Penalties for a Violation of Section 23153

Cal. VEH § 23568

California Statutes

(

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

Section 23566, 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 the county jail for at least one year, that the person pay a fine of at least three hundred ninety dollars ($390) but not more than five thousand dollars ($5,000), and that the person make restitution or reparation pursuant to

Section 1203.1 of the Penal Code. The person’s privilege to operate a motor vehicle shall be revoked by the department under 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) In addition to

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

Section 23566, the court shall impose as a condition of probation that the person enroll in and complete, subsequent to the date of the underlying violation and in a manner satisfactory to the court, an 18-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code or, if available in the county of the person’s residence or employment, a 30-month 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. In lieu of the minimum term of imprisonment in subdivision (a), the court shall impose as a minimum 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.

Except as provided in this subdivision, if the court grants probation under this section, the court shall order the treatment prescribed by this subdivision, 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 (6) of subdivision (

a) of

Section 13352. (

c) 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 § 23568
Date2011-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierVEH23568.20103017

Penalties for a Violation of Section 23153

Cal. VEH § 23568

California Statutes

Penalties for a Violation of Section 23153

Cal. VEH § 23568

California Statutes

(

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

Section 23566, 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 the county jail for at least one year, that the person pay a fine of at least three hundred ninety dollars ($390) but not more than five thousand dollars ($5,000), and that the person make restitution or reparation pursuant to

Section 1203.1 of the Penal Code. The person’s privilege to operate a motor vehicle shall be revoked by the department under 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) In addition to

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

Section 23566, the court shall impose as a condition of probation that the person enroll in and complete, subsequent to the date of the underlying violation and in a manner satisfactory to the court, an 18-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code or, if available in the county of the person’s residence or employment, a 30-month 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. In lieu of the minimum term of imprisonment in subdivision (a), the court shall impose as a minimum 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.

Except as provided in this subdivision, if the court grants probation under this section, the court shall order the treatment prescribed by this subdivision, 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 (6) of subdivision (

a) of

Section 13352. (

c) 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 § 23568
Date2011-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierVEH23568.20103017