2007 California Vehicle Code Article 2. Penalties For A Violation Of Section 23140

CA Codes (veh:23502)

VEHICLE CODE

SECTION 23502




23502.  (a) Notwithstanding any other provision of law, if a person
who is at least 18 years of age is convicted of a first violation of
Section 23140, in addition to any penalties, the court shall order
the person to attend a program licensed under Section 11836 of the
Health and Safety Code, subject to a fee schedule developed under
paragraph (2) of subdivision (b) of Section 11837.4 of the Health and
Safety Code.
   (b) The attendance in a licensed driving-under-the-influence
program required under subdivision (a) shall be as follows:
   (1) If, within 10 years of the current violation of Section 23140,
the person has not been convicted of a separate violation of Section
23140, 23152, or 23153, or of Section 23103, with a plea of guilty
under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or subdivision (a) of
Section 192.5 of, the Penal Code, the person shall complete, at a
minimum, the education component of that licensed
driving-under-the-influence program.
   (2) If the person does not meet the requirements of paragraph (1),
the person shall complete, at a minimum, the program described in
paragraph (1) of subdivision (c) of Section 11837 of the Health and
Safety Code.
   (c) The person's privilege to operate a motor vehicle shall be
suspended by the department as required under Section 13352.6, and
the court shall require the person to surrender his or her driver's
license to the court in accordance with Section 13550.
   (d) The court shall advise the person at the time of sentencing
that the driving privilege will not be restored until the person has
provided the department with proof satisfactory to the department
that the person has successfully completed the
driving-under-the-influence program required under this section.

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