How a California Third DUI Is Handled
Two priors within 10 years change a DUI case sharply. A California third DUI carries a longer minimum jail term, a license revocation and a special designation. Each part comes from a specific statute.
The priors must fall within the time window and must have led to convictions. So the record of each earlier case matters a great deal.
Which Priors Count
Vehicle Code section 23546 applies when the new offense occurred within 10 years of two separate violations that resulted in convictions. The listed priors include sections 23152 and 23153. Like the second offense rule in section 23540, they also include a qualifying reckless driving conviction.
Any combination of those priors can count. Therefore, one DUI and one wet reckless plea may be enough.
The California Third DUI Sentence Range
Section 23546 sets county jail of 120 days to one year. It also sets a fine of $390 to $1,000. Then the DMV revokes the license under the paragraph that the section cites.
The court must also require the person to surrender the license. As a result, driving rights end for a set period after the conviction.
Probation for a California Third DUI
Under Vehicle Code section 23548, a court that grants probation must impose at least 120 days of jail and the same fine range. The section also allows a DUI program of at least 30 months.
When the court orders that program, the statute sets a different custody term in place of the 120 day minimum. So the program choice and the jail term connect closely.
Habitual Traffic Offender Status
Section 23546 designates the person as a habitual traffic offender for three years after the conviction. The court must advise the person of that label. In practice, the label can affect penalties for later driving offenses.
The article on driving suspended after DUI explains how license violations add risk during that time.
Planning and Records
A third case often takes longer to resolve. So gather records from each prior, including court dockets and DMV printouts. Then confirm the offense dates against the 10 year rule.
The guide on California DUI lookback rules explains date counting. Meanwhile, the article on California fourth DUI cases shows how a further prior can raise the charge to a felony.
Long programs also require steady attendance. For example, a 30 month program spans more than two years of classes and meetings. So plan transportation and work schedules with that span in mind.