California DUI / DWI Attorney Darren T. Kavinoky practices drunk driving defense throughout the state of California

California DUI / DWI Defense Attorney Darren T. Kavinoky
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California DUI LAW

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California counties - map view



California Vehicle Code VC 23550.5 - Penalties: Conviction Within 10 Years of Prior DUI Conviction.

23550.5. (a) A person is guilty of a public offense, punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000) if that person is convicted of a violation of Section 23152 or 23153, and the offense occurred within 10 years of any of the following:

  1. A prior violation of Section 23152 that was punished as a felony under Section 23550 or this section, or both, or under former Section 23175 or former Section 23175.5, or both.
  2. A prior violation of Section 23153 that was punished as a felony.
  3. A prior violation of paragraph (1) of subdivision (c) of Section 192 of the Penal Code that was punished as a felony.

(b) Every person who, having previously been convicted of a violation of Section 191.5 of the Penal Code or a felony violation of paragraph (3) of subdivision (c) of Section 192 of the Penal Code, is subsequently convicted of a violation of Section 23152 or 23153 is guilty of a public offense punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).

(c) The privilege to operate a motor vehicle of a person convicted of a violation that is punishable under subdivision (a) or (b) shall be revoked by the department under paragraph (7) of subdivision (a) of Section 13352, unless paragraph (6) of subdivision (a) of Section 13352 is also applicable, in which case the privilege shall be revoked under that provision. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550.

(d) Any person convicted of a violation of Section 23152 or 23153 that is punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation under subdivision (b) of Section 13350.

Amended Sec. 14, Ch. 706, Stats. 1999. Effective October 10, 1999.
Amended Sec. 1, Ch. 849, Stats. 2001. Effective January 1, 2002.
Amended Sec. 26, Ch. 545, Stats. 2002. Effective January 1, 2003.

<< California Vehicle Codes index page


California DUI arrests (also known as DWI) trigger two separate cases: the DMV action, where a person's driving privileges hang in the balance, and the court case, where a variety of DUI punishment is available. For anyone charged with drunk driving in California, it is vital to note that persons arrested for DUI have only 10 days from the date of arrest to request a hearing with the DMV. If someone arrested for drunk driving does not request the hearing on time, his or her license will be suspended, automatically, on the 30th day following the arrest. It is critical for anyone charged with a California DUI or other drunk driving offense to obtain the services of a California DUI lawyer that understands the relationship between the court and DMV.