 |
First DUI Offense
| Second DUI Offense | Third
DUI Offense | > Fourth DUI Offense
| VC §
23550 WITHOUT PROBATION |
|
Felony:
|
16 months or 2 or 3 years in state
prison. PC § 18. |
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Fine:
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$390 to $1,000 plus assessment. |
|
Misdemeanor:
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180 days to 1 year in county jail. |
|
Treatment:
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None required; however, DMV will
not reinstate license until proof of completion of a treatment
program is received at its headquarters. VC § 13352(a)(5). |
|
License:
|
DMV will impose a 4-year revocation.
VC § 13352(a)(5).
Defendant must surrender license to the court.
|
| VC §
23552 WITH PROBATION (See also, VC § 23600) |
|
Jail:
|
180 days to 1 year. |
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Fine:
|
$390 to $1,000 plus assessment. |
|
Treatment:
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Must order completion of an 18-month
program if one was not previously completed and if a 30-month
program is not ordered. May order a 30-month program, which
will result in a 30-day to 1-year jail term instead of the jail
term specified above. The court must advise the defendant that
the driving privilege will not be restored until proof of successful
completion of a program is received at DMV in Sacramento. |
|
License:
|
DMV will impose a 4-year revocation.
VC § 13352(a)(5).
Defendant must surrender license to court.
|
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NOTE:
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VC §23578: In addition to any
other provision of this code, if a person is convicted of a
violation of Section 23152 or 23153, the court shall consider
a concentration of alcohol in the person’s blood of 0.15
percent or more, by weight, or the refusal of the person to
take a chemical test, as a special factor that may justify enhancing
the penalties in sentencing, in determining whether to grant
probation, and, if probation is granted, in determining additional
or enhanced terms and conditions of probation.
|
| Miscellaneous
Penalties |
|
Restitution:
|
Restitution fine of $l00 to $1,000
for misdemeanor; $200 to $10,000 for felony; and restitution
to victim(s) or Restitution Fund. PC § 1202.4. |
|
Impound:
|
Must order the vehicle impounded
for up to 90 days if offense is within 5 years of 2 or more
prior DUI convictions, unless “interest of justice”
exception applies. VC §23594. May order forfeiture of vehicle.
VC § 23596. (Defendant must be the registered owner of
the vehicle used in the offense.) |
|
Ignition Lock Device:
|
May order installation of an ignition
interlock device as a condition of probation. VC § 23575(1).
(Note - DMV will notify the defendant of the possibility of
requesting an lID to get a restricted license after 24 months
of the suspension period. See VC § 13352(a)(5).)
|
|
Habitual Traffic Offender:
|
Must designate defendant as an habitual
traffic offender
for 3 years. VC § 13350(b), 14601.3(e)(3).
|
| Enhancements |
|
Refusal:
|
18 days in county jail, whether or
not probation is imposed. VC §23577, In addition, the DMV
will prohibit a driver of a commercial vehicle from operating
a commercial vehicle for one year upon a first refusal, or ever
again for a second or subsequent refusal. VC§15300(s)(9),
15302(i). |
|
Commercial Vehicle:
|
The DMV will prohibit a driver of
a commercial vehicle from operating a commercial vehicle ever
again if he or she is convicted of a second or subsequent DUI
violation. VC § 15302(a) and (b). |
|
Defendant
(13-21 yrs):
|
The court shall order an additional
1-year suspension or delay in issuance of license. Exception
based on critical need to drive. VC §13202.5.
|
|
Defendant
(under 18 yrs):
|
DMV shall revoke license (a) until
person turns 18, (b) for one year, or (c) for the duration of
any restriction, suspension, or revocation as specified in VC
§ 13352(a), whichever is longer. ye § 13352.3. |
|
Minor
Passenger
(under 14 yrs):
|
Upon misdemeanor conviction, 90 days
in county jail whether or not probation is imposed.
VC § 23572. |
|
Excessive Speed:
|
Additional and consecutive 60 days
in jail if defendant’s speed exceeds the posted speed
limit by 30 or more miles per hour on a freeway, or 20 or more
miles per hour on any other street or highway and the driving
is reckless under VC § 23103. Treatment program is required
if probation is not granted. VC § 23582. |
|
Prior Felony Conviction(s):
|
Driver’s license will be revoked
by the DMV for four years pursuant to VC § 23550,5 if any
prior felony convictions are for a violation of VC §23152,
23153 or PC § 191.5 or 192(c)(1) or (3) within 10 years.
|
|
Prior
DUI Conviction
|
|
More than 10 Years Ago, or
PC § 647(f)
Conviction
|
Defendant must be ordered into an
alcohol or drug problem assessment program. VC § 23646(b)(3)(A). |
VEHICLE CODE § 23550.5 DUI WITH PRIOR
FELONY CONVICTION
This offense involves a conviction
for a violation of VC § 23152 or 23153 with a prior felony
conviction.
For purposes of section 23550.5, a “prior felony conviction”
includes:
(1) a previous conviction within 10 years of either a violation
of:
VC § 23152 (punished as a felony),
VC § 23153 (punished as a felony), or
PC § l92(c)(1) (punished as a felony);
(2) or a conviction at any prior time of either a violation of:
PC § 191.5, or
PC § 192(c)(3) (punished as a felony).
|
VC § 23550.5 WITHOUT
PROBATION
|
|
Felony:
|
16 months or 2 or 3 years in state
prison. PC § 18. |
|
Fine:
|
$390 to $1,000 plus assessment. |
|
Misdemeanor:
|
Not more than 1 year in county jail. |
|
Treatment:
|
None required; however, DMV will
not reinstate license until proof of completion of a treatment
program is received at its headquarters. VC § 13352(a)(7). |
|
License:
|
DMV will impose a 4-year revocation.
VC § 13352(a)(7). However, if third or subsequent VC §
23153 violation, a 5-year revocation will be imposed by the
DMV. VC § § 23566, 23568. Defendant must surrender
license to court.
|
| VC §
23550.5 WITH PROBATION (See also, VC § 23600) |
|
Felony:
|
Up to 3 years in state prison. |
|
Fine:
|
$390 to $1,000 plus assessment. |
|
Misdemeanor:
|
Up to 1 year in jail. |
|
Treatment:
|
None required; however, DMV will
not reinstate license until proof of completion of a treatment
program is received at its headquarters. VC § 13352(a)(7). |
|
License:
|
DMV will impose a 4-year revocation.
VC § 13352(a)(7). However, if third or subsequent VC §
23153 violation, a 5-year revocation will be imposed by the
DMV. VC § 23566, 23568. Defendant must surrender license
to court.
|
|
NOTE:
|
VC §23578: In addition to any
other provision of this code, if a person is convicted of a
violation of Section 23152 or 23153, the court shall consider
a concentration of alcohol in the person’s blood of 0.15
percent or more, by weight, or the refusal of the person to
take a chemical test, as a special factor that may justify enhancing
the penalties in sentencing, in determining whether to grant
probation, and, if probation is granted, in determining additional
or enhanced terms and conditions of probation.
|
| Miscellaneous
Penalties |
|
Restitution:
|
Restitution fine of $l00 to $1,000
for misdemeanor; $200 to $10,000 for felony; and restitution
to victim(s) or Restitution Fund. PC § 1202.4. |
|
Impound:
|
Must order the vehicle impounded
for up to 90 days if offense is within 5 years of 2 or more
prior DUI convictions, unless “interest of justice”
exception applies. VC §23594. May order forfeiture of vehicle.
VC § 23596. (Defendant must be the registered owner of
the vehicle used in the offense.) |
|
Ignition Lock Device:
|
May order installation of an ignition
interlock device as a condition of probation. VC § 23575(1).
(Note - DMV will notify the defendant of the possibility of
requesting an lID to get a restricted license after 24 months
of the suspension period. See VC § 13352(a)(5).)
|
|
Habitual Traffic Offender:
|
Must designate defendant as an habitual
traffic offender
for 3 years. VC § 13350(b), 14601.3(e)(3).
|
| Enhancements |
|
Refusal:
|
18 days in county jail, whether or
not probation is imposed. VC §23577, In addition, the DMV
will prohibit a driver of a commercial vehicle from operating
a commercial vehicle for one year upon a first refusal, or ever
again for a second or subsequent refusal. VC§15300(s)(9),
15302(i). |
|
Commercial Vehicle:
|
The DMV will prohibit a driver of
a commercial vehicle from operating a commercial vehicle ever
again if he or she is convicted of a second or subsequent DUI
violation. VC § 15302(a) and (b). |
|
Defendant
(13-21 yrs):
|
The court shall order an additional
1-year suspension or delay in issuance of license. Exception
based on critical need to drive. VC §13202.5.
|
|
Defendant
(under 18 yrs):
|
DMV shall revoke license (a) until
person turns 18, (b) for one year, or (c) for the duration of
any restriction, suspension, or revocation as specified in VC
§ 13352(a), whichever is longer. ye § 13352.3. |
|
Excessive Speed:
|
Additional and consecutive 60 days
in jail if defendant’s speed exceeds the posted speed
limit by 30 or more miles per hour on a freeway, or 20 or more
miles per hour on any other street or highway and the driving
is reckless under VC § 23103. Treatment program is required
if probation is not granted. VC § 23582. |
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DUI Offense | Second DUI Offense
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Offense
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