Third or Subsequent Offense

A third or subsequent offense drunk driving usually results in a felony conviction ranging from a minimum sentence (usually 30 days in jail) and fine, to a maximum sentence of imprisonment (approximately 2 years) and excessive fine. In some jurisdictions, the jail sentence must be served on consecutive days unless the defendant can show undue hardship.

In lieu of a fine, the court can order unpaid community service. Usually a substance abuse evaluation is required prior to sentencing and most defendants must undergo appropriate treatment in a residential treatment facility.