Drivers License Suspension for a 3rd-Time DUI in California

If you get convicted in California for a third-time DUI, the DMV will suspend your license for three years. However, the DMV may permit you to continue driving if you get an ignition interlock device installed.

In order to avoid getting your license suspended at all, you need to win both your:

• Criminal case and
• DMV hearing.

The following chart summarizes the license suspension periods in DUI-3rd and other drunk driving cases.

CALIFORNIA LICENSE SUSPENSIONS	First offense in 10 years	Second offense in 10 years	Third offense in 10 years
DUI conviction	6 months*	2 years^	3 years^
Chemical test refusal	1 year	2 years	3 years
Underage DUI (BAC < .08%)	1 year	1 year	1 year
* If your BAC is .15% or higher, the judge can impose a longer suspension. If you win your criminal case but lose your DMV hearing, then the suspension is only 4 months.
^ If your BAC is .15% or higher, the judge can impose a longer suspension. If you win your criminal case but lose your DMV hearing, then the suspension is only 1 year.

The Criminal Court Case

If you are convicted of drunk driving in California for the third time in ten years, the criminal court judge will impose a three-year license suspension. It does not matter if the two prior offenses were for “wet reckless” or occurred in another state.¹

In addition to a three-year license suspension, a DUI-3rd conviction also carries:

• 120 days to 1 year in county jail plus probation,
• $2,500 to $3,000 in fines and penalty assessments, and
• a 30-month court-approved DUI education program.

If instead your current charge is for something less than DUI, such as a:

• wet reckless,
• dry reckless, or
• exhibition of speed,

a conviction should not trigger any license suspension.

The DMV Case

When you get arrested for a third-time DUI in California, the DMV takes administrative action against your driver’s license. This is separate and apart from your DUI court case.

You are given the option to request an APS (“admin per se”) hearing to determine if your BAC was .08% or higher when you drove. If you lose the hearing – or you do not request one in time – the DMV will impose a one-year driver’s license suspension.²

If you lose both your

• criminal case (which carries a three-year license suspension), and
• DMV case (which carries a one-year license suspension),

the two suspension periods run concurrently. This means your license remains suspended for three years, not four.

IID Restricted License

If you get a third DUI in California, you should be able to continue driving as long as you keep an IID in your car. This is a breathalyzer device that disables your car if it detects alcohol in your breath sample.³

IIDs are pricey to install and maintain, but there are no restrictions about where you can drive once you get one.

Following a third-time DUI, you must keep an IID in your cars for two years.

Additional Resources

For more information, refer to the following:

1. Alcoholics Anonymous – 12-step program for overcoming alcoholism.
2. Drunk Driving Overview – NHTSA page on drunk driving statistics and prevention.
3. Impaired Driving: Get the Facts – CDC fact sheet on impaired driving.
4. Driving Under the Influence (DUI) – California DMV page on driver license suspension for DUIs.
5. MADD – Non-profit organization devoted to stopping drunk driving.

Also see our articles on First-Time DUI & Drivers License Suspensions and Second-Time DUI & Drivers License Suspensions.

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Legal References