23554. If any person is convicted of a first violation of Section
23153, that person shall be punished by imprisonment in the state
prison, or in a county jail for not less than 90 days nor more than
one year, and by a fine of not less than three hundred ninety dollars
($390) nor more than one thousand dollars ($1,000). The person's
privilege to operate a motor vehicle shall be suspended by the
Department of Motor Vehicles pursuant to paragraph (2) 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.
23556. (a) (1) If the court grants probation to any person punished
under Section 23554, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as a condition of probation that the person be confined
in the county jail for at least five 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
suspended by the department under paragraph (2) 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) (1) In a county where the county alcohol program administrator
has certified, and the board of supervisors has approved, a program
or programs, the court shall also impose as a condition of probation
that the driver shall participate in, and successfully complete, an
alcohol and other drug education and counseling program, established
pursuant to Section 11837.3 of the Health and Safety Code, as
designated by the court.
(2) In any county where the board of supervisors has approved and
the State Department of Alcohol and Drug Programs has licensed an
alcohol and other drug education and counseling program, the court
shall also impose as a condition of probation that the driver enroll
in, participate in, and successfully complete, a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, in the driver's county of
residence or employment, as designated by the court. For the purposes
of this paragraph, enrollment in, participation in, and completion
of, an approved program shall be subsequent to the date of the
current violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
(3) The court shall refer a first offender whose blood-alcohol
concentration was less than 0.20 percent, by weight, to participate
for three months or longer, as ordered by the court, in a licensed
program that consists of at least 30 hours of program activities,
including those education, group counseling, and individual interview
sessions described in Chapter 9 (commencing with Section 11836) of
Part 2 of Division 10.5 of the Health and Safety Code.
(4) The court shall refer a first offender whose blood-alcohol
concentration was 0.20 percent or more, by weight, or who refused to
take a chemical test, to participate for nine months or longer, as
ordered by the court, in a licensed program that consists of at least
60 hours of program activities, including those education, group
counseling, and individual interview sessions described in Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code.
(c) (1) The court shall revoke the person's probation pursuant to
Section 23602, except for good cause shown, for the failure to enroll
in, participate in, or complete a program specified in subdivision
(b).
(2) The court, in establishing reporting requirements, shall
consult with the county alcohol program administrator. The county
alcohol program administrator shall coordinate the reporting
requirements with the department and with the Department of Alcohol
and Drug Programs. That reporting shall ensure that all persons who,
after being ordered to attend and complete a program, may be
identified for either (A) failure to enroll in, or failure to
successfully complete, the program, or (B) successful completion of
the program as ordered.
(d) 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 11836
of the Health and Safety Code.
(e) This section shall become operative on September 20, 2005.
23558. A person who proximately causes bodily injury or death to
more than one victim in any one instance of driving in violation of
Section 23153 of this code or in violation of Section 191.5 of, or
subdivision (a) of Section 192.5 of, the Penal Code, shall, upon a
felony conviction, and notwithstanding subdivision (g) of Section
1170.1 of the Penal Code, receive an enhancement of one year in the
state prison for each additional injured victim. The enhanced
sentence provided for in this section shall not be imposed unless the
fact of the bodily injury to each additional victim is charged in
the accusatory pleading and admitted or found to be true by the trier
of fact. The maximum number of one year enhancements that may be
imposed pursuant to this section is three.
Notwithstanding any other provision of law, the court may strike
the enhancements provided in this section if it determines that there
are circumstances in mitigation of the additional punishment and
states on the record its reasons for striking the additional
punishment.
23560. If a person is convicted of a violation of Section 23153 and
the offense occurred within 10 years of a separate violation of
Section 23103, as specified in Section 23103.5, 23152, or 23153 that
resulted in a conviction, that person shall be punished by
imprisonment in the state prison, or in a county jail for not less
than 120 days nor more than one year, and by a fine of not less than
three hundred ninety dollars ($390) 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 (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.
23562. If the court grants probation to a person punished under
Section 23560, in addition to the provisions of Section 23600 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 120 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 30 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 18 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 11836 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 30 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 11836 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 11836
of the Health and Safety Code.
(d) This section shall become operative on September 20, 2005.
23566. (a) If a person is convicted of a violation of Section 23153
and the offense occurred within 10 years of two or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23152 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 10 years of two or more
separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 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 10 years of
four or more separate violations of Section 23103, as specified in
Section 23103.5, or Section 23152 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 23153 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 Section 13352, unless the drug or alcohol
program is licensed under Section 11836 of the Health and Safety
Code, or is a program specified in Section 8001 of the Penal Code.
23568. (a) If the court grants probation to a person punished under
Section 23566, in addition to the provisions of Section 23600 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 23600 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
11836 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
11836 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 30 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 23542 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 23600 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 11836
of the Health and Safety Code.
23554. If any person is convicted of a first violation of Section
23153, that person shall be punished by imprisonment in the state
prison, or in a county jail for not less than 90 days nor more than
one year, and by a fine of not less than three hundred ninety dollars
($390) nor more than one thousand dollars ($1,000). The person's
privilege to operate a motor vehicle shall be suspended by the
Department of Motor Vehicles pursuant to paragraph (2) 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.
23556. (a) (1) If the court grants probation to any person punished
under Section 23554, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as a condition of probation that the person be confined
in the county jail for at least five 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
suspended by the department under paragraph (2) 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) (1) In a county where the county alcohol program administrator
has certified, and the board of supervisors has approved, a program
or programs, the court shall also impose as a condition of probation
that the driver shall participate in, and successfully complete, an
alcohol and other drug education and counseling program, established
pursuant to Section 11837.3 of the Health and Safety Code, as
designated by the court.
(2) In any county where the board of supervisors has approved and
the State Department of Alcohol and Drug Programs has licensed an
alcohol and other drug education and counseling program, the court
shall also impose as a condition of probation that the driver enroll
in, participate in, and successfully complete, a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, in the driver's county of
residence or employment, as designated by the court. For the purposes
of this paragraph, enrollment in, participation in, and completion
of, an approved program shall be subsequent to the date of the
current violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
(3) The court shall refer a first offender whose blood-alcohol
concentration was less than 0.20 percent, by weight, to participate
for three months or longer, as ordered by the court, in a licensed
program that consists of at least 30 hours of program activities,
including those education, group counseling, and individual interview
sessions described in Chapter 9 (commencing with Section 11836) of
Part 2 of Division 10.5 of the Health and Safety Code.
(4) The court shall refer a first offender whose blood-alcohol
concentration was 0.20 percent or more, by weight, or who refused to
take a chemical test, to participate for nine months or longer, as
ordered by the court, in a licensed program that consists of at least
60 hours of program activities, including those education, group
counseling, and individual interview sessions described in Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code.
(c) (1) The court shall revoke the person's probation pursuant to
Section 23602, except for good cause shown, for the failure to enroll
in, participate in, or complete a program specified in subdivision
(b).
(2) The court, in establishing reporting requirements, shall
consult with the county alcohol program administrator. The county
alcohol program administrator shall coordinate the reporting
requirements with the department and with the Department of Alcohol
and Drug Programs. That reporting shall ensure that all persons who,
after being ordered to attend and complete a program, may be
identified for either (A) failure to enroll in, or failure to
successfully complete, the program, or (B) successful completion of
the program as ordered.
(d) 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 11836
of the Health and Safety Code.
(e) This section shall become operative on September 20, 2005.
23558. A person who proximately causes bodily injury or death to
more than one victim in any one instance of driving in violation of
Section 23153 of this code or in violation of Section 191.5 of, or
subdivision (a) of Section 192.5 of, the Penal Code, shall, upon a
felony conviction, and notwithstanding subdivision (g) of Section
1170.1 of the Penal Code, receive an enhancement of one year in the
state prison for each additional injured victim. The enhanced
sentence provided for in this section shall not be imposed unless the
fact of the bodily injury to each additional victim is charged in
the accusatory pleading and admitted or found to be true by the trier
of fact. The maximum number of one year enhancements that may be
imposed pursuant to this section is three.
Notwithstanding any other provision of law, the court may strike
the enhancements provided in this section if it determines that there
are circumstances in mitigation of the additional punishment and
states on the record its reasons for striking the additional
punishment.
23560. If a person is convicted of a violation of Section 23153 and
the offense occurred within 10 years of a separate violation of
Section 23103, as specified in Section 23103.5, 23152, or 23153 that
resulted in a conviction, that person shall be punished by
imprisonment in the state prison, or in a county jail for not less
than 120 days nor more than one year, and by a fine of not less than
three hundred ninety dollars ($390) 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 (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.
23562. If the court grants probation to a person punished under
Section 23560, in addition to the provisions of Section 23600 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 120 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 30 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 18 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 11836 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 30 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 11836 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 11836
of the Health and Safety Code.
(d) This section shall become operative on September 20, 2005.
23566. (a) If a person is convicted of a violation of Section 23153
and the offense occurred within 10 years of two or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23152 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 10 years of two or more
separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 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 10 years of
four or more separate violations of Section 23103, as specified in
Section 23103.5, or Section 23152 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 23153 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 Section 13352, unless the drug or alcohol
program is licensed under Section 11836 of the Health and Safety
Code, or is a program specified in Section 8001 of the Penal Code.
23568. (a) If the court grants probation to a person punished under
Section 23566, in addition to the provisions of Section 23600 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 23600 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
11836 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
11836 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 30 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 23542 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 23600 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 11836
of the Health and Safety Code.
23554. If any person is convicted of a first violation of Section
23153, that person shall be punished by imprisonment in the state
prison, or in a county jail for not less than 90 days nor more than
one year, and by a fine of not less than three hundred ninety dollars
($390) nor more than one thousand dollars ($1,000). The person's
privilege to operate a motor vehicle shall be suspended by the
Department of Motor Vehicles pursuant to paragraph (2) 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.
23556. (a) (1) If the court grants probation to any person punished
under Section 23554, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as a condition of probation that the person be confined
in the county jail for at least five 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
suspended by the department under paragraph (2) 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) (1) In a county where the county alcohol program administrator
has certified, and the board of supervisors has approved, a program
or programs, the court shall also impose as a condition of probation
that the driver shall participate in, and successfully complete, an
alcohol and other drug education and counseling program, established
pursuant to Section 11837.3 of the Health and Safety Code, as
designated by the court.
(2) In any county where the board of supervisors has approved and
the State Department of Alcohol and Drug Programs has licensed an
alcohol and other drug education and counseling program, the court
shall also impose as a condition of probation that the driver enroll
in, participate in, and successfully complete, a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, in the driver's county of
residence or employment, as designated by the court. For the purposes
of this paragraph, enrollment in, participation in, and completion
of, an approved program shall be subsequent to the date of the
current violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
(3) The court shall refer a first offender whose blood-alcohol
concentration was less than 0.20 percent, by weight, to participate
for three months or longer, as ordered by the court, in a licensed
program that consists of at least 30 hours of program activities,
including those education, group counseling, and individual interview
sessions described in Chapter 9 (commencing with Section 11836) of
Part 2 of Division 10.5 of the Health and Safety Code.
(4) The court shall refer a first offender whose blood-alcohol
concentration was 0.20 percent or more, by weight, or who refused to
take a chemical test, to participate for nine months or longer, as
ordered by the court, in a licensed program that consists of at least
60 hours of program activities, including those education, group
counseling, and individual interview sessions described in Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code.
(c) (1) The court shall revoke the person's probation pursuant to
Section 23602, except for good cause shown, for the failure to enroll
in, participate in, or complete a program specified in subdivision
(b).
(2) The court, in establishing reporting requirements, shall
consult with the county alcohol program administrator. The county
alcohol program administrator shall coordinate the reporting
requirements with the department and with the Department of Alcohol
and Drug Programs. That reporting shall ensure that all persons who,
after being ordered to attend and complete a program, may be
identified for either (A) failure to enroll in, or failure to
successfully complete, the program, or (B) successful completion of
the program as ordered.
(d) 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 11836
of the Health and Safety Code.
(e) This section shall become operative on September 20, 2005.
23558. A person who proximately causes bodily injury or death to
more than one victim in any one instance of driving in violation of
Section 23153 of this code or in violation of Section 191.5 of, or
subdivision (a) of Section 192.5 of, the Penal Code, shall, upon a
felony conviction, and notwithstanding subdivision (g) of Section
1170.1 of the Penal Code, receive an enhancement of one year in the
state prison for each additional injured victim. The enhanced
sentence provided for in this section shall not be imposed unless the
fact of the bodily injury to each additional victim is charged in
the accusatory pleading and admitted or found to be true by the trier
of fact. The maximum number of one year enhancements that may be
imposed pursuant to this section is three.
Notwithstanding any other provision of law, the court may strike
the enhancements provided in this section if it determines that there
are circumstances in mitigation of the additional punishment and
states on the record its reasons for striking the additional
punishment.
23560. If a person is convicted of a violation of Section 23153 and
the offense occurred within 10 years of a separate violation of
Section 23103, as specified in Section 23103.5, 23152, or 23153 that
resulted in a conviction, that person shall be punished by
imprisonment in the state prison, or in a county jail for not less
than 120 days nor more than one year, and by a fine of not less than
three hundred ninety dollars ($390) 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 (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.
23562. If the court grants probation to a person punished under
Section 23560, in addition to the provisions of Section 23600 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 120 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 30 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 18 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 11836 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 30 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 11836 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 11836
of the Health and Safety Code.
(d) This section shall become operative on September 20, 2005.
23566. (a) If a person is convicted of a violation of Section 23153
and the offense occurred within 10 years of two or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23152 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 10 years of two or more
separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 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 10 years of
four or more separate violations of Section 23103, as specified in
Section 23103.5, or Section 23152 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 23153 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 Section 13352, unless the drug or alcohol
program is licensed under Section 11836 of the Health and Safety
Code, or is a program specified in Section 8001 of the Penal Code.
23568. (a) If the court grants probation to a person punished under
Section 23566, in addition to the provisions of Section 23600 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 23600 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
11836 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
11836 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 30 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 23542 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 23600 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 11836
of the Health and Safety Code.
