What is the sentence for felony driving under the influence with a prior conviction in California?

car accident If conviction for a violation of section 23153 of the California Vehicle Code, which is the offense of driving under the influence and causing an injury accident; and there is a previous conviction for the same offense; or one for either 23152, misdemeanor driving under the influence, or 23103 within the meaning of 23103.5, “wet reckless,” within 10 years the sentence is:

  1. Imprisonment in a state prison for one of three terms of 16 months, 2 years, or 3 years or,
  2. County jail for 120 days to 1 year; and,
  3. A fine of $390 to $5000.1
  4. A 3 year driver’s license revocation (Sections 13352(a)(4), 23560 of the California Vehicle Code)2.
  5. To reinstate a driver’s license after the revocation there must be a showing of proof of insurance as well as proof of the successful completion of an alcohol program to DMV;3  A restricted license may be issued by DMV after the completion of one year of the suspension and meeting other conditions.4
  6. driving under the influence
  7. The sentence is enhance if there is injury or death to multiple victims of one year for each victim up to three total; court make strike one or more enhancements if mitigating circumstances exists.5
  8. A refusal to take and complete a chemical test when require by law results in a 96 hour enhancement, however if there is a state prison commitment than the 96 hour enhancement is stayed, not imposed.6

If probation is granted the following terms and condition are mandatory, a judge may also imposed additional terms and condition which the court feels are necessary.

car accident
  1. Serve 120 days to one year in a county jail and,
  2. A fine of $390 to $5000 and,
  3. A three year driver’s license revocation; the license is to be surrendered in court;7  In order to reinstate a l driver’s license after the revocation there must a showing of proof of insurance as well as proof of the successful completion of an alcohol program to DMV;8  after serving one year of the suspension DMV may issue a restricted license if certain conditions are;9  or,
    driving under the influence
  1. Serve 30 days to 1year in a county jail and,
  2. A fine of $390 to $1000 and,
  3. A 3 year driver’s license revocation, the license must be surrendered in court at the time of sentencing; in order to reinstate a driver’s license after revocation there must be a showing of proof of insurance as well as proof of the successful completion of an alcohol program to DMV;10  DMV may grant a restricted driver’s license after serving serve one year of the suspension and meeting other conditions.11
  4. Complete a 18 month alcohol program or a 30 month alcohol program if one is available in the country of work or residence.12

In each of the above alternatives these additional mandatory terms and conditions will be imposed.13

  1. Not drive a motor vehicle with any alcohol in your system.
  2. Submit to a chemical test for alcohol or drugs if requested to be a law enforcement officer.
  3. Obey all laws.
  4. Not drive without a valid driver’s license

If any of the terms or conditions are violated the court will revoke probation and impose a prison sentence, or the court may reinstate probation and add additional terms and conditions including more time in county jail.14





1 Section 23560 of the California Vehicle Code
2 Sections 13352(a)(4), 23560 of the California Vehicle Code
3 Section 23562 of the California Vehicle Code
4 Section 13352 (a)(4) of the California Vehicle Code
5 Section 23558 of the California Vehicle Code
6 Section 23577(a)(2) of the California Vehicle Code
7 Sections 13352(a)(4), 13550, 23562(a) of the California Vehicle Code
8 Section 23562 of the California Vehicle Code
9 Section 13352 (a)(4) of the California Vehicle Code
10 Section 23562 of the California Vehicle Code
11 Section 13352 (a)(4) of the California Vehicle Code
12 Sections 13352(a)(4), 13550, 23562(a) of the California Vehicle Code
13 Section 23600 of the California Vehicle Code
14 Section 23602 of the California Vehicle Code