Penalties- Multiple Offender

If you have two or more priors (i.e. this is your third or fourth DUI) then expect some jail time.  The DUI penalties for a multiple offender almost always include significant jail time.  Of course the penalties for a fourth DUI are significantly harsher than the penalties for a third DUI.  But neither are good.

There are substitutes for jail.  Check out our Sentencing Alternatives post, as well as this page for more information.  The most commonly accepted is participating in a 30 day residential treatment program, commonly known as “rehab.”  Unless there are exceptional circumstances, most judges will not give you credit for drug or alcohol treatment that does not involve participation in a residential (i.e. lock-down) program.  Out-patient or work release programs are not commonly allowed, although I have gotten credit for an out-patient program for a client based on his age and physical condition.  The credit for residential is day-for-day.  So, to get credit against 30 days of incarceration, you have to do 30 days of rehab, whereas if you did the 30 days straight-time in jail, you would have been out in 20 with 1/3 credit for “good time.”

THIRD DUI: 

Jail: If you have two or more priors within the past 10 years, then the minimum sentence will be 30 days assuming you are placed on court probation.  Otherwise you are looking at 120 days straight time.  As a practical matter, most of the judges in the Bay Area are applying the 120 days as a minimum.  So-called “good time” was reduced to 1/3 last year from 1/2.  As such with a 120 day sentence expect to be released in 90 days, or sooner–don’t forget jail overcrowding!

Fines:  Vary from county to county, but a good ballpark estimate is around two grand.

DUI School:  Multiple Offender Program–18 months.  You have to do this if you ever want to drive again!

Probation:  Three to five years, depending on the county, although five years is less uncommon with third or fourth DUI convictions.

Refusal:  Add 10 days for a refusal to take a blood or breath test at the police station.

FOURTH DUI:
Same as above except for jail-time.

Fines:  Vary from county to county, but a good ballpark estimate is around two grand.

DUI School:  Multiple Offender Program–18 months.  You have to do this if you ever want to drive again!

Probation:  Three to five years, depending on the county, although five years is less uncommon with third or fourth DUI convictions.

Refusal:  In most counties, add 10 days for a refusal to take a blood or breath test at the police station.

Jail:  There is a minimum 180 day sentence for a fourth DUI within 10 years of the prior convictions.  All of the other terms should be the same as a third conviction.  You will usually receive 50% “good time”, which means you do half of the prescribed time if you have no problems with jail staff, disciplinary matters, etc.

Refusal:  Add another 18 days.

DUI penalties california multiple offender