Fourth Offense DUI Penalty
California Vehicle Code Section 23550
23550. (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 in the state prison, 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.
California Vehicle Code Section 23550.5
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) 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 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) 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.
California Vehicle Code Section 23552
23552. (a) (1) If the court grants probation to a person punished under
Section 23550, in addition to the provisions of Section 23600 and any
other terms and conditions imposed by the court, the court shall impose
as conditions of probation that the person be confined in a county jail
for at least 180 days but not more than one year and pay a fine of at
least three hundred ninety dollars ($390) but not more than one thousand
dollars ($1,000).
(2) The person's privilege to operate a motor vehicle shall be revoked
by the department under 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) In addition to subdivision (a), if the court grants probation to any
person punished under Section 23550, the court may order as a condition
of probation that the person participate, for at least 30 months subsequent
to the underlying conviction and in a manner satisfactory to the court,
in a driving under the influence program licensed pursuant to Section
11836 of the Health and Safety Code. In lieu of the minimum term of imprisonment
in subdivision (a), the court shall impose as a condition of probation
under this subdivision that the person be confined in the county jail
for at least 30 days but not more than one year.
The court shall not order the treatment prescribed by this subdivision
unless the person makes a specific request and shows good cause for the
order, whether or not the person has previously completed a treatment
program pursuant to subdivision (b) of Section 23542 or paragraph (4)
of subdivision (b) of Section 23562. In order to enable all required persons
to participate, each person shall pay the program costs commensurate with
the person's ability to pay as determined pursuant to Section 11837.4
of the Health and Safety Code. No condition of probation required pursuant
to this subdivision is a basis for reducing any other probation requirement
in this section or Section 23600 or for avoiding the mandatory license
revocation provisions of paragraph (7) of subdivision (a) of Section 13352.
(c) In addition to Section 23600 and subdivision (a), if the court grants
probation to any person punished under Section 23550 who has not previously
completed a treatment program pursuant to subdivision (b) of Section 23542
or paragraph (4) of subdivision (b) of Section 23562, and unless the person
is ordered to participate in, and
complete, a program under subdivision (b), the court shall impose as a
condition of probation that the person, subsequent to the date of the
current violation, enroll in and participate, for at least 18 months and
in a manner satisfactory to the court, in a driving under the influence
program licensed pursuant to Section 11836 of the Health and Safety Code,
as designated by the court. The person shall complete the entire program
subsequent to, and shall not be given any credit for program activities
completed prior to, the date of the current violation. A person who has
previously completed a 12-month or 18-month driving under the influence
program licensed pursuant to Section 11836 of the Health and Safety Code
shall not be eligible for referral pursuant to this subdivision unless
a 30-month driving under the influence program licensed pursuant to Section
11836 of the Health and Safety Code is not available for referral in the
county of the person's residence or employment. A condition of probation
required pursuant to this subdivision is not a basis for reducing any
other probation requirement in this section or Section
23600 or for avoiding the mandatory license revocation provisions of paragraph
(7) of subdivision (a) of Section 13352.
(d) The court shall advise the person at the time of sentencing that the
driving privilege may not be restored until the person provides proof
satisfactory to the department of successful completion of a riving under
the influence program of the length required under this code that is licensed
pursuant to Section 11836 of the Health and Safety Code.