Penalties for Third DUI

THIRD DUI OFFENSE IN 10 YEARS VEHICLE CODE § 23152

VC § 23546 WITHOUT PROBATION
Jail:
120 days to 1 year.
Fine:
$390 to $1,000 plus assessment.
Treatment:
None required; however, DMV will not reinstate license until proof of completion of a treatment program is received at its headquarters. VC § 13352(a)(5).
License:
DMV will impose a 3-year revocation.
VC § 13352(a)(5).
Defendant must surrender license to the court.
NOTE:
VC §23578: In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person’s blood of 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.
VC § 23548 WITH PROBATION (See also, VC § 23600)
Jail:
120 days to 1 year.
Fine:
$390 to $1,000 plus assessment.
Treatment:
Must order completion of an 18-month program if one was not previously completed and if a 30-month program is not ordered. May order a 30-month program, which will result in a 30-day to 1-year jail term instead of the jail term specified above. The court must advise the defendant that the driving privilege will not be restored until proof of successful completion of a program is received at DMV in Sacramento.
License:
DMV will impose a 3-year revocation. VC § 13352(a)(5).
Defendant must surrender license to court.
Miscellaneous Penalties
Restitution:
Restitution fine of $100 – $1,000 and restitution to victim(s) or Restitution Fund. PC § 1202.4.
Impound:
Must order the vehicle impounded for up to 90 days if offense is within 5 years of 2 or more prior DUI convictions, unless “interest of justice” exception applies. VC §23594. May order forfeiture of vehicle. VC § 23596. (Defendant must be the registered owner of the vehicle used in the offense.)
Ignition Lock Device:
May order installation of an ignition interlock device as a condition of probation. VC § 23575(1). (Note – DMV will notify the defendant of the possibility of requesting an lID to get a restricted license after 18 months of the suspension period. See VC § 13352(a)(5).)
Habitual Traffic Offender:
Must designate defendant as an habitual traffic offender for 3 years. VC § 13350(b), 14601.3(e)(3).
Enhancements
Refusal:
10 days in county jail, whether or not probation is imposed. VC §23577, In addition, the DMV will prohibit a driver of a commercial vehicle from operating a commercial vehicle for one year upon a first refusal, or ever again for a second or subsequent refusal. VC§15300(s)(9), 15302(i).
Commercial Vehicle:
The DMV will prohibit a driver of a commercial vehicle from operating a commercial vehicle ever again if he or she is convicted of a second or subsequent DUI violation. VC § 15302(a) and (b).
Defendant
(13-21 yrs):
The court shall order an additional 1-year suspension or delay in issuance of license. Exception based on critical need to drive. VC §13202.5.
Defendant
(under 18 yrs):
DMV shall revoke license (a) until person turns 18, (b) for one year, or (c) for the duration of any restriction, suspension, or revocation as specified in VC § 13352(a), whichever is longer. ye § 13352.3.
Minor
Passenger
(under 14 yrs):
30 days in county jail, whether or not probation is imposed. VC §23572.
Excessive Speed:
Additional and consecutive 60 days in jail if defendan ’s speed exceeds the posted speed limit by 30 or more miles per hour on a freeway, or 20 or more miles per hour on any other street or highway and the driving is reckless under VC § 23103. Treatment program is required if probation is not granted. VC § 23582.
Prior Felony Conviction(s):
Driver’s license will be revoked by the DMV for four years pursuant to VC § 23550,5 if any prior felony convictions are for a violation of VC §23152, 23153 or PC § 191.5 or 192(c)(1) or (3) within 10 years.
Prior DUI Conviction
More than 10 Years Ago, or
PC § 647(o)
Conviction
Defendant must be ordered into an
alcohol or drug problem assessment program. VC § 23646(b)(3)(A).

 

THIRD OR SUBSEQUENT DUI OFFENSE WITH INJURIES IN 10 YEARS VEHICLE CODE § 23153

VC § 23556 WITHOUT PROBATION
Prison:
2, 3, or 4 years in state prison.
An additional and consecutive 3 years in state prison if offense
results in a fifth or subsequent VC §§ 23152/23153
conviction and offense caused great bodily injury to another
person.
Fine:
$1,015 to $5,000 plus assessment.
Treatment:
None required; however, DMV will not reinstate license until proof of completion of a treatment program is received at its headquarters. VC § 13352(a)(6).
License:
DMV will impose a 5-year revocation,
VC § 13352(a)(6).
Defendant must surrender license to court.
VC § 23568 WITH PROBATION (See also, VC § 23600)
Jail:
A minimum of 1 year in jail (or a minimum of 30 days if a 30-month program ordered). See VC § 23568(a) and (b).
Fine:
$390 to $5,000 plus assessment.
Treatment:
Completion of an 18-month (or 30-month) program. The court must advise the defendant that the driving privilege will not be restored until proof of successful completion of a program is received at the DMV’s headquarters.
License:
DMV will impose a 5-year revocation.
VC § 13352(a)(6).
Defendant must surrender license to court.
NOTE:
VC §23578: In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person’s blood of 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.
Miscellaneous Penalties
Restitution:
Restitution fine of $200 to $10,000 and restitution to victim(s) or Restitution Fund. PS § 1202.4.
Impound:
Must order the vehicle impounded for up to 90 days if offense is within 5 years of 2 or more prior DUI convictions, unless “interest of justice” exception applies. VC §23594. May order forfeiture of vehicle. VC § 23596. (Defendant must be the registered owner of the vehicle used in the offense.)
Ignition Lock Device:
May order installation of an ignition interlock device as a condition of probation. VC § 23575(1). (CAVEAT – DMV will notify the defendant of the possibility of requesting an IID to get a restricted license after 30 months of the revocation period. See VC § 13352(a)(6).)
Habitual Traffic Offender:
Must designate defendant as an habitual
traffic offender
for 3 years. VC § 13350(b), 14601.3(e)(3).
Enhancements
Refusal:
None specified. VC § 23577, However, the DMV will prohibit a driver of a commercial vehicle from operating a commercial vehicle for one year upon a first refusal, or ever again for a second or subsequent refusal, VC § § 15300(a)(9), 15302(i).
Commercial Vehicle:
The DMV will prohibit a driver of a commercial vehicle from operating a commercial vehicle ever again if he or she is convicted of a second or subsequent DUI violation. VC § 15302(c) and (d).
Multiple Victims:
On felony conviction, 1 year in state prison per additional victim; 3-year maximum.
Victim = bodily injury or death. VC § 23558.
Defendant
(13-21 yrs):
The court shall order an additional 1-year suspension or delay in issuance of license. Exception based on critical need to drive. VC §13202.5.
Defendant
(under 18 yrs):
DMV shall revoke license (a) until
person turns 18, (b) for one year, or (c) for the duration of
any restriction, suspension, or revocation as specified in VC
§ 13352(a), whichever is longer. ye § 13352.3.
Minor
Passenger
(under 14 yrs):
30 days in county jail, whether or
not probation is imposed. VC §23572.
Excessive Speed:
Additional and consecutive 60 days in jail if defendant’s speed exceeds the posted speed limit by 30 or more miles per hour on a freeway, or 20 or more miles per hour on any other street or highway and the driving is reckless under VC § 23103. Treatment program is required if probation is not granted. VC § 23582.
Prior Felony Conviction(s):
Driver’s license will be revoked by the DMV for four years pursuant to VC § 23550,5 if any prior felony convictions are for a violation of VC §23152, 23153 or PC § 191.5 or 192(c)(1) or (3) within 10 years.
Prior DUI Conviction
More than 10 Years Ago, or
PC § 647(f)
Conviction
Defendant must be ordered into an
alcohol or drug problem assessment program. VC § 23646(b)(3)(A).

 

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