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Third Offense DUI Laws in California | Wallin & Klarich
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December 21, 2015
Third Offense DUI

A third offense DUI carries harsher penalties.

Third Offense DUI Laws in California

Driving under the influence of alcohol or drugs is a serious crime in California. If you are convicted of DUI, you face harsh penalties. But the punishment is even more strict if you’ve previously been convicted of DUI.

If you’re convicted of a third DUI offense within a 10-year period, the consequences you face are substantial.

The 10-Year Rule for DUI

If you’ve previously been convicted of DUI, timing is crucial in your current DUI case. In order for a past DUI conviction to count against you as a “prior” offense, it must have occurred within the last 10 years. This means that if any previous convictions occurred more than 10 years ago, it will not affect the punishment you could face. However, your punishment increases significantly if this is your second, third or subsequent offense.

Third Offense DUI Penalties in California

If you are charged with a third or subsequent DUI within 10 years, the penalties you face are severe. If convicted, you will be required to serve at least 120 days in county jail. You could be sentenced to as many as 364 days in jail. You could also be fined up to $1,000.

In addition to mandatory jail time and expensive fines, your driver’s license could be suspended for three years if you are convicted of a third offense DUI. You will have no possibility to obtain a restricted license for at least 18 months.

You will also be ordered to attend a 30-month alcohol education program for a third or subsequent DUI conviction. The program consists of both lecture-style classes as well as group sessions that require individual participation.

Comparing First and Second DUI Penalties

Just how harsh are the penalties for a third DUI conviction? Let’s take a look at the penalties for a first and second DUI.

First DUI:

  • Up to six months in county jail
  • Fines of up to $1,000
  • License suspended for 6-10 months
  • 9-month alcohol education program

Second DUI offense:

  • Up to 364 days in county jail (96 hours minimum)
  • Fines of up to $1,000
  • License suspended for two years
  • 18-month alcohol education program

Call the DUI Defense Attorneys at Wallin & Klarich

If you are facing DUI charges in California, you need to speak to an experienced DUI defense attorney immediately. At Wallin & Klarich, our skilled attorneys have been successfully defending clients facing DUI charges for over 40 years. We’ve helped thousands of people in their time of legal need, and we can help you now.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich DUI attorney available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.


paul wallin

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 40 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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