Effective January 1, 2012, new legislation allows courts to order a ten year revocation of the privilege to drive of a defendant convicted of a third or subsequent DUI within ten years in California. The new law is covered by California Vehicle Code section 23597(a).
The ten year revocation is discretionary, not mandatory. The previous law requiring a three year revocation still stands as a minimum requirement for a third DUI. However, if a three year revocation is mandated, the defendant may apply to the DMV for a restricted license after six months with a requirement that he or she installs in his or her vehicle an Ignition Interlock Device.
The good news is that this increase in the potential period of revocation is entirely discretionary in the hands of the court which means that it can be avoided by effective plea negotiations. The DMV can't mandate it if the court doesn't. The courts will evaluate all mitigating factors including the defendant's remorse, age of prior convictions, blood or breath alcohol level and participation in treatment programs.
It is to be noted that if the ten year revocation period is mandated by the court, the DMV will allow an application for re-instatement after five years with an IID requirement.
Please contact Los Angeles DUI lawyers Jeffrey Gold and Nigel Witham for a free case evaluation if you have been arrested for a third time DUI in Los Angeles or Orange County.