Currrent as of February 4, 2022

Vehicle Code § 23550.5

Offense within specified time of prior violation


(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.


History

Added Stats 1998 ch 118 § 84 (SB 1186), operative July 1, 1999. Amended Stats 1999 ch 22 § 34.6 (SB 24), effective May 26, 1999, operative July 1, 1999, ch 706 § 14 (AB 1236), effective October 10, 1999; Stats 2001 ch 849 § 1 (AB 1078); Stats 2002 ch 545 § 26 (SB 1852); Stats 2007 ch 747 § 33 (AB 678), effective January 1, 2008; Stats 2009 ch 193 § 5 (SB 598), effective January 1, 2010, operative July 1, 2010; Stats 2010 ch 301 § 4 (AB 1601), effective January 1, 2011; Stats 2014 ch 509 § 1 (AB 2690), effective January 1, 2015.


VC 23550.5