) The requirements of this section are in addition to any other requirements of law. (e) For the purposes of this section, "vehicle" does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period. (f) This section shall become operative on July 1, 2010.")

9 Following a plea or a jury conviction to a DUI charge, a defendant is usually placed on 3 to 5 years of probation. In a misdemeanor case, this is referred to as "summary probation" or "informal probation"-meaning the person does not need to report to a probation officer. The defendant may petition the court to terminate the DUI probation early, for example after 18 months. In reality, however, most judges are very reluctant to grant an early termination of probation in a DUI case. One of the terms of DUI probation is that the person may not drive with any measurable amount of alcohol in his system. Judges generally want to see the defendant bound by this term for as long as possible. Therefore, most judges will require the defendant to serve the complete term of probation before granting the DUI expungement and dismissing the case.

10 California Vehicle Code 23578 - Third time DUI in California punishments. Conviction of violation of Vehicle Code 23152 or 23153; alcohol concentration or refusal to take chemical test as special factor; penalty enhancement or probation. ("In addition to any other provision of this code, if a person is convicted of a violation of vc 23152 or vc 23153, the court shall consider a concentration of alcohol in the person's blood of 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.")

11 Id., See also California Vehicle Code 23577 - Third time DUI in California (enhanced) penalties. Willful refusal to submit to or failure to complete chemical test by person convicted of driving under the influence of alcohol or drugs; penalties...(a) If any person is convicted of a violation of Vehicle Code 23152 or 23153, and at the time of the arrest leading to that conviction that person willfully refused a peace officer's request to submit to, or willfully failed to complete, the chemical test or tests pursuant to Section 23612, the court shall impose the following penalties: (1) If the person is convicted of a first violation of Section 23152 vc, notwithstanding any other provision of subdivision (a) of Section 23538, the terms and conditions of probation shall include the conditions in paragraph (1) of subdivision (a) of Section 23538. (2) If the person is convicted of a first violation of Section 23153 vc, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted and no part of which may be stayed, unless the person is sentenced to, and incarcerated in, the state prison and the execution of that sentence is not stayed. (3) If the person is convicted of a second violation of Section 23152 vc, punishable under Section 23540, or a second violation of Section 23153 vc, punishable under Section 23560, the punishment shall be enhanced by an imprisonment of 96 hours in the county jail, whether or not probation is granted and no part of which may be stayed, unless the person is sentenced to, and incarcerated in, the state prison and execution of that sentence is not stayed. (4) If the person is convicted of a third violation of Section 23152 vc, punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation is granted and no part of which may be stayed. (5) If the person is convicted of a fourth or subsequent violation of Section 23152 vc, punishable under Section 23550 or 23550.5, the punishment shall be enhanced by imprisonment of 18 days in the county jail, whether or not probation is granted and no part of which may be stayed.")

In addition, Vehicle Code 13353 permits the DMV to suspend your driver's license for multiple years when dealing with a second offense DUI in California.

12 Many counties will impose an additional county jail sentence if you caused an accident on your third time DUI in California, even though the accident did not result in injury.

13 California Vehicle Code 23572 -- DUI sentencing for third time DUI in California (aggravating factors). Conviction of violation of Vehicle Code 23152; minor in vehicle; enhanced punishment. ("(a) If any person is convicted of a violation of Section 23152 and a minor under 14 years of age was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties in addition to any other penalty prescribed: (1) If the person is convicted of a violation of Section 23152 vc punishable under Section 23536, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted, no part of which shall be stayed. (2) If a person is convicted of a violation of Section 23152 vc punishable under Section 23540, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation is granted, no part of which may be stayed. (3) If a person is convicted of a violation of Section 23152 punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 30 days in the county jail, whether or not probation is granted, no part of which may be stayed. (4) If a person is convicted of a violation of Section 23152 vc which is punished as a misdemeanor under Section 23550, the punishment shall be enhanced by an imprisonment of 90 days in the county jail, whether or not probation is granted, no part of which may be stayed.

14 If you are under 21 at the time of your third time DUI conviction in California, you will additionally be convicted of Vehicle Code 23136 (a civil offense under California's zero tolerance policy) and of an infraction under Vehicle Code 23140 (driving with a BAC of 0.05% to 0.07%).

15 California Vehicle Code 23582 -- Driving under the influence for third time in California; addition penalty for excessive speed and reckless driving during commission of offense; additional punishment. ("(a) Any person who drives a vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum, prima facie, or posted speed limit on any other street or highway, and in a manner prohibited by Section 23103 during the commission of a violation of Section 23152 or 23153 shall, in addition to the punishment prescribed for that person upon conviction of a violation of Section 23152 or 23153, be punished by an additional and consecutive term of 60 days in the county jail.")

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