Driving Offenses
Cal. VEH § 23103.5
California Statutes
(
a) If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of
Section in satisfaction of, or as a substitute for, an original charge of a violation of
Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense. (
b) The court shall advise the defendant, prior to the acceptance of the plea offered pursuant to a factual statement pursuant to subdivision (a), of the consequences of a conviction of a violation of
Section as set forth in subdivision (c). (
c) If the court accepts the defendant’s plea of guilty or nolo contendere to a charge of a violation of
Section and the prosecutor’s statement under subdivision (
a) states that there was consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of
Section 23540, 23546, 23550, 23560, 23566, or 23622, as specified in those sections. (
d) The court shall notify the Department of Motor Vehicles of each conviction of
Section that is required under this
section to be a prior offense for purposes of
Section 23540, 23546, 23550, 23560, 23566, or 23622. (
e) Except as provided in paragraph (1) of subdivision (f), if the court places the defendant on probation for a conviction of
Section that is required under this
section to be a prior offense for purposes of
Section 23540, 23546, 23550, 23560, 23566, or 23622, the court shall order the defendant to enroll in an alcohol and drug education program licensed under
Chapter 9 (commencing with
Section 11836) of Part of Division 10.5 of the Health and Safety Code and complete, at a minimum, the educational component of that program, as a condition of probation. If compelling circumstances exist that mitigate against including the education component in the order, the court may make an affirmative finding to that effect. The court shall state the compelling circumstances and the affirmative finding on the record, and may, in these cases, exclude the educational component from the order. (f)
(1) If the court places on probation a defendant convicted of a violation of
Section that is required under this
section to be a prior offense for purposes of
Section 23540, 23546, 23550, 23560, 23566, or 23622, and that offense occurred within years of a separate conviction of a violation of
Section 23103, as specified in this section, or within years of a conviction of a violation of
Section or 23153, the court shall order the defendant to participate for nine months or longer, as ordered by the court, in a program licensed under
Chapter 9 (commencing with
Section 11836) of Part of Division 10.5 of the Health and Safety Code that consists of at least hours of program activities, including education, group counseling, and individual interview sessions.
(2) The court shall revoke the person’s probation, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in paragraph (1). (
g) Commencing January 1, 2019, the court may require a person convicted on or after January 1, 2019, of a violation of
Section 23103, as described in this section, to install a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period of at least three months, but no longer than the term specified in
Section 23575.3 that would have applied to the defendant had the defendant instead been convicted of a violation of
Section 23152, from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (
a) of
Section 1803, of the terms of the restrictions in accordance with subdivision (
a) of
Section 1804. The Department of Motor Vehicles shall place the restriction in the person’s records in the Department of Motor Vehicles. A person who is required to install a functioning, certified ignition interlock device pursuant to this subdivision shall submit the “Verification of Installation” form described in paragraph (2) of subdivision (
g) of
Section and maintain the ignition interlock device as required under subdivision (
f) of
Section 23575.3. The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to this subdivision. (
h) The Department of Motor Vehicles shall include in its annual report to the Legislature under
Section an evaluation of the effectiveness of the programs described in subdivisions (
e) and (
g) as to treating persons convicted of violating
Section 23103. (
i) This
section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date.