Vehicle Code 23546 is the sentencing statute for a third DUI within ten years. It is still usually a misdemeanor, but the mandatory consequences are substantial and the state begins treating the driver as a repeat offender.
What the statute provides
A third offense carries a longer mandatory minimum jail term, a 30-month licensed DUI program, a three-year license revocation, designation as a habitual traffic offender, and an ignition interlock requirement, along with probation and higher fines.
The priors drive everything
Both prior convictions have to qualify and have to be valid. Knocking out even one prior can drop the case to a second offense and change the minimums. Each prior is worth examining for defects in how it was obtained.
Where to start
A third offense puts your license and your liberty at real risk, and the priors are the heart of the defense. Get a free written case analysis below or call me directly. See also the third-offense overview and challenging priors.