The Web's Premiere Guide To Handling A California DUI.

California DUI 3rd/Third Offense Penalties

What punishment am I facing for a third-time DUI?

Southern California DUI Defense

Our Los Angeles DUI Lawyers point out that penalties only ensue from conviction. Conviction means that you have either entered a "guilty" plea... or been found "guilty" by a jury.

In the case of DUI charges that involve allegations of prior offenses, the prosecution bears the burden (responsibility) of proving they occurred. Failing that, prior offenses cannot be used to increase California DUI penalties.

When convicted of driving under the influence in California for the third time, the potential penalties are as follows:

  • informal (otherwise known as "summary") probation for three to five years,
  • a minimum of 120 days to a maximum of one year county jail,
  • between $390-$1,000 in fines,
  • a 30-month court-approved DUI school,
  • a three-year driver's license suspension, and
  • designation as a "habitual traffic offender" (HTO) by the California DMV.

While the California Vehicle Code allows all of these penalties to be imposed, maximum punishment is infrequent. In particular, our Los Angeles DUI Lawyers have been successful at keeping jail time, informal probation, alcohol programs, and license suspensions to a minimum.