prior dui convictions

A second degree murder charge for a California DUI resulting in a death is generally reserved for those who have suffered a prior DUI charge. Prosecutors are able to introduce both signed Watson advisements and the attendance of a DUI class to prove that the defendant acted with a “conscious disregard for human life,” otherwise known as implied malice.

A California driving under the influence charge is generally charged as a misdemeanor. However, if you have three priorable DUI convictions within the last 10 years or you have a prior felony conviction within the last 10 years, your current DUI charge may be charged as a felony.

In California, as in most states, there are several categories of DUI conviction. Among these are the “Standard” DUI penalties, the “Enhanced” DUI penalties and penalties involving DUI by minors. This post deals specifically with “Enhanced” DUI penalties. For information on the “Standard” DUI penalties check out this article titled California’s DUI Laws and Penalties.