Penalties for a Violation of Section 23153
Cal. VEH § 23562
California Statutes
If the court grants probation to a person punished under
Section 23560, 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 subject to either subdivision (
a) or (b), as follows: (
a) Be confined in the county jail for at least days and pay a fine of at least three hundred ninety dollars ($390), but not more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) 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) All of the following apply:
(1) Be confined in the county jail for at least days, but not more than one year.
(2) Pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000).
(3) The privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) 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.
(4) Either of the following: (
A) 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, if available in the county of the person’s residence or employment, 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. 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. (
B) 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, if available in the county of the person’s residence or employment. 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. (
c) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until the person has provided 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. (
d) This
section shall become operative on September 20, 2005.