Q: What happens on a third DUI?
A: The answer to your question will depend largely upon the facts of your case, such as whether there was an accident and how high your BAC (blood alcohol content) was. Assuming that there was no accident and the case was not charged as a felony, IN SAN DIEGO ONLY your sentence should be roughly:
Imposition of sentence suspended for 5 years (this is probation) during which time you may violate no laws or risk revocation of probation and will be charged $100 and face having to perform the other terms that were suspended.
120 Days of custody in county jail (mandatory)
$2,674 fine including $100 Substance Abuse Assessment Unit fee, plus $100 Probation Revocation and Restitution Fee (suspended unless and until you violate probation)
Standard Alcohol Conditions (SAC) (VC23600) (mandatory)
1. Not drive with any measurable amount of alcohol in blood;
2. Submit to any test at the request of a peace officer for detection of alcohol and drugs;
3. Violate no laws regarding driving a motor vehicles while under the influence or in the possession of alcohol or drugs;
4. Not drive without a valid license and proof of insurance.
Multiple Conviction Program- Drug/Alcohol classes (mandatory)
Driving under the influence victim impact panel (MADD)
DMV will revoke license for 3 Years
Surrender license (mandatory IF not previously surrendered to law enforcement or DMV)
1-90D vehicle impound (mandatory IF prior conviction was w/in 5 years)
Designate as habitual offender for 3 years (VC23546(b)) (mandatory)
Refer to SAAU (mandatory)
VC 23593 advisal (mandatory)(if you drink and drive and someone dies you can - and likely will- be charged with murder.
The Court will consider Ignition Interlock Device (max term 3 years)
If you are in Riverside or Los Angeles or elsewhere in the state, your penalty may be considerably tougher.
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