3rd DUI Penalties

California law is harsh when it comes to 3rd DUIs because of the harm and risk they pose to the public. As with all DUIs 3rd DUIs Criminal Court consequences.  Unlike a 1st DUI, a 3rd DUI has mandatory jail and a very long license Suspension.  A 3rd DUI is like any other DUI case when it comes to defenses: DUI cases involve a number of winning scientific, legal and factual defenses that can be raised, depending on the nature of the case

DMV consequences for 3rd DUI’s in California:

The California DMV has a strict mandate to remove drunk  drivers for the road through their APS hearing process.  APS stands for “Administrative per se” and involves an automatic license suspension if the driver fails to make a timely request for a DMV hearing.

3rd DUI License Suspension in California: DMV’s 3rd DUI License Suspension

The DMV will suspend the driving privileges of a driver with 3DuIs for a period of 3 years.  The DMV will also require  The DMV suspension is separate and apart from the criminal court penalties which can include Driver’s license restrictions, mandatory jail time, fines and probation.


The DMV APS process  is statutorily designed to adress alcohol DUI cases and not drug DUIs.  This is due to the fact that there is no “perse”limit for ongs in a driver’s system unlike alcohol which has the established ,08%  limit.

If a driver is accused of drug DUI, the Dmvwill not suspend that persons license through the APs process, but the driver can still face court consequences.

Criminal Court consequences for a 3rd DUI in California:

For a misdemeanor 3rd DUI, the law in California requires a minimum of 120 days in county jail, witra maximum of ane year. For felony DUI cases, 3 to 5 years in state prison is the typical sentence, with longer terms for more egregious Cases. Felony DUI cases involve accidents  with serious injuries to victims or other aggravating factors,

In addition to mandatory minimum jail time, 3rd-DUI Cases often involve court ordered alcohol education, ignition Interlock devices, lengthy probation, large fines and a criminal record.