DUI PENALTY ENHANCEMENT FOR PRIOR FELONY CONVICTION

Aggravating Factors in California DUI Cases

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San Diego DUI Lawyer G. Cole Casey
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Prior Felony Conviction Within Ten (10) Years Makes Current San Diego DUI Offense Chargeable as a Felony DUI
Punishment: Prior felony conviction within ten (10) years makes current San Diego DUI chargeable as a felony drunk driving offense.   Public Offense; Conviction of Violation of §23152 within 10 years of specified sections;

California Vehicle Code §23550.5
San Diego Felony DUI Punishment:

A person is guilty of a public offense, punishable by imprisonment in the California state prison, or confinement in a San Diego 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 San Diego drunk driving offense occurred within 10 years of any of the following:

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.

San Diego Drunk Driving Enhancement for Prior Felony Convictions  A prior violation of Section 23153 that was punished as a felony.

San Diego Drunk Driving Enhancement for Convicted Felons  A prior violation of paragraph (1) of subdivision (c) of Section 192 of the Penal Code that was punished as a felony.

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 California state prison or confinement in a San Deigo 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). 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 San Diego court shall require the person to surrender the driver's license to the court in accordance with Section 13550. 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 San Diego DUI conviction. The person shall be advised of this designation under subdivision (b) of Section 13350.



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