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Tougher Penalties for Third DUI Conviction


As a result of a new law in California, as of january the first 2012, any third time DUI offender faces the possibility of a ten year revocation of his or her license. The new law gives judges the discretion to revoke the privilege to drive of any defendant convicted of a third DUI in California, for a period of up to ten years. The original Bill, which was watered down, would have given judges the discretion to impose lifetime bans on multiple offenders and to take into account prior convictions outside of the normal ten year priorability period.

The law prior to this year mandated a three year revocation of a defendant's privilege to drive, with the ability to apply for early re-instatement after six months with a DMV approved ignition interlock device installed in the defendant's vehicle. This remains the law unless the judge in any individual case exercises his or her discretion to order a longer period of revocation.

It remains to be seen how often prosecutors will take advantage of the new law to negotiate for greater penalties for a third DUI in plea bargaining or how judges will respond to their new powers. If you have been charged with a third DUI in 2012, please call Los Angeles DUI lawyers, Gold & Witham for expert representation.