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dui penalty enhancement: minor passenger

san diego dui: increased punishment factors

San Diego DUI with Minor Passenger Under the Age of Fourteen
Minor in Vehicle; Enhanced San Diego DUI Punishment

If any person is convicted of a violation of Section 23152 in San Diego, and a minor under 14 years of age was a passenger in the vehicle at the time of the drunk driving offense, the San Diego court shall impose the following DUI penalties in addition to any other San Diego drunk driving penalty prescribed:

If the person is convicted of a violation of Section 23152 punishable under Section 23536 in San Diego, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the San Diego County jail, whether or not probation is granted, no part of which shall be stayed.

If a person is convicted of a violation of Section 23152 in San Diego, punishable under Section 23540, the DUI punishment shall be enhanced by an imprisonment of 10 days in the San Diego County jail, whether or not probation is granted, no part of which may be stayed.

If a person is convicted of a violation of Section 23152 in San Diego, punishable under Section 23546, the DUI punishment shall be enhanced by an imprisonment of 30 days in the San Diego County jail, whether or not probation is granted, no part of which may be stayed.

If a person is convicted of a violation of Section 23152 in San Diego, which is punished as a misdemeanor under Section 23550, the DUI punishment shall be enhanced by an imprisonment of 90 days in the San Diego County jail, whether or not probation is granted, no part of which may be stayed.

The driving of a vehicle in San Diego in which a minor under 14 years of age was a passenger shall be pled and proven.

No San Diego DUI punishment enhancement shall be imposed pursuant to this section if the person is also convicted of a violation of Section 273a of the Penal Code arising out of the same facts and incident.

Punishments

San Diego DUI With Minor Passenger Under 21 First Offense Penalties   1st Offense: 48 Hours in Custody

San Diego DUI With Minor Passenger Under 21 Second Offense Penalties   2nd Offense: 10 Days in Custody

San Diego DUI With Minor Passenger Under 21 Third Offense Penalties   3rd Offense: 30 Days in Custody

San Diego DUI With Minor Passenger Under 21 Fourth Offense Penalties   4th Offense: 90 Days in Custody


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