Penalties for a Violation of Section 23152

Cal. VEH § 23552

California Statutes

(a)

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

Section 23550, 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 a county jail 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).

(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 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 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 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 subdivision (

b) of

Section 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 or for avoiding the mandatory license revocation provisions of paragraph (7) of subdivision (

a) of

Section 13352. (

c) In addition to

Section and subdivision (a), if the court grants probation to any person punished under

Section who has not previously completed a treatment program pursuant to subdivision (

b) of

Section 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 months 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 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 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 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 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 of the Health and Safety Code.

Document details

CollectionCalifornia Statutes
CitationCal. VEH § 23552
Date2011-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierVEH23552.20103015

Penalties for a Violation of Section 23152

Cal. VEH § 23552

California Statutes

Penalties for a Violation of Section 23152

Cal. VEH § 23552

California Statutes

(a)

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

Section 23550, 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 a county jail 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).

(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 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 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 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 subdivision (

b) of

Section 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 or for avoiding the mandatory license revocation provisions of paragraph (7) of subdivision (

a) of

Section 13352. (

c) In addition to

Section and subdivision (a), if the court grants probation to any person punished under

Section who has not previously completed a treatment program pursuant to subdivision (

b) of

Section 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 months 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 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 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 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 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 of the Health and Safety Code.

Document details

CollectionCalifornia Statutes
CitationCal. VEH § 23552
Date2011-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierVEH23552.20103015