If you’ve been convicted for two DUIs within ten years, you may think you know what to expect – the same fines, penalties, jail terms and other requirements as the last time. Under state law, anyone who is a habitual drunk driver, anyone convicted of more than one DUI within ten years) faces harsher punishments each time. As a result, the consequences of a third offense DUI are much worse than the punishment for first and second offenses.
The consequences of a third offense DUI depend heavily on whether or not the driver submitted to a chemical test. A driver who is arrested for a third DUI in ten years and submits to a chemical test faces a two-year license suspension and required SR-22 insurance for the three years following their license suspension. They also have the option of requesting a restricted license after eighteen months.
Those who refuse to submit to a chemical test face much stricter penalties, including additional license suspension of up to one year for a first refusal, two for a second refusal, and three for a third refusal. Drivers who don’t submit a chemical test cannot obtain a restricted license.
As you may remember from your last two convictions, a DUI arrest triggers an automatic license suspension. You only have ten days to challenge your suspension with the Department of Motor Vehicles, so it’s crucial to find a qualified criminal defense attorney quickly. Once the DMV receives your request, you’ll be granted a hearing where a DMV official will review the evidence against you and decide if your arrest was warranted. If the arrest was legal, in their opinion, your license will remain suspended.
The punishment given to you by the DMV is separate from the penalties stemming from a criminal conviction in court. The criminal penalties of a third offense DUI include three to five years informal probation, a fine between $1,800 and $2,800, a minimum of a two year loss of your driver’s license, mandatory 18-month DUI classes, and a required 120 days of jail. Though it is possible to have your jail term converted to an alternative, like home arrest, rehab or a combination of the two, many counties insist on at least 210 days of jail, and others require a full year prison sentence.
Though these are the typical penalties for a third offense DUI, the specific punishments rely on the specifics of the case and your previous DUI history. If the courts deem your blood alcohol level to be excessively high, or if you caused an accident or had a minor in the car with you at the time of arrest, enhancements can be added to your punishment- including additional time added to your license suspension, increased jail time, or the required installation of an Ignition Interlock Device, a breathalyzer-type device attached to your vehicle which must be blown into before the engine can be started.
If you’re found guilty of a third offense DUI, you’ll also be designated as a habitual traffic offender by the DMV. This designation can increase fines and penalties for future traffic violations.