What needs to be done to avoid 3rd DUI Jail Time in California:
People with a 3rd DUI should be aware of the jail time California imposes for a 3rd DUI. California Vehicle Code 23546 and 23548 enumerate the mandatory jail time imposed on 3rd DUI cases in California. More frequent DUI offenses are treated with stiffer penalties and harsher conditions. Like all DUI’s, a 3rd DUI in California carries penalties from both the Courts and the DMV.
The penalties for 3rd DUI in California are:
Minimum 120 days jail time up to a maximum of 1 year
Driver’s License Suspension (3 year court ordered suspension)
Designation as a habitual driving offender
Over $3000 in fines and court fees
1 year driver’s license revocation
The amount of jail time served for a 3rd DUI in California can be reduced by participation in alcohol rehabilitation at a designated facility. The ability to reduce the jail time served is described in CVC 23548, which lists the probation requirements to receive a shorter jail term than that required under CVC 23456.
Aggravating factors that will increase 3rd DUI Jail time in California:
The minimum 120 days in county jail will be imposed in the typical 3rd DUI case. For 3rd DUI penalties to apply, the 3rd DUI offense has to occur within 10 years of the first DUI. If certain things happened during the 3rd DUI offense, the court will impose a longer jail term. This list of “aggravating” factors that increase jail time for a 3rd DUI are:
-Refusal to submit a chemical sample
-A high blood alcohol concentration (above .15)
If any one of these factors is present in a 3rd DUI case, a longer jail term of up to one year is likely. If people other than the DUI driver are seriously injured as a result of an accident, felony DUI charges may be brought against the driver.
How to avoid 3rd DUI Jail Time in California:
Avoiding jail time for 3rd DUI in California starts with picking a lawyer who understands the defenses used in DUI cases and the strategies for lowering jail time if it is imposed by a court. A DUI lawyer will be familiar with
–Home Confinement using electronic monitoring
-Alcohol Rehabilitation Treatment
-Plea agreements to lower charges
All of these are used to avoid or drastically lower the amount of jail time served by a 3rd DUI driver in California.