The court may sentence you to jail time if you are arrested three times for driving under the influence (DUI) in California. How long do you go to jail for a third DUI? The amount of time you spend behind bars may vary based on the decision of the court. However, you shouldn’t face more than a year of jail time for a “simple” DUI.
Consider a jail sentence for a third DUI in California and review other penalties right here. Consider some of your legal options for resolving a third DUI accusation before you are convicted.
Minimum and Maximum Jail Time for a Third DUI
Most DUI charges in California are for “simple” DUIs. You may face this charge if no one was hurt or killed while you were driving under the influence. A third charge for a simple DUI is treated as a misdemeanor-level offense.
You should spend a maximum of one year in jail for a third misdemeanor DUI. The court may sentence you to a minimum of 120 days. The court retains the right to select the amount of time you spend in jail based on the specifics of our case. You could spend a few months behind bars. You may also be in jail for your entire one-year sentence.
Additional Penalties for a Third DUI in California
Jail time is only one penalty for a third DUI conviction in California. The court may hand down other penalties as well. You could be fined, for example. You may also be:
- Ordered to install an ignition interlock device (IID) for two years.
- Told to complete a 30-month DUI education program.
- Put on probation for a period of up to five years.
While you are on probation you must follow court-ordered guidelines. These guidelines may require you to avoid alcohol altogether or to avoid additional arrests. Failure to obey these regulations could lead to a probation violation. Violating your probation is a criminal act in California. There are additional legal penalties if you are convicted of a probation violation.
Prison Time for a Felony DUI Conviction in California
We mentioned earlier that most simple DUIs are charged as misdemeanors, even for a third conviction. However, not all DUIs are simple DUIs. You could be charged with a felony in some cases. Generally, drivers deal with felony charges if:
- They hurt or killed someone while under the influence.
- They have a previous felony DUI conviction on their record.
You may face additional years of time behind bars for a felony conviction. The court could sentence you to up to six years for hurting another person. You may face fifteen years to life in prison in some cases for causing a death while driving under the influence.
Additionally, felony DUI convictions generally require you to go to prison, not jail. Prisons in California are used for more serious offenders. They often have harsher conditions than a local jail. This may make your time behind bars more challenging to handle.
Get Help Avoiding Jail Time for a Third DUI Conviction
No one wants to go to jail in California. A DUI lawyer may be able to help you build a case to avoid jail time after your arrest. You may start working with a law firm now by calling (310) 929-6503. A lawyer may investigate your case. Your lawyer may then work to show that:
- You were not under the influence at the time of your arrest
- You were stopped without due cause by a law enforcement officer
- You were given false-positive results from a blood alcohol content (BAC) test
Your lawyer may get your charges reduced to a less-serious offense. This requires you to agree to a plea bargain as offered by the prosecution. Your lawyer may even get your charges dismissed in some cases, which would help you avoid jail time. Finally, a lawyer may defend you in court, working to bring you a not-guilty verdict.
Discuss How Long You Go to Jail With A Simmrin Lawyer
You may go to jail for a year for a third DUI charge in California; however, your time behind bars could increase if you are charged with a felony. Find out more about the charges you could face with a DUI lawyer. Contact the Simmrin Law Group to get help. Just call (310) 929-6503. You could also complete our online contact form.
Reach out to us now and get a free consultation and to discuss the exact charges you are facing.