(a)A person is guilty of a public offense, punishable by imprisonment in the state prison or confinement in a county jail for not 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) if that person is convicted of a violation of Section 23152 or 23153, and the offense occurred within 10 years of any of the following:
(1)A separate violation of Section 23152 that was punished as a felony under Section 23550 or this section, or both, or under former Section 23175 or former Section 23175.5,
or both.
(2)A
separate violation of Section 23153 that was punished as a felony.
(3)A separate violation of paragraph (1) of subdivision (c) of Section 192 of the Penal Code that was punished as a felony.
(b)Each person who, having previously been convicted of a violation of subdivision (a) of Section 191.5 of the Penal Code, a felony violation of subdivision (b) of Section 191.5, or a violation of subdivision (a) of Section 192.5 of the Penal Code, is subsequently convicted of a violation of Section 23152 or 23153 is guilty of a public offense punishable by imprisonment in the state prison or confinement in a county jail for not 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).
(c)The privilege to operate a motor vehicle of a person convicted of a violation that is punishable under subdivision (a) or (b) shall be revoked by the department pursuant to paragraph (7) of subdivision (a) of Section 13352, unless paragraph (6) of subdivision (a) of Section 13352 is also applicable, in which case the privilege shall be revoked under that provision. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(d)A person convicted of a violation of Section 23152 or 23153 that is punishable under this section
shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation under subdivision (b) of Section 13350.
Notes of Decisions
Cited in
40
cases (
14 in the last 5 years), 2006–2025 · leading case:
People v. Butcher, 247 Cal. App. 4th 310 (Cal. Ct. App. 2016).
People v. Butcher, 247 Cal. App. 4th 310 (Cal. Ct. App. 2016).
· cites it 2× “Vehicle Code section 23550.5, subdivision (a) specifies that certain recidivists, including the defendant, be punished “by imprisonment in the state prison” or county jail confinement for less than one year.”
People v. Doyle, 220 Cal. App. 4th 1251 (Cal. Ct. App. 2013).
· cites it 2× “) His current DUI was elevated from a misdemeanor to a felony because of the prior DUI manslaughter (Veh. Code, § 23550.5, subd. (b)), and he was sentenced under the “Three Strikes” law to 25 years to life in state prison with the prior DUI manslaughter as one of his strikes.”
People v. Int'l Fid. Ins. Co., 11 Cal. App. 5th 456 (Cal. Ct. App. 2017).
“(a)), obtaining a subsequent DUI charge within 10 years of previous DUI conviction (Veh. Code, § 23550.5, subd. (a)), and driving when privilege is suspended or revoked (Veh.”
People v. Travis, 139 Cal. App. 4th 1271 (Cal. Ct. App. 2006).
“(a)), and admitted that he suffered two prior convictions for driving under the influence of alcohol within the past 10 years (Veh.Code, § 23550.5). [2] He was sentenced to a state prison term of 16 months, to run concurrently with a six-year sentence imposed in a separate…”
People v. Guillen, 212 Cal. App. 4th 992 (Cal. Ct. App. 2013).
“” In sum, he asserts that in view of section 42000 and Penal Code section 1170, subdivision (h), Vehicle Code section 23550.5 need not provide specifically for a realignment sentence.”
People v. Martinez, 156 Cal. App. 4th 851 (Cal. Ct. App. 2007).
“Frank Reynaldo Martinez appeals his conviction by jury of driving under the influence with a prior felony DUI conviction (Veh. Code, §§ 23550.5, 23152, subd. (a); count 1), driving with a blood-alcohol content of 0.”
People v. Baez, 167 Cal. App. 4th 197 (Cal. Ct. App. 2008).
“(a), (b); Veh. Code, § 23550.5, subd. (b)), has been convicted within the last 10 years of a specified prior violation that was punished as a felony (§ 23550.”
People v. Morgan, 87 Cal. App. 5th 858 (Cal. Ct. App. 2023).
· cites it 5× “The plain language of Vehicle Code section 23550.5, subdivision (b), applies only to prior convictions for violating the specified provisions of the Penal Code.”
People v. Hutton, 245 Cal. App. 4th 703 (Cal. Ct. App. 2016).
“In 2000, defendant was convicted of driving under the influence causing bodily injury (Veh.Code, §§ 23550.5, 23153, subd. (a) ); in 2002, he was convicted of driving under the influence with a prior felony conviction (Veh.”
People v. Cruz, 34 Cal. App. 5th 764 (Cal. Ct. App. 2019).
“, was charged with driving under the influence (DUI) of alcohol within 10 years of a prior felony DUI conviction ( Veh. Code, § 23550.5, subd. (a) ; count 1), driving with a blood-alcohol level of 0.”
People v. Travis, 139 Cal. App. 4th 1271 (Cal. Ct. App. 2006).
“(a)), and admitted that he suffered two prior convictions for driving under the influence of alcohol within the past 10 years (Veh. Code, § 23550.5). 2 He was sentenced to a state prison term of 16 months, to run concurrently with a six-year sentence imposed in a separate Contra…”
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