Vehicle Code 23550 VC - Fourth-Time DUI in California
California Vehicle Code 23550 VC is the law that defines a fourth-time DUI crime as receiving a fourth DUI within ten years or having three or more prior DUI convictions. Any violations of this law can lead to severe felony penalties, such as up to three years in state prison, underscoring the seriousness of the offense.
VC 23550 sets stringent conditions for a fourth-time DUI, stating that you are guilty if you are convicted of drunk driving, have three or more prior DUI convictions, and the fourth conviction is within ten years of the three separate violations. This demonstrates the importance of compliance with the law.
Notably, the three prior DUI convictions that can initiate a fourth-time DUI offense can be convictions for Vehicle Code 23152 VC, driving a motor vehicle under the influence of alcohol or drugs, Vehicle Code 23153 VC, DUI causing injury, or Vehicle Code 23103.5 VC wet reckless.
VC 23550 says, "(a) If a person is convicted of a violation of Section 23152 and the offense occurred within ten years of three or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment under subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not less than 180 days nor 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). The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles under paragraph (7) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court under Section 13550.
(b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for three years following the conviction. The person shall be advised of this designation under subdivision (b) of Section 13350."
California law imposes progressively harsher penalties on drivers for successive DUIs, but a fourth DUI offense within ten years carries severe consequences.
What Offenses Count as a Prior DUI Conviction?
The specific crimes that might count as prior driving under the influence convictions under this law include the following:
- Driving under the influence of alcohol or drugs codified under Vehicle Code 231152 and 23152(f) VC.
- DUI causing injury codified under Vehicle Code 23153 VC.
- A "wet reckless" plea deal codified under Vehicle Code 23103.5 VC. This means pleading guilty to reckless driving with alcohol as a factor in exchange for dismissing the DUI charges. While this carries lesser penalties, it still counts as a DUI conviction for purposes of this law.
The prior convictions must be for separate incidents for the crime to count as a fourth-time DUI. If you're charged with multiple DUI offenses related to a single event, the event only counts as one prior.
Fourth-Time DUI - Quick Facts
- Vehicle Code 23550 VC is a penalty enhancement for people convicted of DUI offenses multiple times within a specific period.
- You are guilty of a fourth-time DUI if you are convicted of drunk driving, have three or more prior DUI convictions, and the fourth conviction is within ten years of the three separate violations.
- The ten years is calculated from the date of the first offense to the date of the latest incident.
- A DUI charge involves operating a vehicle under the influence of alcohol, drugs, or a combination, with a blood alcohol concentration (BAC) of 0.08% or higher.
- The BAC limit for commercial and rideshare drivers is 0.04%, and for drivers under 21, it is any detectable amount.
What are the Possible Penalties?
A fourth DUI in California is a wobbler that can be filed as a misdemeanor or a felony, depending on the case details, the severity of the incident, and your prior criminal history.
If you're charged with a fourth-time DUI as a misdemeanor, penalties can include:
- Between $390 and $1000 in fines.
- A minimum of 6 months in county jail and up to one year.
If you're convicted of a felony, penalties can include:
- Between $390 and $1000 in fines.
- Up to three years in state prison.
If you're convicted of a fourth-time DUI (misdemeanor or felony), you will also face the following consequences in addition to fines or jail time:
- Your driver's license revoked for four years.
- Designated as a "habitual traffic offender" (HTO) status under Vehicle Code 14601.3 for three years and carries additional fines and jail time if you drive during this time.
- The judge may require the installation of an ignition interlock device (IID) on your vehicle if you are granted probation.
What are Related Offenses?
Several California offenses are related to Vehicle Code 23550 VC fourth-time DUI, including the following:
- Driving under the influence - Vehicle Code 23152(a). This primary state law makes it a misdemeanor crime to operate a motor vehicle while under the influence of alcohol. If you have signs of intoxication, you can be charged with DUI even if there is no evidence that your blood alcohol concentration (BAC) is above the legal limit of .08%.
- Vehicular manslaughter - Penal Code 192(c) PC. This law involves driving negligently or unlawfully and causing someone's death. If you are driving while intoxicated (the fourth time in ten years) and kill someone, you can be charged with vehicular manslaughter and a fourth-time DUI.
- Enhanced DUI penalties for excessive BAC or test refusal. This law can impose a penalty enhancement in DUI cases involving excessive BAC, such as .15% or higher, or a breath test refusal. This enhancement could apply to a first, second, third, and fourth DUI offense.
What are the Legal Defenses?
As discussed below, an experienced California criminal defense attorney could use several strategies to challenge the charges, providing you with a range of legal defenses to consider. For example, the initial traffic stop was illegal and conducted without reasonable suspicion or probable cause.
We could challenge the accuracy of BAC testing. This means challenging the accuracy and administration of breathalyzer or blood tests, such as calibrating testing devices and handling blood samples.
We can argue a rising blood alcohol defense. We can say your BAC was below the legal limit while driving but rose to an illegal level by the time testing occurred. Contact our law firm for additional information. Cron, Israels & Stark has offices in Los Angeles, CA.
Related Content: