Why a Prior Felony DUI Changes a New Case
A felony DUI conviction follows a person for years. A prior felony DUI can make a new DUI case a felony even without other priors. The rule comes from a specific section of the Vehicle Code.
That section sets a 10 year window for most priors. However, some priors count regardless of age.
The 10 Year Rule
Vehicle Code section 23550.5 applies when a court convicts a person of DUI and the offense occurred within 10 years of certain priors. Those priors include a DUI punished as a felony under section 23550 or under section 23550.5 itself. They also include a felony violation of section 23153.
The list also names a felony gross vehicular manslaughter conviction under the Penal Code. So several types of prior felony DUI can count.
Priors Without a Time Limit
Subdivision (b) of section 23550.5 covers people previously convicted of certain vehicular manslaughter offenses tied to intoxication. That subdivision does not use the 10 year window. Therefore, those priors can raise a new DUI to a felony no matter how old they are.
The Prior Felony DUI Sentence Range
Section 23550.5 allows state prison or county jail for not more than one year. It also sets a fine of $390 to $1,000. So the court has a choice between felony and misdemeanor level custody.
License revocation also follows under the section. The DMV acts on the abstract of conviction.
Prior Felony DUI Records
The key question is how the court punished the earlier case. For example, a case charged as a felony but reduced may raise different issues. So the actual judgment matters more than the charge.
Gather the sentencing order and the judgment from the earlier case. Also gather the DMV record. The article on California felony DUI charges explains other felony paths.
Related Topics
The guide on California fourth DUI cases covers the three prior route to a felony. Meanwhile, the article on California DUI lookback rules explains date counting.
A felony case often involves more hearings than a misdemeanor case. As a result, the case may take longer to resolve. Plan for court dates over many months.
A prior felony DUI can also affect release decisions in the new case. For example, a judge may review bail or release terms with the earlier felony in mind. So gather proof of steady work, treatment and compliance before the first hearing.