Legal Question in Criminal Law in California

from california, if someone had a felony dui (injury accident) in 1989 (1st offense) then 9years 10 months later, got another one (misdemeaner). received 5 year sentence (at 85% term) because 1st one was considered a "strike" . no other offenses going on 15 years. so if i were to get another one now, would that be an third strike?


Asked on 7/13/14, 6:25 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

No.

Strikes are "serious" and "violent" offenses under Penal Codes 1192.7 and 667.

A prior felony DUI turns the new one into a felony, but unless there is great bodily injury it would not be a new strike. Your sentence could be doubled because of then original strike, making your minimum 32 months prison.

Your second was also not a strike unless it too included great bodily injury.

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Answered on 7/13/14, 6:42 pm


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