Penalties for a Violation of Section 23153
Cal. VEH § 23566
California Statutes
(
a) If a person is convicted of a violation of
Section and the offense occurred within years of two or more separate violations of
Section 23103, as specified in
Section 23103.5, or
Section or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) 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) If a person is convicted of a violation of
Section 23153, and the act or neglect proximately causes great bodily injury, as defined in
Section 12022.7 of the Penal Code, to any person other than the driver, and the offense occurred within years of two or more separate violations of
Section 23103, as specified in
Section 23103.5, or
Section or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) 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. (
c) If a person is convicted under subdivision (b), and the offense for which the person is convicted occurred within years of four or more separate violations of
Section 23103, as specified in
Section 23103.5, or
Section or 23153, or any combination of these violations, that resulted in convictions, that person shall, in addition and consecutive to the sentences imposed under subdivision (b), be punished by an additional term of imprisonment in the state prison for three years. The enhancement allegation provided in this subdivision shall be pleaded and proved as provided by law. (
d) A person convicted of
Section 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 pursuant to subdivision (
b) of
Section 13350. (
e) A person confined in state prison under this
section shall be ordered by the court to participate in an alcohol or drug program, or both, that is available at the prison during the person’s confinement. Completion of an alcohol or drug program under this
section does not meet the program completion requirement of paragraph (6) of subdivision (
a) of