DUI Penalty Enhancment: Impaired Driving for Convicted Felons
Any person convicted of a DUI in California who has been convicted of a felony within ten years of the current DUI offense, from arrest date to arrest date, will be charged with a felony for driving under the influence of drugs or alcohol with a bac of .08% or above.
California Vehicle Code §23550.5:
A DUI related offense committed within ten years of a previous felony conviction will be charged as a felony, even the violation is considered a misdemeanor when no felony criminal record exists.Punishment for DUI with a Prior Felony
1. The punishment for a DUI offense, or a DUI resulting in bodily injury to another is punishable by up to one year of incarceration in a county jail or state prison, and subject to a minimum financial penalty of $390 to $1000 if the DUI offense occurred within ten years of:
a. a prior dui offense that was convicted as a felony crime for being a fourth DUI offense within a ten year period
b. a prior dui offense that resulted in bodily injury or harm to another, if that offense was punished as a felony crime
c. a prior vehicular manslaughter offense that was punished as a felony crime
2.Any person who has previous criminal conviction of gross vehicular manslaughter or a vehicular manslaughter charge and is later convicted of DUI or DUI resulting in bodily harm to another will be incarcerated in a county jail or state prison for up to 365 days and fined no less than $390 and no more than $1000.
3.A person convicted charged with a DUI conviction with a prior felony within a ten year period will lose their privilege to operate a motor vehicle or vessel an must surrender their drivers license subject to revocation.
4. Any person found guilty of DUI or DUI resulting in bodily injury to another with a prior felony record under this section will be determined to be a habitual traffic offender for a 3 year period following a conviction classified under this section.
John E. Dui is THE top DUI Defense Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving in Southern California.
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