Penalties for Fourth DUI

FOURTH DUI OFFENSE IN 10 YEARS VEHICLE CODE § 23152

VC § 23550 WITHOUT PROBATION
Felony:
16 months or 2 or 3 years in state
prison. PC § 18.
Fine:
$390 to $1,000 plus assessment.
Misdemeanor:
180 days to 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)(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.
Fine:
$390 to $1,000 plus assessment.
Treatment:
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.
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 $100 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 $100 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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