Prior Felony Conviction Within Ten (10) Years
Elevates Current DUI Charge a Felony DUI Offense
Punishment: Prior felony conviction within ten (10) year period enhances current San Diego DUI charge to a felony drunk driving offense.  

Public Offense: Conviction of Violation of §23152 within 10 years of specified sections;

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 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.

  A prior violation of Section §23153 that was punished as a felony.

  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.

G. Cole Casey heads the top San Diego drunk driving defense firm. As a well known San Diego DUI lawyer, his proven track record and DUI Jury Trial Case Results are unmatched and unprecedented by any other DUI attorney in the region.

Call us twenty four hours a day at  (619) 237-0384  or  eMail Cole directly   now to discuss a legitimate and effective defense strategy for your driving under the influence case.