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7 Things You Didn’t Know About a 3rd DUI

Consideration was given for the editing and publication of this post.


If you thought that a 3rd DUI would be just like the previous two, you are mistaken. Naturally, some of you may already know some of the things that could happen to you if you are caught with reckless driving or DUI, but there are still things that you may not be aware of.

Therefore, in today’s article, we’ll talk about seven of the things that you didn’t know about a 3rd DUI – things that may make you want to look for some DUI attorneys to have your back the next time something goes wrong.


  1. The DMV Hearing

After the third arrest for DUI, your arresting officer will have to forward a copy of the suspension or revocation’s notice form, as well as any driver’s license that has been confiscated to the DMV.

During the administrative review from the DMV, your revocation or suspension may be upheld, in which case you have the right to ask for a hearing to contest the revocation or suspension.

If the DMV determines that there is no basis for your revocation or your suspension, then your privileges will be reinstated. However, keep in mind that this process doesn’t affect the penalties or outcome from your court case.


  1. 3rd DUI Penalties

As a result of a third offense within ten years, you may be subject to one of the following penalties. Namely, a fine of up to one thousand dollars, the status of habitual traffic offender (3 years), probation (3 to 5 years of informal probation), a DUI education program (a 30-months court-approved program), a license revocation or suspension (3 years), or county jail (from 120 days up to one year).


  1. Possible Additional Penalties

You may also be subject to collateral sentences that will make you attend various AA programs or other programs that are related to the seriousness of a DUI.

For example, you may be required to participate in an MADD program, a morgue program, a community labor program, rehab, or an ignition interlock device.


  1. Ignition Interlock Device

In some states, you may have to install an ignition interlock device after your first DUI charge. However, after your 3rd DUI, you will definitely have to install such a device on any car that you drive. 

The device must be attached to the vehicle after the revocation period of your license has ended.


  1. Penalty Enhancements

Obviously, there are penalty enhancements for any existing DUI penalties. Here are the 3rd time DUI mandatory enhancements:

  • If you refuse the BAC test, you get 10 additional jail days.

  • If you have a child with you in the car, you get 30 additional jail days.

  • If you are speeding, usually 20mph over the speed limit, you get 60 additional custody days.

  • In case of injury or death, you get one year in state prison for each additional victim.

Keep in mind that these penalties do run consecutively.


  1. Possible Aggravating Factors

When it comes to aggravating factors, these are additional factors or charges that may make the prosecutor offer the law’s upper end in a plea bargain disposition. For instance, a vehicle accident that doesn’t cause any injuries may increase jail time or probation time in any of the prosecutor’s offers.


  1. Revocation vs. Suspension

Surprisingly, most people don’t know the difference between a license revocation and a suspension. In the case of a license suspension, you will get your license back after a certain designated period.

However, if your license is revoked as a result of a 3rd DUI offense, you will not get it back unless you show proof that you have completed the driving under the influence program.


Concluding Remarks

As you may have already noticed, a 3rd DUI comes with more things that you have to take into consideration, from participation in different programs to probation and jail time.

In short, it is recommended that you don’t get a DUI at all and if you do then you should get a DUI attorney to help you deal with your case.


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