People v. LopesAnnotate this Case
In 2006, when Lopes was 17 years old, she entered a plea of no contest to felony driving under the influence with injury under section 23153(a) and 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 (section 23152(a)) and driving with a blood alcohol content of 0.08 percent or more. Both charges were alleged as felonies pursuant to section 23550.5 due to the prior juvenile adjudication. The court ruled that her juvenile adjudication could not be used to elevate the DUI to a felony. Lopes then entered a plea of no contest to misdemeanor violation. The court of appeal affirmed, holding that a juvenile adjudication does not qualify as a “prior violation . . . that was punished as a felony” so as to elevate a misdemeanor driving under the influence offense to a felony under Vehicle Code section 23550.5.