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ONE OR MULTIPLE PRIOR DUI CONVICTIONS

Penalty Enhancement for Second or Subsequent DUI Offense

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San Diego DUI Lawyer G. Cole Casey
AN EXCLUSIVE DRUNK DRIVING DEFENSE FIRM



San Diego second DUI or Subsequent Drunk Driving Offense Involving Alcohol or Drugs - Multiple DUI's .  If any person is convicted of a violation of Section 23152 in San Diego, or 23153 and the offense was a second or subsequent San Diego DUI offense punishable under Section 23540, 23546, 23550, 23550.5, 23560, or 23566, the San Diego Court shall require that any term of imprisonment that is imposed include at least one period of not less than 48 consecutive hours of imprisonment or, in the alternative and notwithstanding Section 4024.2 of the Penal Code in San Diego, that the person serve not less than 10 days of community service.

California Vehicle Code §23580
Second or Subsequent San Diego DUI Offense Involving Alcohol or Drugs - Multiple DUI's; Minimum Confinement

Notwithstanding any other provision of San Diego law, except Section 2900.5 of the Penal Code, unless the San Diego court expressly finds in the circumstances that the punishment inflicted would be cruel or unusual punishment prohibited by Section 17 of Article I of the California Constitution, no court or person to whom a person is remanded for execution of sentence shall release, or permit the release of, a person from the requirements of subdivision (a), including, but not limited to, any San Diego work-release program, San Diego weekend service of sentence program, diversion or San Diego drunk driving treatment program, or otherwise.

For the purposes of this section, "imprisonment" means confinement in a jail, in a minimum security facility, or in an inpatient rehabilitation facility, as provided in Part 1309 (commencing with Section 1309.1) of Title 23 of the Code of Federal Regulations.



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The Law Offices of San Diego DUI Lawyer G. Cole Casey, Esq.    110 West C Street, Suite 1400    San Diego, CA 92101   Tel 619.237.0384
  

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