What is the sentence for driving under the influence with two prior convictions in California?
A misdemeanor violation of driving under the influence in violation of section 23152 of the California Vehicle Code with two prior convictions within 10 years results in some serious consequences. Those offenses which serve as prior convictions are sections 23152, which is a misdemeanor, section 23153 which involves an injury accident and can be filed as either a felony or as a misdemeanor, and a violation of section 23103 within the meaning of 23103.5, which is commonly referred to as a wet reckless.
Out of state prior convictions of offenses having the same elements as those offenses in California may be charged as priors in California. However, there need not be the same right to a jury trial that you would receive had the offense occurred in California in order for it to be charged as a prior conviction. A conviction for a DUI with two priors designates you as a habitual traffic offender for 3 years after your conviction.
Many of the penalties are mandatory, leaving a court with reduced discretion in sentencing. While the penalties are mandatory some important ones can be negotiated, especially the amount of custody time you are facing. If you are convicted of this offense you likely will receive probation for 60 months with a number of mandatory terms and conditions. These are the mandatory conditions of probation,
- A minimum jail sentence of 120 days, and a maximum jail sentence of 1 year; and
- A minimum fine of $390, and a maximum fine of $1000; and
- A three year driver’s license revocation.1
- Enrollment in an alcohol program, at the completion of 12 months of the program, or after 6 months if no drugs are involved and the offense is limited to driving under the influence of alcohol, DMV will issue a restricted driver’s license to use to and from work, during the course of employment, and to the alcohol program.2
- The court may impose a condition to complete 18 months of an alcohol program if there has been a failure to complete a program in the past. There is no credit towards this requirement for time spent in a previous program that was not completed.3
- Where there is a violation of any of terms or conditions of probation the court must revoke probation, either impose sentence, or the court may reinstate probation with additional terms and conditions including additional jail time.4
These other mandatory terms and conditions under section 23600 of the California Vehicle Code will also be imposed:
- Not drive with alcohol in your system.
- Take a chemical test for drugs or alcohol whenever requested to by any law enforcement officer.
- Not drive without a valid driver’s license.
- Obey all laws.
In the rare instance where probation is not granted the sentence is:
- Imposition of a jail terms of not less than 120 days, nor more than 1year; and
- A fine of $390, up to a maximum of $1000.
- A driver’s license revocation of 3 years.5
- At the completion of 12 months of the program, or after 6 months if no drugs are involved and the offense is limited to driving under the influence of alcohol, DMV will issue a restricted driver’s license to use to and from work, and to the alcohol program.6
1 Sections 13352(a)(5), 23548(a) of the California Vehicle Code
2 Section 13352(a)(5) of the California Vehicle Code
3 Section 23548(c) of the California Vehicle Code
4 Section 23602 of the California Vehicle Code
5 Sections 13352(a)(5), 23546(a) of the California Vehicle Code
6 Section 13352(a)(5) of the California Vehicle Code