What is the sentence for driving under the influence with three prior convictions in California?
A conviction for a violation section 23152 of the California Vehicle Code with three prior convictions for driving under the influence offenses has very serious consequences. Prior convictions can be for section 23152, misdemeanor driving under the influence, section 23153, which involves an injury accident and may be either a misdemeanor or a felony, or section 23103 within the meaning of 23103.5, which is commonly referred to as a wet reckless. The convictions must be within ten years of the current violation.
Out of state prior convictions of offenses having the same elements as similar offenses in California may be charged as priors in California. However, there need not be the same right to a jury trial that you would receive had the offense occurred in California in order to be charged as a prior conviction. A conviction for a DUI with three prior convictions designates a person as a habitual traffic offender for 3 years after the conviction.
In most cases probation will be granted for 60 months under the following terms and conditions.
- The imposition of a county jail term ranging from a 180 day mandatory minimum to 1 year; and,
- a minimum fine of $390 up to a maximum fine of $1000; and,
- a four year driver’s license revocation;1 after serving 12 months of the revocation DMV will issue a restricted license if certain conditions are met that can be used to drive to and from work, during the course of employment, and to an alcohol program.
- The court may require the completion of an 18 month alcohol program, or a 30 month program if available in the county of employment or residence.2
- If there is a violation of any of the terms and conditions of probation the court will revoke probation and impose sentence, or the court may reinstate probation and add additional terms and conditions including more time in custody.
- Other mandatory terms and conditions under section 23600 of the California Vehicle Code will also be imposed:
- not drive with alcohol in your system;
- take a chemical test for drugs or alcohol whenever requested to by any law enforcement officer;
- not drive without a valid driver’s license;
- Obey all laws.
In those cases were probation is not imposed the sentence is the following.
- Imposition of a mandatory minimum jail sentence of 180 days up to one year.3
- Imposition of a minimum fine of $390 up to a maximum fine of $1000.4
- A driver’s license revocation of 4 years;5 the completion of an 18 month alcohol program or a 30 month if one is available in the county of employment, or residence, after completion of 12 months of the program DMV will issue a restricted license if certain conditions are met that can be used to drive to and from work, during the course of employment, and to an alcohol.6
- The court may impose a 10 year revocation where the three or more priors are for violations of sections 23152, a misdemeanor dui, or 23153, a dui with an injury accident as either a felony or misdemeanor; the court must consider the following when making such an order a) the level of remorse for the conduct, b) how recent are the prior conviction(s), c) how high was the blood alcohol level, d) whether the person enrolled in an alcohol program, e) the risk to public safety the person poses, f) Whether an interlock device has been installed;7 if a license is revoked under this section DMV will reinstate if an interlock device has been installed in any vehicles owned or driven and compliance with other conditions.8
1 Section 13352(a)(7) of the California Vehicle Code
2 Section 23552(c) of the California Vehicle Code
3 Section 1170(h) of the California Penal Code
4 Section 23550(a) of the California Vehicle Code
5 Sections 13352(a)(7), 23550(a) of the California Vehicle Code
6 Section 13352(a)(7) of the California Vehicle Code
7 Section 23597(a) of the California Penal Code
8 Section 23597(c) of the California Vehicle Code