(

a) If a person is convicted of a violation of

Section or 23153, and at the time of the arrest leading to that conviction that person willfully refused a peace officer’s request to submit to, or willfully failed to complete, the breath or urine tests pursuant to

Section 23612, the court shall impose the following penalties:

(1) If the person is convicted of a first violation of

Section 23152, notwithstanding any other provision of subdivision (

a) of

Section 23538, the terms and conditions of probation shall include the conditions in paragraph (1) of subdivision (

a) of

Section 23538.

(2) If the person is convicted of a first violation of

Section 23153, the punishment shall be enhanced by an imprisonment of continuous hours in the county jail, whether or not probation is granted and no part of which may be stayed, unless the person is sentenced to, and incarcerated in, the state prison and the execution of that sentence is not stayed.

(3) If the person is convicted of a second violation of

Section 23152, punishable under

Section 23540, or a second violation of

Section 23153, punishable under

Section 23560, the punishment shall be enhanced by an imprisonment of hours in the county jail, whether or not probation is granted and no part of which may be stayed, unless the person is sentenced to, and incarcerated in, the state prison and execution of that sentence is not stayed.

(4) If the person is convicted of a third violation of

Section 23152, punishable under

Section 23546, the punishment shall be enhanced by an imprisonment of days in the county jail, whether or not probation is granted and no part of which may be stayed.

(5) If the person is convicted of a fourth or subsequent violation of

Section 23152, punishable under

Section or 23550.5, the punishment shall be enhanced by imprisonment of days in the county jail, whether or not probation is granted and no part of which may be stayed. (

b) The willful refusal or failure to complete the breath or urine test required pursuant to

Section shall be pled and proven. (

c) The penalties in this

section do not apply to a person who refused to submit to or complete a blood test pursuant to

Section 23612. This

section does not prohibit imposition of administrative actions involving driving privileges.