THIRD DUI OFFENSE PENALTIES
The penalties for a 3rd DUI offense within a 10 year period are much harsher than those for a 1st or 2nd offense. A person convicted of a third DUI offense is one DUI away from getting charged with a felony (a fourth DUI offense within a 10 year period is a felony). For a misdemeanor offense not involving injury, the statutory minimum penalties for a third offense DUI in Los Angeles include:
- Summary probation for 5 years;
Minimum 120 days county jail;
Fine $390 + penalty assessments – approximately $2,000 (or converted to 3 days jail, 3 days community labor, or 35 hours community service (total hours may vary by court));
18 month alcohol education program (SB38);
Mandatory court fees approximately $300 (varies by courthouse);
Driver's license suspension of up to 3 years, with immediate eligibility for a restricted license upon installation of an ignition interlock device (IID) (*for offense dates prior to 1/1/2019, a 180 day mandatory "hard" suspension period must be completed prior to the restricted license being issued).
Prosecutors frequently seek additional penalties for a driver convicted of a 3rd DUI offense, particularly if the driver is still on probation for his or her second offense. Aggravating factors of the current case, including a very high blood alcohol content result or an accident, are considered, however prosecutors may look back at the facts of the prior cases as well. Additional punishment will be sought if the person was also driving on a suspended license due to a prior DUI offense. Additional penalties for a third DUI offense in Los Angeles include:
- Additional Jail time, up to 12 months, longer if there is also a probation violation;
- Mothers Against Drunk Driving (MADD) – 1 day class;
- Hospital & Morgue Program (HAM) – 1 day and a half class;
- Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings (in addition to what is ordered by the alcohol program);
- Community Labor, Cal Trans, or Community Service hours;
- SCRAM - alcohol monitoring;
- Electronic home confinement (house arrest)
The penalties for DUI are the same regardless of whether the offense involved alcohol, marijuana, illegal drugs, or prescription drugs. Any substance that impairs your ability to safely operate a motor vehicle can result in you being arrested and charged with DUI. A third DUI offense may have serious immigration consequences for a person who is not a United States citizen. Additional punishment may be imposed if you are still on probation for your second DUI offense.
CONTACT A LOS ANGELES DUI LAWYER
If you have been arrested for DUI in Los Angeles it is best to seek representation of an experienced DUI lawyer, especially if this is your third DUI offense. If you have been arrested for DUI in Los Angeles call our office today at (877) 203-4377 or submit our CONTACT form. It may be helpful following a third offense DUI arrest for the person to voluntarily begin attending AA or NA classes and, if bail has not already been posted following the DUI arrest, to put on the SCRAM alcohol monitoring bracelet. CONTACT our office today to discuss your specific situation.