Vehicle Code § 23550 VC is the California statute making it a crime to get a fourth DUI within ten years. It does not matter whether the prior drunk driving convictions occurred in California or another state.
The language of Vehicle Code 23550 states:
(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 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 pursuant to 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 pursuant to paragraph (7) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with 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 a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.
A DUI-4th can be charged as a misdemeanor or a felony, as this chart illustrates:
| Fourth-time DUI Penalties in California | |
| As a misdemeanor |
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| As a felony |
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Our California criminal defense attorneys will explain the following in this article:
Vehicle Code 23550 VC defines the crime of a fourth-time DUI.
1. Elements of the Crime
For you to be convicted of a fourth-time DUI under Vehicle Code 23550 VC, prosecutors must prove beyond a reasonable doubt the following elements of the crime:
- you committed drunk driving or drugged driving,
- you have three or more prior DUI convictions, and
- the fourth conviction is within 10 years of the three separate violations.1
Note that the three “priors” can actually be convictions for:
- driving a motor vehicle under the influence of alcohol or drugs, per Vehicle Code 23152,
- wet reckless, per Vehicle Code 23103.5, or
- DUI causing injury, per Vehicle Code 23153.2
2. Defenses
If you are charged under 23550 VC, you can challenge the accusation with a legal defense. In our experience, three common defenses include the following.
You Did Not Have Three Priors Within the Last 10 Years
Perhaps the D.A. made a mistake, and you do not have three prior DUI convictions in the last 10 years. If we can find the court records that show you are not eligible for a DUI-fourth charge, you case should be lessened or dropped.
The Police Had No Probable Cause to Arrest You
It is unlawful for law enforcement to arrest you without probable cause that you committed an illegal act. If we can show the police did not have sufficient evidence to arrest you for DUI, your case should be dismissed – even if your BAC was at illegal levels. For example, perhaps your arrest was due to racial profiling and not because of impaired driving.
Your Driving Was Justified Because There Was an Emergency
Under a “necessity” defense, you try to avoid guilt by showing that you had a justifiable reason to commit the crime. Perhaps, for example, you had to drive someone to the hospital, and there were no ambulances available.
A violation of this statute can result in a fine and/or jail time.
3. Penalties
As a wobbler, a violation of VC 23550 can be charged as either a misdemeanor or a felony.
If a fourth-time DUI gets charged as a misdemeanor, it is punishable by:
- 180 days to 1 year in jail, and/or
- $390 to $1,000.3
As a felony, a DUI-fourth carries:
- up to 3 years in prison, and/or
- $390 to $1,000.4
In any case, a fourth-time DUI conviction triggers a driver’s license revocation for four years.
Further, you will be designated as a habitual traffic offender, per Vehicle Code 14601.3, for three years.5
Note that if you receive probation, a judge can order that you install an ignition interlock device as a probation condition.
4. Related Crimes
DUI – VC 23152(a)
Per Vehicle Code 23152a, DUI is where you operate a motor vehicle while under the influence of alcohol.
If you display signs and symptoms of intoxication, you can be charged with this DUI section even if there is no evidence that your blood alcohol concentration measures above the legal limit of .08%.
Unlike a fourth-time DUI, a first-time DUI is not a wobbler. The crime is normally charged as a misdemeanor offense.
Vehicular Manslaughter – PC 192c
Under Penal Code 192c, vehicular manslaughter is where you drive in a negligent or unlawful manner and thereby cause the death of another person.
If you are driving while intoxicated (for the fourth time in 10 years) and kill someone while doing so, a prosecutor can charge you with both:
- vehicular manslaughter, and
- fourth time DUI.
Enhanced DUI Penalties for Excessive BAC or Test Refusal – VC 23578
Under Vehicle Code 23578, you can receive harsher punishments for either:
- having an “excessive BAC” of .15% or higher, or
- refusing a breath or urine test.
This penalty enhancement can be applied to a first, second, third, and even fourth DUI offense.
Additional Resources
If you are struggling with alcoholism or substance abuse addiction, you can find help here:
- Alcoholics Anonymous (AA) – A 12-step program to overcome alcohol addiction.
- Narcotics Anonymous (NA) – A 12-step program to overcome drug addiction.
- Substance Abuse and Mental Health Service Administration (SAMHSA) – 24/7 treatment referral service.
- Recovery Centers of America – Treatment centers in seven states.
- SMART Recovery – Group therapy for young people struggling with addiction.
- Partnership to End Addiction – Information on how to find drug addiction treatment.
Legal References:
- California Vehicle Code 23550 VC. See also Burris v. Superior Court (2005), 34 Cal.4th 1012.
- California Vehicle Code 23550 VC.
- See same.
- See same. See also Penal Code 1170h PC.
- California Vehicle Code 23550b VC.