2005 California Vehicle Code Sections 23536-23552 Article 2. Penalties for a Violation of Section 23152

VEHICLE CODE
SECTION 23536-23552

23536.  (a) If a person is convicted of a first violation of Section
23152, that person shall be punished by imprisonment in the county
jail for not less than 96 hours, at least 48 hours of which shall be
continuous, nor more than six months, and by a fine of not less than
three hundred ninety dollars ($390), nor more than one thousand
dollars ($1,000).
   (b) The court shall order that a person punished under subdivision
(a), who is to be punished by imprisonment in the county jail, be
imprisoned on days other than days of regular employment of the
person, as determined by the court.  If the court determines that 48
hours of continuous imprisonment would interfere with the person's
work schedule, the court shall allow the person to serve the
imprisonment whenever the person is normally scheduled for time off
from work.  The court may make this determination based upon a
representation from the defendant's attorney or upon an affidavit or
testimony from the defendant.
   (c) The person's privilege to operate a motor vehicle shall be
suspended by the department under paragraph (1) of subdivision (a) of
Section 13352.  The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
   (d) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (1) of subdivision (a) of Section 13352, the court
may disallow the issuance of a restricted driver's license required
under Section 13352.4.
   (e) This section shall become operative on September 20, 2005.
23538.  (a) (1) If the court grants probation to person punished
under Section 23536, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as a condition of probation that the person pay a fine
of at least three hundred ninety dollars ($390), but not more than
one thousand dollars ($1,000). The court may also impose, as a
condition of probation, that the person be confined in a county jail
for at least 48 hours, but not more than six months.
   (2) The person's privilege to operate a motor vehicle shall be
suspended by the department under paragraph (1) of subdivision (a) of
Section 13352. The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
   (3) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (1) of subdivision (a) of Section 13352, the court
may disallow the issuance of a restricted driver's license required
under Section 13352.4.
   (b) In any county where the board of supervisors has approved, and
the State Department of Alcohol and Drug Programs has licensed, a
program or programs described in Section 11837.3 of the Health and
Safety Code, the court shall also impose as a condition of probation
that the driver shall enroll and participate in, and successfully
complete a driving-under-the-influence program, licensed pursuant to
Section 11836 of the Health and Safety Code, in the driver's county
of residence or employment, as designated by the court. For the
purposes of this subdivision, enrollment in, participation in, and
completion of an approved program shall be subsequent to the date of
the current violation. Credit may not be given for any program
activities completed prior to the date of the current violation.
   (1) The court shall refer a first offender whose blood-alcohol
concentration was less than 0.20 percent, by weight, to participate
for at least three months or longer, as ordered by the court, in a
licensed program that consists of at least 30 hours of program
activities, including those education, group counseling, and
individual interview sessions described in Chapter 9 (commencing with
Section 11836) of Part 2 of Division 10.5 of the Health and Safety
Code.
   (2) The court shall refer a first offender whose blood-alcohol
concentration was 0.20 percent or more, by weight, or who refused to
take a chemical test, to participate for at least nine months or
longer, as ordered by the court, in a licensed program that consists
of at least 60 hours of program activities, including those
education, group counseling, and individual interview sessions
described in Chapter 9 (commencing with Section 11836) of Part 2 of
Division 10.5 of the Health and Safety Code.
   (3) The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until proof
satisfactory to the department of successful completion of a
driving-under-the-influence program of the length required under this
code that is licensed pursuant to Section 11836 of the Health and
Safety Code has been received in the department's headquarters.
   (c) (1) The court shall revoke the person's probation pursuant to
Section 23602, except for good cause shown, for the failure to enroll
in, participate in, or complete a program specified in subdivision
(b).
   (2) The court, in establishing reporting requirements, shall
consult with the county alcohol program administrator. The county
alcohol program administrator shall coordinate the reporting
requirements with the department and with the State Department of
Alcohol and Drug Programs. That reporting shall ensure that all
persons who, after being ordered to attend and complete a program,
may be identified for either (A) failure to enroll in, or failure to
successfully complete, the program, or (B) successful completion of
the program as ordered.
   (d) This section shall become operative on September 20, 2005.
23540.  (a) If a person is convicted of a violation of Section 23152
and the offense occurred within 10 years of a separate violation of
Section 23103, as specified in Section 23103.5, 23152, or 23153, that
resulted in a conviction, that person shall be punished by
imprisonment in the county jail for not less than 90 days nor more
than one year and by a fine of not less than three hundred ninety
dollars ($390) nor more than one thousand dollars ($1,000).  The
person's privilege to operate a motor vehicle shall be suspended by
the department pursuant to paragraph (3) of subdivision (a) of
Section 13352.  The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
   (b) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (3) of subdivision (a) of Section 13352, the court
may disallow the issuance of a restricted driver's license required
under Section 13352.5.
   (c) This section shall become operative on September 20, 2005.
23542.  (a) (1) If the court grants probation to a person punished
under Section 23540, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as conditions of probation that the person be confined
in county jail and fined under either of the following:
   (A) For at least 10 days, but not more than one year, and pay a
fine of at least three hundred ninety dollars ($390), but not more
than one thousand dollars ($1,000).
   (B) For at least 96 hours, but not more than one year, and pay a
fine of at least three hundred ninety dollars ($390), but not more
than one thousand dollars ($1,000).  A sentence of 96 hours of
confinement shall be served in two increments consisting of a
continuous 48 hours each.  The two 48-hour increments may be served
nonconsecutively.
   (2) The person's privilege to operate a motor vehicle shall be
suspended by the department under paragraph (3) of subdivision (a) of
Section 13352.  The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
   (b) In addition to the conditions specified in subdivision (a),
the court shall require the person to do either of the following:
   (1) Enroll and participate, for at least 18 months subsequent to
the date of the underlying violation and in a manner satisfactory to
the court, in a driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code, as designated by the
court.  The person shall complete the entire program subsequent to,
and shall not be given any credit for any program activities
completed prior to, the date of the current violation.  The program
shall provide for persons who cannot afford the program fee pursuant
to paragraph (2) of subdivision (b) of Section 11837.4 of the Health
and Safety Code in order to enable those persons to participate.
   (2) Enroll and participate, for at least 30 months subsequent to
the date of the underlying violation and in a manner satisfactory to
the court, in a driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code.  The person shall
complete the entire program subsequent to, and shall not be given any
credit for any program activities completed prior to, the date of
the current violation.
   (c) The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until proof
satisfactory to the Department of Motor Vehicles of successful
completion of a driving-under-the-influence program of the length
required under this code licensed pursuant to Section 11836 of the
Health and Safety Code has been received in the department's
headquarters.
   (d) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (3) of subdivision (a) of Section 13352, the court
may disallow the issuance of a restricted driver's license required
under Section 13352.5.
   (e) This section shall become operative on September 20, 2005.
23546.  (a) If a person is convicted of a violation of Section 23152
and the offense occurred within 10 years of two separate violations
of Section 23103, as specified in Section 23103.5, 23152, or 23153,
or any combination thereof, that resulted in convictions, that person
shall be punished by imprisonment in the county jail for not less
than 120 days nor more than one year and by a fine of not less than
three hundred ninety dollars ($390) nor more than one thousand
dollars ($1,000).  The person's privilege to operate a motor vehicle
shall be revoked by the Department of Motor Vehicles as required in
paragraph (5) of subdivision (a) of Section 13352.  The court shall
require the person to surrender his or her driver's license to the
court in accordance with Section 13550.
   (b) A person convicted of a violation of Section 23152 punishable
under this section shall be designated as a habitual traffic offender
for a period of three years, subsequent to the conviction.  The
person shall be advised of this designation pursuant to subdivision
(b) of Section 13350.
23548.  (a) (1) If the court grants probation to any person punished
under Section 23546, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as conditions of probation that the person be confined
in the county jail for at least 120 days but not more than one year
and pay a fine of at least three hundred ninety dollars ($390) but
not more than one thousand dollars ($1,000).
   (2) The person's privilege to operate a motor vehicle shall be
revoked by the department under paragraph (5) of subdivision (a) of
Section 13352. The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
   (b) In addition to subdivision (a), if the court grants probation
to any person punished under Section 23546, the court may order as a
condition of probation that the person participate, for at least 30
months subsequent to the underlying conviction and in a manner
satisfactory to the court, in a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code.  In
lieu of the minimum term of imprisonment specified in subdivision
(a), the court shall impose as a condition of probation under this
subdivision that the person be confined in the county jail for at
least 30 days but not more than one year.  The court shall not order
the treatment prescribed by this subdivision unless the person makes
a specific request and shows good cause for the order, whether or not
the person has previously completed a treatment program pursuant to
paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of
subdivision (b) of Section 23562.  In order to enable all required
persons to participate, each person shall pay the program costs
commensurate with the person's ability to pay as determined pursuant
to Section 11837.4 of the Health and Safety Code.  No condition of
probation required pursuant to this subdivision is a basis for
reducing any other probation requirement in this section or Section
23600 or for avoiding the mandatory license revocation provisions of
paragraph (5) of subdivision (a) of Section 13352.
   (c) In addition to the provisions of Section 23600 and subdivision
(a), if the court grants probation to any person punished under
Section 23546 who has not previously completed a treatment program
pursuant to paragraph (4) of subdivision (b) of Section 23542 or
paragraph (4) of subdivision (b) of Section 23562, and unless the
person is ordered to participate in and complete a
driving-under-the-influence program under subdivision (b), the court
shall impose as a condition of probation that the person, subsequent
to the date of the current violation, enroll and participate, for at
least 18 months and in a manner satisfactory to the court, in a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as designated by the court.  The
person shall complete the entire program subsequent to, and shall
not be given any credit for program activities completed prior to,
the date of the current violation.  Any person who has previously
completed a 12-month or 18-month program licensed pursuant to Section
11836 of the Health and Safety Code shall not be eligible for
referral pursuant to this subdivision unless a 30-month licensed
driving-under-the-influence program is not available for referral in
the county of the person's residence or employment.  The program
shall provide for persons who cannot afford the program fee pursuant
to paragraph (2) of subdivision (b) of Section 11837.4 of the Health
and Safety Code in order to enable those persons to participate.  No
condition of probation required pursuant to this subdivision is a
basis for reducing any other probation requirement in this section or
Section 23600 or for avoiding the mandatory license revocation
provisions of paragraph (5) of subdivision (a) of Section 13352.
   (d) The court shall advise the person at the time of sentencing
that the driving privilege may not be restored until the person
provides proof satisfactory to the department of successful
completion of a driving-under-the-influence program of the length
required under this code that is licensed pursuant to Section 11836
of the Health and Safety Code.
   (e) This section shall become operative on September 20, 2005.
23550.  (a) If a person is convicted of a violation of Section 23152
and the offense occurred within 10 years of three or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23152 or 23153, or any combination thereof, that resulted in
convictions, that person shall be punished by imprisonment in the
state prison, or in a county jail for not less than 180 days nor more
than one year, and by a fine of not less than three hundred ninety
dollars ($390) nor more than one thousand dollars ($1,000).  The
person's privilege to operate a motor vehicle shall be revoked by the
Department of Motor Vehicles pursuant to paragraph (7) of
subdivision (a) of Section 13352.  The court shall require the person
to surrender the driver's license to the court in accordance with
Section 13550.
   (b) A person convicted of a violation of Section 23152 punishable
under this section shall be designated as a habitual traffic offender
for a period of three years, subsequent to the conviction.  The
person shall be advised of this designation pursuant to subdivision
(b) of Section 13350.
23550.5.  (a) A person is guilty of a public offense, punishable by
imprisonment in the state prison or confinement in a county jail for
not more than one year and by a fine of not less than three hundred
ninety dollars ($390) nor more than one thousand dollars ($1,000) if
that person is convicted of a violation of Section 23152 or 23153,
and the offense occurred within 10 years of any of the following:
   (1) A prior violation of Section 23152 that was punished as a
felony under Section 23550 or this section, or both, or under former
Section 23175 or former Section 23175.5, or both.
   (2) A prior violation of Section 23153 that was punished as a
felony.
   (3) A prior violation of paragraph (1) of subdivision (c) of
Section 192 of the Penal Code that was punished as a felony.
   (b) Every person who, having previously been convicted of a
violation of Section 191.5 of the Penal Code or a felony violation of
paragraph (3) of subdivision (c) of Section 192 of the Penal Code,
is subsequently convicted of a violation of Section 23152 or 23153 is
guilty of a public offense punishable by imprisonment in the state
prison or confinement in a county jail for not more than one year and
by a fine of not less than three hundred ninety dollars ($390) nor
more than one thousand dollars ($1,000).
   (c) The privilege to operate a motor vehicle of a person convicted
of a violation that is punishable under subdivision (a) or (b) shall
be revoked by the department under paragraph (7) of subdivision (a)
of Section 13352, unless paragraph (6) of subdivision (a) of Section
13352 is also applicable, in which case the privilege shall be
revoked under that provision.  The court shall require the person to
surrender the driver's license to the court in accordance with
Section 13550.
   (d) Any person convicted of a violation of Section 23152 or 23153
that is punishable under this section shall be designated as a
habitual traffic offender for a period of three years, subsequent to
the conviction.  The person shall be advised of this designation
under subdivision (b) of Section 13350.
23552.  (a) (1) If the court grants probation to a person punished
under Section 23550, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as conditions of probation that the person be confined
in a county jail for at least 180 days but not more than one year and
pay a fine of at least three hundred ninety dollars ($390) but not
more than one thousand dollars ($1,000).
   (2) The person's privilege to operate a motor vehicle shall be
revoked by the department under paragraph (7) of subdivision (a) of
Section 13352.  The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
   (b) In addition to subdivision (a), if the court grants probation
to any person punished under Section 23550, the court may order as a
condition of probation that the person participate, for at least 30
months subsequent to the underlying conviction and in a manner
satisfactory to the court, in a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code.  In
lieu of the minimum term of imprisonment in subdivision (a), the
court shall impose as a condition of probation under this subdivision
that the person be confined in the county jail for at least 30 days
but not more than one year.  The court shall not order the treatment
prescribed by this subdivision unless the person makes a specific
request and shows good cause for the order, whether or not the person
has previously completed a treatment program pursuant to paragraph
(4) of subdivision (b) of Section 23542 or paragraph (4) of
subdivision (b) of Section 23562.  In order to enable all required
persons to participate, each person shall pay the program costs
commensurate with the person's ability to pay as determined pursuant
to Section 11837.4 of the Health and Safety Code.  No condition of
probation required pursuant to this subdivision is a basis for
reducing any other probation requirement in this section or Section
23600 or for avoiding the mandatory license revocation provisions of
paragraph (7) of subdivision (a) of Section 13352.
   (c) In addition to the provisions of Section 23600 and subdivision
(a), if the court grants probation to any person punished under
Section 23550 who has not previously completed a treatment program
pursuant to paragraph (4) of subdivision (b) of Section 23542 or
paragraph (4) of subdivision (b) of Section 23562, and unless the
person is ordered to participate in, and complete, a program under
subdivision (b), the court shall impose as a condition of probation
that the person, subsequent to the date of the current violation,
enroll in and participate, for at least 18 months and in a manner
satisfactory to the court, in a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code, as
designated by the court.  The person shall complete the entire
program subsequent to, and shall not be given any credit for program
activities completed prior to, the date of the current violation.  A
person who has previously completed a 12-month or 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code shall not be eligible for
referral pursuant to this subdivision unless a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code is not available for referral in
the county of the person's residence or employment.  A condition of
probation required pursuant to this subdivision is not a basis for
reducing any other probation requirement in this section or Section
23600 or for avoiding the mandatory license revocation provisions of
paragraph (7) of subdivision (a) of Section 13352.
   (d) The court shall advise the person at the time of sentencing
that the driving privilege may not be restored until the person
provides proof satisfactory to the department of successful
completion of a driving-under-the-influence program of the length
required under this code that is licensed pursuant to Section 11836
of the Health and Safety Code.
   (e) This section shall become operative on September 20, 2005.


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