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I have 2 dui on my dmv record and my second dui was charged as my first in the courts, is my 3rd considered as my 2nd in court?

Riverside, CA |

1st dui resulted through dmv without an arrest through the courts without conviction, fines, classes. My refusal dui arrest resulted in a hard one year suspension. My second dui resulted in an arrest and was convicted in court as a first offender and second through dmv. Results court ordered a 6 month suspension and 3 months of classes. The dmv 2nd dui resulted in a year suspension. Would my 3rd dui with the dmv be taken in the courts as a second dui conviction charge? With the dmv charging me with a 3rd offense? My understanding is that court convictions are different results than dmv conviction results?

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Attorney answers 3


You are correct. DMV and the courts are separate, which is why DMV suspended your license for the first DUI arrest, even though you were not convicted. A DUI can only be charged as a prior DUI if you were actually convicted of a DUI and the District Attorney can prove you were convicted of it. So, your third DUI arrest would be charged as a second DUI.

You might want to consider stop drinking. It's extremely risky to drink and drive. If you kill someone, you can be charged with murder. On a third DUI, you will also risk the court suspending your license for up to three years.


You will be looking at a second time DUI as far as the courts are concerned and a third time DUI for the DMV. You desperately need to hire an attorney to assist you. Riverside treats DUI’s very seriously and they will be requesting significant jail time. Make sure you contact the DMV within 10 days to set up a DMV hearing.
Robert Driessen


Thank you for your question. It's true that the court, and the DMV, in California, are separate entities, with their own separate rules, and so there can be different results. From what you've stated, it sounds like your DUI in the court would be treated as a second time DUI, but the DMV, if they make a finding and take action on this case, would treat it as a third time DUI, for driver's license suspension/restriction purposes only.

Thank you for your question, and all the best to you.

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