Penalties for a Violation of Section 23152
Cal. VEH § 23550.5
California Statutes
(
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 or 23153, and the offense occurred within years of any of the following:
(1) A separate violation of
Section that was punished as a felony under
Section or this section, or both, or under former
Section or former
Section 23175.5, or both.
(2) A separate violation of
Section that was punished as a felony.
(3) A separate violation of paragraph (1) of subdivision (
c) of
Section of the Penal Code that was punished as a felony. (
b) Each person who, having previously been convicted of a violation of subdivision (
a) of
Section 191.5 of the Penal Code, a felony violation of subdivision (
b) of
Section 191.5, or a violation of subdivision (
a) of
Section 192.5 of the Penal Code, is subsequently convicted of a violation of
Section or 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 pursuant to paragraph (7) of subdivision (
a) of
Section 13352, unless paragraph (6) of subdivision (
a) of
Section 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) A person convicted of a violation of
Section or 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