What is the sentence for felony driving under the influence with two or more prior convictions in California?
If convicted for driving under the influence in violation of section 23153 of the California Vehicle Code, which is driving under the influence and causing an injury accident; and there are two or more prior convictions for that offense, or 23152 misdemeanor driving under the influence, or 23103 within the meaning of 23103.5, commonly referred to a “wet reckless,” or any combination of any of those within 10 years the sentence is:
- A state prison sentence of either 2,3, or 4 years; and
- A fine of $1015 to $5000.1
- If there is injury or death to more than one person the court must impose an additional year in prison for each victim up to a total of three. If the court finds mitigating circumstances and so states on the record and identifies each, one or more of these enhancements may be removed.2
- If convicted of this offense the designation as a habitual traffic offender for three years is required.3
- If convicted of this offense the court must order the participation in an alcohol program if one is available.4
- A driver’s license revocation of 5 years, and the surrender of any driver’s license to the court; a restricted driver’s license may be issued after the completion of 12 months of the revocation period if certain conditions are met; the reinstatement of a driver’s license after a the revocation period will only occur if proof of insurance, and proof of the completion of an 18 month, or 30 month were available, alcohol program is presented to DMV; after completion of 12 months of the revocation period a restricted license can be applied for with DMV under certain conditions.5
- A court may impose a 10 year driver’s license revocation if 3 or more priors are either 23152 or 23153;6 court must consider these factors when imposing this revocation.
- The existence or non-existence of remorse.
- The amount of time since the last conviction(s).
- The blood alcohol level when driving.
- The participation in an alcohol program.
- Whether there is a risk to public safety.
- The installation of interlock devices.
- Reinstatement of a driver’s license may be applied for after 5 years of the revocation period has been completed if there is an agreement to install an interlock device.7
If probation then the mandatory terms and conditions of probation are:
- A one year jail sentence; and
- A fine of $390 to $5000; restitution to victims; and
- A driver’s license revocation of 5 years, a surrender of any driver’s license to the court; a restricted driver’s license may be issued after completion of 12 months of the revocation period if certain conditions are met; a driver’s license cannot be reissued after the revocation period is over until proof of insurance and completion of the alcohol program is given to DMV.8
- The completion of an 18 month, or 30 month if available, alcohol program.
- If any of the terms and conditions of probation are violated then the court will revoke probation and impose sentence to prison, or the court may reinstate probation with additional terms and conditions including a jail sentence.9
- Section 23600 requires these additional terms of probation:
- Not drive a motor vehicle with any alcohol in your system.
- Submit to a chemical test for drugs or alcohol when requested to by any law enforcement officer.
- Obey all laws.
- Not drive without a valid driver’s license.
1 Section 23566(a) of the California Vehicle Code
2 Section 23558 of the California Vehicle Code
3 Section 13350(b) of the California Vehicle Code
4 Section 23566(e) of the California Vehicle Code
5 Sections 13352(a)(6), 13350, 23566(a), 23568(b), of the California Vehicle Code
6 Section 23597(a) of the California Vehicle Code
7 Section 23597(c) of the California Vehicle Code
8 Sections 23568(c), 23566, 13352(a)(6), 13550, 23568(a) of the California Vehicle Code
9 Section 23602 of the California Vehicle Code