California Laws: Vehicle Code Section 23550.5
Section 23550.5
(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 prior 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 prior violation of Section 23153 that was punished as a
felony.
(3) A prior violation of paragraph (1) of subdivision (c) of
Section 192 of the Penal Code that was punished as a felony.
(b) Every person who, having previously been convicted of a
violation of Section 191.5 of the Penal Code or a felony violation of
paragraph (3) of subdivision (c) of Section 192 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 under 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) Any 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.
Section: 23550.5
