How long do DUI priors count in California?

For sentencing, prior DUI-related convictions within the preceding 10 years are generally counted, under provisions such as Vehicle Code 23540 for a second offence and 23546 for a third.

When does a DUI become a felony in California?

A fourth DUI within 10 years can be charged as a felony under Vehicle Code 23550, and a DUI after a prior felony DUI can be charged as a felony under 23550.5. A DUI causing injury under 23153 may also be charged as a felony.

Why was someone with a prior DUI not released after bail was posted?

Often because of a probation hold. A person on probation for an earlier DUI can be held pending a violation hearing under Penal Code 1203.2, and no bail bond releases someone held on a probation hold.

DUI

DUI With Prior Convictions: Second, Third and Felony DUI

Priors inside the 10-year look-back change the charge, the bail figure and what happens after release. Here is how.

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A first DUI and a third DUI can be booked on the same section of the Vehicle Code and be treated completely differently. The difference is priors — and in particular, priors inside California’s 10-year look-back period.

How priors are counted

For sentencing, California generally counts prior DUI-related convictions within the preceding 10 years. The main provisions:

Second within 10 years	Vehicle Code 23540. Still generally a misdemeanour, with increased consequences.
Third within 10 years	Vehicle Code 23546. Generally a misdemeanour, with substantially increased consequences.
Fourth within 10 years	Vehicle Code 23550. Can be charged as a felony.
Any prior felony DUI	Vehicle Code 23550.5. A later DUI can be charged as a felony regardless of timing within the statute’s terms.
DUI causing injury	Vehicle Code 23153 — see DUI causing injury.

What it does to bail

Priors move the figure in two ways. Where the case is charged as a felony, the countywide schedule treats it very differently from a misdemeanour — see felony bail and the Orange County and Los Angeles County schedules. And a court may increase bail above the schedule on application under Penal Code 1269c.

The obstacle that is usually bigger than the bail figure

Someone with a recent DUI conviction is very often still on probation for it. A new DUI arrest can bring a probation hold under Penal Code 1203.2, and no bail bond releases a person held on one. Check for supervision status before paying anything — see probation violation and holds and multiple cases.

Licence and car

Priors lengthen DMV consequences, and driving while suspended for a DUI is itself a charge — see driving on a suspended licence and DUI test refusal, including the 10-day DMV hearing deadline.

Where they are, and what happens next

SearchFind an InmateOrange County and Los Angeles County custody searches, and what each will and will not show.Read more
ProcessHow Long Release TakesWhat controls the clock once the money is in, and why releases stall.Read more
LawHow Bail Schedules WorkPC 1269b, 1269c and 1289 — who sets an amount and who can change it.Read more
ReferenceWhat Kind of Jail Is Holding Them24-hour Temporary Holding versus 96-hour Type I, and why it matters tonight.Read more

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin, plus our Orange County and Los Angeles County guides.

Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing on this page is legal advice, and we cannot predict how any case will be charged or resolved. Statutes and local court practice change — confirm current details with the court, the facility, or a criminal defence lawyer. California bail license 1841014.

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