Former Governor Arnold Schwarzenegger had signed into law a bill that prescribes harsher penalties for repeat DUI offenders beginning on January 1, 2012.

Existing law currently states that “if a person is convicted of a specified driving under the influence (DUI) offense and the offense occurred within 10 years of 2, or 3 or more, prior specified DUI offenses that resulted in a conviction, that the person may be punished by enhanced penalties, and that the person’s privilege to operate a motor vehicle be revoked by the department for a period of 2, 3, 4, or 5 years, as applicable.” Thus, under existing law, a repeat DUI offender may lose his driving privileges, but only for a period no less than 2 years and no more than 5 years, depending on the circumstances.

The new law essentially authorizes the court to revoke a repeat DUI offender’s driving privileges for a period of 10 years if that person has been convicted of 3 or more DUI offenses (three or more separate violations of Section 23152 or 23153, the last of which is punishable under section 23546, 2350, 23550.5, or 23556.)

The court may consider certain factors in making this decision to revoke a DUI offender’s driving privileges of ten years:

• the person’s level of remorse for the acts

• the period of time that has elapsed since the person’s previous convictions,

• the person’s blood-alcohol level at the time of the violation,

• the person’s participation

Although the court may order the DUI offender’s driving privileges be revoked for a period of 10 years, that person may apply to the Department of Motor Vehicle to have his or her driving privileges reinstated only after 5 years from the date of his or her last DUI conviction has passed. The DMV may reinstate that person’s driving privileges only after certain conditions are imposed, which include the condition that the person was not convicted of any other drug or alcohol related offenses during his or her driver’s license revocation period.