DUI punishments are exponential with each offense. After 3 DUI convictions, or if you have a prior felony DUI, your attorney should advise you of the potential for state prison.
Under VC § 23550, a fourth or subsequent DUI (after 3 other violation of VC § 23152, 23153, or wet reckless) within 10 years is punishable as a felony or misdemeanor. A felony is punishable by 16 months, 2 years, or 3 years sentence. The alternative is 180 days to 1 year jail.
Also, the other terms apply:
- Fine of ≥ $390
- Surrender driver’s license to be suspended under VC § 13352(a)(7) - suspension will be 4 years (see DMV APS)
- Designation as habitual traffic offender for 3 years
Also note VC § 23550.5, a DUI can be charged as a felony if it is within 10 years of another DUI-related felony (just one prior felony DUI will qualify). Also, the fine of ≥$390 will apply. Similarly, there is a requirement to surrender driver’s license to be suspended under VC § 13352(a)(7) - suspension will be 4 years (see DMV APS); and a designation of habitual traffic offender for 3 years.