Penalties for a Violation of Section 23152

Cal. VEH § 23542

California Statutes

(a)

(1) If the court grants probation to a person punished under

Section 23540, in addition to the provisions of

Section 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 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 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 hours of confinement shall be served in two increments consisting of a continuous 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 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 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 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 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 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.

Document details

CollectionCalifornia Statutes
CitationCal. VEH § 23542
Date2005-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierVEH23542.200455118.5

Penalties for a Violation of Section 23152

Cal. VEH § 23542

California Statutes

Penalties for a Violation of Section 23152

Cal. VEH § 23542

California Statutes

(a)

(1) If the court grants probation to a person punished under

Section 23540, in addition to the provisions of

Section 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 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 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 hours of confinement shall be served in two increments consisting of a continuous 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 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 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 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 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 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.

Document details

CollectionCalifornia Statutes
CitationCal. VEH § 23542
Date2005-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierVEH23542.200455118.5
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