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Will you go to jail for a third DUI offense in California? 

On Behalf of | Nov 28, 2022 | Drunk Driving Charges |

Are you facing your third DUI offense in the state of California? If so, you likely have major concerns about what this is going to mean for you – especially whether or not you’re going to serve time.

A third DUI conviction is taken seriously by the court and is likely to have serious consequences for both your lifestyle and quite possibly, your liberty. 

The best way to protect your legal position is to know exactly what you might be facing and how to defend yourself. 

Possible penalties for a third DUI in California

In California, the penalties for a third DUI offense are quite significant and represent the gravity with which the state takes repeat offenders. 

A third DUI offense is punishable by: 

  • A minimum period of 120 days in jail, with a maximum period of one year 
  • A fine ranging from $390 to $1000 as well as payment of costs 
  • A three-year license suspension 
  • Three to five years of probation 

Can you avoid jail?

The mandatory jail sentence is not something that can be avoided. The only way to avoid jail entirely is to win your case in court. 

It may, however, be possible to serve your sentence in an alternative setting if the judge uses their discretion to allow it. The law allows for time spent in a rehabilitation facility or home detention to qualify as mandatory time spent in jail. 

Whether this will be available to you will be for the judge to decide based on your defense and all the facts surrounding your arrest. 

Due to the serious nature of the penalties that come with a third DUI conviction, you should seek some legal help right away. This gives you the best possible chance at defending your case and avoiding spending time in jail.