3rd Dui California

Drunk driving is considered to be an offence in the state of California. Serious penalties are imposed on the offenders who don’t follow the law. Conviction of the third offence of DUI is very devastating and severe as it is considered to be a serious offence.

DUI arrest for the third time leads to the automatic suspension of license.

The third DUI unlike the first and the second has a jail term of 120 days as the statutory minimum. Hence, it is considered to be a serious offence.

Third DUI offense in California

As discussed earlier the DUI arrest leads to license suspension and the Department of Motor Vehicles (hereinafter referred to as “DMV”) will revoke the driving privileges. You may challenge your suspension within a period of ten days and the right to appeal is given to you.

3rd DUI consequences in CA

Once the Challenge request is received by the DMV, a hearing of the concerned parties will be scheduled. It is important to note that this hearing will be purely administrative in nature. The procedure includes the review of the evidence which will determine whether the arrest is warranted or not. The suspension will not cease to have effect till the arrest is deemed to be or proved to be unlawful by the parties.

If the attorney is in a condition to negotiate a deal, then the aggrieved person may get a restricted license after suspended license is served for six months. It is important to note that this will only be applicable if the person is not in probation for a previous DUI offence under the DUI Law.

3rd DUI Penalties and Jail Time

The third DUI or driving under the influence has many consequences such as a Jail term for 120 to 365 Days, fines which are above $2,500 and a 3 to 10 years suspension of license. A person may also be required to go through an alcohol program for 18 months and probation of three to 5 years. Depending upon the jurisdiction of the offence a Morgue program or Community service may also be the consequences.

It is further important to note that the offences that DMV imposes is different from those penalties imposed when there is DUI charge which is criminal in nature. Regardless of the conclusion of administrative hearing, additional penalties, such as possible jail sentence and longer license suspension may be imposed.

While deciding the exact term of sentence the DMV will to account the previous history. The previous history may also include the refusal or failure to take the concerned chemical test or examination.

An arrest of DUI is reasonable and lawful is a person has a Blood Alcohol Content (hereinafter called as “BAC”) of around 0.08% or more. It is mandatory and not optional on part of the people to take test such as urine test, blood test or breathalyzers to get their BAC calculated. If in any case a person refuses to take the test he may be arrested for DUI and this will be a warranted arrest. If a person is arrested for the third time for failing to take the test then a possible jail sentence and a two year license suspension may be imposed.

Is 3rd DUI a Felony

An offence for DUI is either a felony or a misdemeanor. Usually a third DUI is charges as a misdemeanor.

In case the person is charged for the fourth time within ten years for injuring or killing a person due to the influence of the alcohol then the person may be charged for felony.

It is important note that a good attorney may always change the case and may negotiate a deal. Hence, a third DUI is not a felony. Irvine DUI law also has the same provisions.