Munoz

Driving under the influence of alcohol or drugs, or driving while having 0.08 percent or more of alcohol in one’s blood is a misdemeanor. (Veh. Code, § 23152, subds. (a) & (b).) However, the same offense may be charged as a felony if the offense occurred within seven years of three or more separate driving under the influence (DUI) violations that resulted in convictions. (Former § 23175, subd. (a) [repealed by Stats. 1998, ch. 118, §§ 39 to 42, operative July 1, 1999], now § 23550.) In this case of first impression, we are asked to determine whether the three separate DUI violations and the current violation must all occur within a seven-year period or whether the only requirement is that each of the three separate violations occur within seven years of the current offense, effectively allowing for felony prosecutions in cases where some convictions occurred as many as 14 years apart. Although we are mindful of the serious dangers posed by drunk drivers, we conclude that it is for the Legislature to determine whether the seven-year period the Legislature has set should be extended. Accordingly, because the separate DUI offenses in the instant case spanned a period of…