Saturday, May 8, 2010

What Constitutes a Felony DUI in California

Many believe that a DUI is elevated to a felony after the first offense, that is not the case. California law sets forth the language that defines a felony DUI as follows: VC 23550 states that If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of three or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 180 days nor 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). In addition, The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles and the court shall require the person to surrender the driver's license.

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