Lopes

Does a juvenile adjudication qualify as a “prior violation . . . that was punished as a felony” so as to elevate a misdemeanor driving under the influence (DUI) offense to a felony under Vehicle Code former section 23550.5? It does not. The trial court properly rejected the People’s attempt to elevate a drunk driving charge with a prior juvenile adjudication pursuant to former section 23550.5, subdivision (a)(2), so we affirm.

BACKGROUND

In 2006, when Mercedes Lopes was 17 years old, she entered a plea of no contest to felony driving under the influence with injury under section 23153, subdivision (a). Lopes was detained as a ward of the court and committed to a DUI youth program with a maximum time of confinement of 38 months.

In 2014, Lopes was charged with driving under the influence (§23152, subd. (a)) and driving with a blood alcohol content of 0.08 percent or more (§ 23152, subd. (b)). Both charges were alleged as felonies pursuant to former section 23550.5 due to the prior juvenile adjudication. After waiving jury trial, Lopes admitted the 2006 adjudication but moved for acquittal on the former section 23550.5 allegation. The court ruled that her juvenile…