There are only two instances that can make the police arrest you for a DUI charge in California; if you drive while under the influence of drugs and alcohol, or if your blood alcohol concentration tests to be 0.08% or more.
Unlike most crimes where you will not get any formal penalties until you receive a conviction of the offense, with DUI in California, just an arrest can bring several consequences such as a fee or suspension of your license. The California Department of Motor Vehicles is in charge of administering these consequences. The effects get stricter with each repeat DUI offense.
The third DUI offense is a misdemeanor that may get you to serve up to 120 days in jail or a year of imprisonment upon the orders of the judge. However, a reasonable attorney may negotiate for a house arrest instead or a community service. You may also get to pay a fine that ranges in-between $390 to $1000, but the amount may be more depending on the penalty fees that you get to spend. A third DUI also comes with some penalties that include attending an 18-month DUI school, getting probation between 3 to 5 years, and a license suspension of not less than three years.
During the license suspension period, you can apply for a restricted license. Before you start driving again, you will require to have an ignition interlock device in your car. You must stay with the IID device for not less than 24 months regardless of whether you want to get your license back or if you are operating on a restricted license.
This information aims to educate on the effects of a third DUI claim. Do not consider it to be legal advice.
