San Diego Atorney for 3rd DUI | The Law Offices of Michael E. Cindrich

A third Driving While Under the Influence (DUI) conviction in California triggers a mandatory designation as a Habitual Traffic Offender (HTO). The chances of losing your license or facing a long-term suspension are substantially higher after a third DUI and as an HTO. The chances for reduced jail time, for lower fines, and for finding affordable insurance, plummet as well.

Defense Attorney for 3^rd DUI in San Diego

Fighting a DUI is always important – but if you’ve already got 2 DUI convictions, your freedom and future could easily rest on whether or not you have strong representation.

Attorney Michael Cindrich has decades of experience protecting clients in DUI cases, including in the most severe DUI cases. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

Overview of a Third DUI in California

Third DUI under California Law
Third DUI Cost in California
Will I Lose My License After a Third DUI in California?
30-Month DUI Program
Penalties for Refusing a Chemical Test for a 3rd DUI
Additional Resources
Hire a Defense Lawyer for 3^rd DUI in San Diego

Third DUI under California Law

A third DUI conviction in California carries mandatory jail time, higher fines and a definite driver’s license revocation. In addition, you will be labeled a Habitual Traffic Offender (HTO) per Vehicle Code Section 23546(b). As an HTO, any moving traffic violation will be increased significantly, and you will face stronger jail or prison sentences.

Third DUI Cost in California

Fines for a third DUI range from $390 to $1,000 under Vehicle Code Section 23546, but additional court fees and penalty assessments can multiply the total amount several times over. Many offenders find themselves paying thousands of dollars in total court-imposed fines and fees.

Mandatory DUI education programs add to the financial burden. Enrollment in a 30-month program can cost $1,500 to $2,500. Additionally, offenders are required to obtain SR-22 insurance, which proves financial responsibility but often results in significantly higher premiums for up to three years.

The installation and maintenance of an ignition interlock device (IID), if required, can cost an additional $70 to $150 per month. Additionally, you may have to pay for:

Towing fees
Vehicle impoundment
Costs related to reinstating your driver’s license after the revocation period.

In total, the financial consequences of a third DUI can easily exceed $10,000, excluding potential lost income or employment opportunities due to license suspension or incarceration.

Will I Lose My License After a Third DUI in California?

Yes, a third DUI conviction in California results in an automatic driver’s license revocation for 3 years under Vehicle Code Section 13352(a)(5). The DMV imposes this revocation separately from any criminal court penalties, meaning the loss of driving privileges occurs even if the criminal case is resolved with reduced charges or alternative sentencing. The only way to avoid a license suspension is to receive a dismissal of charges, or to win a not-guilty plea.

In some circumstances, offenders may be eligible for a restricted license, which allows limited driving for essential purposes such as work, school, or court-ordered programs. To obtain a restricted license, offenders typically must install an IID, enroll in a DUI education program, and provide proof of financial responsibility through an SR-22 form. However, eligibility for restricted driving privileges depends on factors such as prior DUI offenses, the circumstances of the current case, and compliance with court and DMV requirements.

A habitual traffic offender designation under Vehicle Code Section 23546(b) further restricts driving privileges and increases penalties for any subsequent violations committed during the 3-year period.

30-Month DUI Program

Yes, individuals convicted of a third DUI in California are generally required to complete a 30-month DUI education program under Vehicle Code Section 23548. This program is the longest DUI education requirement in California and is designed to address chronic substance abuse issues and promote rehabilitation.

The 30-month program includes a combination of educational sessions, group counseling, and individual interviews. Offenders must attend all sessions and provide proof of program completion to the DMV to regain driving privileges after the 3-year revocation period. Failure to enroll in or complete the program results in extended license suspension and may negatively impact court probation terms.

Completion of the program is often a precondition for eligibility for a restricted license, particularly if the offender has been designated a habitual traffic offender or had a high BAC at the time of arrest.

Penalties for Refusing a Chemical Test for a 3rd DUI

Refusing a chemical test during a third DUI arrest in California carries severe penalties under Vehicle Code Section 23612, also known as the Implied Consent Law. Drivers who refuse to take a breath, blood, or urine test face an automatic 3-year license suspension, even if they are not convicted of the DUI in court.

Refusal can also be used as evidence of guilt during trial under CALCRIM No. 2130, which instructs jurors to consider the refusal as consciousness of guilt. Additionally, refusal typically results in enhanced criminal penalties, such as mandatory jail time and longer DUI education program requirements.

Law enforcement officers are required to inform drivers of the consequences of refusing a test at the time of arrest. If an officer fails to do so, it may provide a defense to challenge the suspension or associated penalties.

Additional Resources

Alcohol and Other Drug Resources & Policies at USD – This resource outlines USD’s alcohol and drug policies, emphasizing legal compliance and community well-being. It includes information about campus resources, legal sanctions, health risks, and disciplinary actions.

Traffic Safety Facts: Alcohol-Impaired Driving by Berkeley SafeTREC – This report provides data on alcohol-impaired driving trends, including fatalities and severe injuries in California and the U.S. It highlights demographic patterns, crash factors, and enforcement issues, offering insights into policy development and traffic safety awareness.

Alcohol-Related Emergencies and Deaths in the U.S. by NIAAA – This resource examines alcohol-related health emergencies and fatalities in the U.S. It covers trends, key statistics, and the role of alcohol in emergencies like overdoses and traffic accidents, helping readers understand alcohol’s public health impacts.

Hire a Defense Lawyer for 3^rd DUI in San Diego