23572. (a) If any person is convicted of a violation of Section
23152 and a minor under 14 years of age was a passenger in the
vehicle at the time of the offense, the court shall impose the
following penalties in addition to any other penalty prescribed:
(1) If the person is convicted of a violation of Section 23152
punishable under Section 23536, the punishment shall be enhanced by
an imprisonment of 48 continuous hours in the county jail, whether or
not probation is granted, no part of which shall be stayed.
(2) If a person is convicted of a violation of Section 23152
punishable under Section 23540, the punishment shall be enhanced by
an imprisonment of 10 days in the county jail, whether or not
probation is granted, no part of which may be stayed.
(3) If a person is convicted of a violation of Section 23152
punishable under Section 23546, the punishment shall be enhanced by
an imprisonment of 30 days in the county jail, whether or not
probation is granted, no part of which may be stayed.
(4) If a person is convicted of a violation of Section 23152 which
is punished as a misdemeanor under Section 23550, the punishment
shall be enhanced by an imprisonment of 90 days in the county jail,
whether or not probation is granted, no part of which may be stayed.
(b) The driving of a vehicle in which a minor under 14 years of
age was a passenger shall be pled and proven.
(c) No punishment enhancement shall be imposed pursuant to this
section if the person is also convicted of a violation of Section
273a of the Penal Code arising out of the same facts and incident.
23573. (a) The Department of Motor Vehicles, upon receipt of the
court's abstract of conviction for a violation listed in subdivision
(j), shall inform the convicted person of the requirements of this
section and the term for which the person is required to have a
certified ignition interlock device installed. The records of the
department shall reflect the mandatory use of the device for the term
required and the time when the device is required to be installed
pursuant to this code.
(b) The department shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
(c) A person who is notified by the department pursuant to
subdivision (a) shall, within 30 days of notification, complete all
of the following:
(1) Arrange for each vehicle owned or operated by the person to be
fitted with an ignition interlock device by a certified ignition
interlock device provider under Section 13386.
(2) Notify the department and provide to the department proof of
installation by submitting the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(3) Pay to the department a fee sufficient to cover the costs of
administration of this section, including startup costs, as
determined by the department.
(d) The department shall place a restriction on the driver's
license record of the convicted person that states the driver is
restricted to driving only vehicles equipped with a certified
ignition interlock device.
(e) (1) A person who is notified by the department pursuant to
subdivision (a) shall arrange for each vehicle with an ignition
interlock device to be serviced by the installer at least once every
60 days in order for the installer to recalibrate and monitor the
operation of the device.
(2) The installer shall notify the department if the device is
removed or indicates that the person has attempted to remove, bypass,
or tamper with the device, or if the person fails three or more
times to comply with any requirement for the maintenance or
calibration of the ignition interlock device.
(f) The department shall monitor the installation and maintenance
of the ignition interlock device installed pursuant to subdivision
(a).
(g) (1) A person who is notified by the department, pursuant to
subdivision (a), is exempt from the requirements of subdivision (c)
if all of the following circumstances occur:
(A) Within 30 days of the notification, the person certifies to
the department all of the following:
(i) The person does not own a vehicle.
(ii) The person does not have access to a vehicle at his or her
residence.
(iii) The person no longer has access to the vehicle being driven
by the person when he or she was arrested for a violation that
subsequently resulted in a conviction for a violation listed in
subdivision (j).
(iv) The person acknowledges that he or she is only allowed to
drive a vehicle that is fitted with an operating ignition interlock
device and that he or she is required to have a valid driver's
license before he or she can drive.
(v) The person is subject to the requirements of this section when
he or she purchases or has access to a vehicle.
(B) The person's driver's license record has been restricted
pursuant to subdivision (d).
(C) The person complies with this section immediately upon
commencing ownership or operation of a vehicle subject to the
required installation of an ignition interlock device.
(2) A person who has been granted an exemption pursuant to this
subdivision and who subsequently drives a vehicle in violation of the
exemption is subject to the penalties of subdivision (i) in addition
to any other applicable penalties in law.
(h) This section does not permit a person to drive without a valid
driver's license.
(i) A person who is required under subdivision (c) to install an
ignition interlock device who willfully fails to install the ignition
interlock device within the time period required under subdivision
(c) is guilty of a misdemeanor and shall be punished by imprisonment
in the county jail for not more than six months or by a fine of not
more than five thousand dollars ($5,000), or by both that fine and
imprisonment.
(j) In addition to all other requirements of this code, a person
convicted of any of the following violations shall be punished as
follows:
(1) Upon a conviction of a violation of Section 14601.2, 14601.4,
or 14601.5 subsequent to one prior conviction of a violation of
Section 23103.5, 23152, or 23153, within a 10-year period, the person
shall immediately install a certified ignition interlock device,
pursuant to this section, in all vehicles owned or operated by that
person for a term of one year.
(2) Upon a conviction of a violation of Section 14601.2, 14601.4,
or 14601.5 subsequent to two prior convictions of a violation of
Section 23103.5, 23152, or 23153, within a 10-year period, or one
prior conviction of Section 14601.2, 14601.4, or 14601.5, within a
10-year period, the person shall immediately install a certified
ignition interlock device, pursuant to this section, in all vehicles
owned or operated by that person for a term of two years.
(3) Upon a conviction of a violation of Section 14601.2, 14601.4,
or 14601.5 subsequent to three or more prior convictions of a
violation of Section 23103.5, 23152, or 23153, within a 10-year
period, or two or more prior convictions of Section 14601.2, 14601.4,
or 14601.5, within a 10-year period, the person shall immediately
install a certified ignition interlock device, pursuant to this
section, in all vehicles owned or operated by that person for a term
of three years.
(k) The department shall notify the court if a person subject to
this section has failed to show proof of installation within 30 days
of the department informing the person he or she is required to
install a certified ignition interlock device.
(l) Subdivisions (j), (k), (m), (n), and (o) of Section 23575
apply to this section.
(m) The requirements of this section are in addition to any other
requirements of law.
(n) This section shall become operative on July 1, 2009.
23572. (a) If any person is convicted of a violation of Section
23152 and a minor under 14 years of age was a passenger in the
vehicle at the time of the offense, the court shall impose the
following penalties in addition to any other penalty prescribed:
(1) If the person is convicted of a violation of Section 23152
punishable under Section 23536, the punishment shall be enhanced by
an imprisonment of 48 continuous hours in the county jail, whether or
not probation is granted, no part of which shall be stayed.
(2) If a person is convicted of a violation of Section 23152
punishable under Section 23540, the punishment shall be enhanced by
an imprisonment of 10 days in the county jail, whether or not
probation is granted, no part of which may be stayed.
(3) If a person is convicted of a violation of Section 23152
punishable under Section 23546, the punishment shall be enhanced by
an imprisonment of 30 days in the county jail, whether or not
probation is granted, no part of which may be stayed.
(4) If a person is convicted of a violation of Section 23152 which
is punished as a misdemeanor under Section 23550, the punishment
shall be enhanced by an imprisonment of 90 days in the county jail,
whether or not probation is granted, no part of which may be stayed.
(b) The driving of a vehicle in which a minor under 14 years of
age was a passenger shall be pled and proven.
(c) No punishment enhancement shall be imposed pursuant to this
section if the person is also convicted of a violation of Section
273a of the Penal Code arising out of the same facts and incident.
23573. (a) The Department of Motor Vehicles, upon receipt of the
court's abstract of conviction for a violation listed in subdivision
(j), shall inform the convicted person of the requirements of this
section and the term for which the person is required to have a
certified ignition interlock device installed. The records of the
department shall reflect the mandatory use of the device for the term
required and the time when the device is required to be installed
pursuant to this code.
(b) The department shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
(c) A person who is notified by the department pursuant to
subdivision (a) shall, within 30 days of notification, complete all
of the following:
(1) Arrange for each vehicle owned or operated by the person to be
fitted with an ignition interlock device by a certified ignition
interlock device provider under Section 13386.
(2) Notify the department and provide to the department proof of
installation by submitting the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(3) Pay to the department a fee sufficient to cover the costs of
administration of this section, including startup costs, as
determined by the department.
(d) The department shall place a restriction on the driver's
license record of the convicted person that states the driver is
restricted to driving only vehicles equipped with a certified
ignition interlock device.
(e) (1) A person who is notified by the department pursuant to
subdivision (a) shall arrange for each vehicle with an ignition
interlock device to be serviced by the installer at least once every
60 days in order for the installer to recalibrate and monitor the
operation of the device.
(2) The installer shall notify the department if the device is
removed or indicates that the person has attempted to remove, bypass,
or tamper with the device, or if the person fails three or more
times to comply with any requirement for the maintenance or
calibration of the ignition interlock device.
(f) The department shall monitor the installation and maintenance
of the ignition interlock device installed pursuant to subdivision
(a).
(g) (1) A person who is notified by the department, pursuant to
subdivision (a), is exempt from the requirements of subdivision (c)
if all of the following circumstances occur:
(A) Within 30 days of the notification, the person certifies to
the department all of the following:
(i) The person does not own a vehicle.
(ii) The person does not have access to a vehicle at his or her
residence.
(iii) The person no longer has access to the vehicle being driven
by the person when he or she was arrested for a violation that
subsequently resulted in a conviction for a violation listed in
subdivision (j).
(iv) The person acknowledges that he or she is only allowed to
drive a vehicle that is fitted with an operating ignition interlock
device and that he or she is required to have a valid driver's
license before he or she can drive.
(v) The person is subject to the requirements of this section when
he or she purchases or has access to a vehicle.
(B) The person's driver's license record has been restricted
pursuant to subdivision (d).
(C) The person complies with this section immediately upon
commencing ownership or operation of a vehicle subject to the
required installation of an ignition interlock device.
(2) A person who has been granted an exemption pursuant to this
subdivision and who subsequently drives a vehicle in violation of the
exemption is subject to the penalties of subdivision (i) in addition
to any other applicable penalties in law.
(h) This section does not permit a person to drive without a valid
driver's license.
(i) A person who is required under subdivision (c) to install an
ignition interlock device who willfully fails to install the ignition
interlock device within the time period required under subdivision
(c) is guilty of a misdemeanor and shall be punished by imprisonment
in the county jail for not more than six months or by a fine of not
more than five thousand dollars ($5,000), or by both that fine and
imprisonment.
(j) In addition to all other requirements of this code, a person
convicted of any of the following violations shall be punished as
follows:
(1) Upon a conviction of a violation of Section 14601.2, 14601.4,
or 14601.5 subsequent to one prior conviction of a violation of
Section 23103.5, 23152, or 23153, within a 10-year period, the person
shall immediately install a certified ignition interlock device,
pursuant to this section, in all vehicles owned or operated by that
person for a term of one year.
(2) Upon a conviction of a violation of Section 14601.2, 14601.4,
or 14601.5 subsequent to two prior convictions of a violation of
Section 23103.5, 23152, or 23153, within a 10-year period, or one
prior conviction of Section 14601.2, 14601.4, or 14601.5, within a
10-year period, the person shall immediately install a certified
ignition interlock device, pursuant to this section, in all vehicles
owned or operated by that person for a term of two years.
(3) Upon a conviction of a violation of Section 14601.2, 14601.4,
or 14601.5 subsequent to three or more prior convictions of a
violation of Section 23103.5, 23152, or 23153, within a 10-year
period, or two or more prior convictions of Section 14601.2, 14601.4,
or 14601.5, within a 10-year period, the person shall immediately
install a certified ignition interlock device, pursuant to this
section, in all vehicles owned or operated by that person for a term
of three years.
(k) The department shall notify the court if a person subject to
this section has failed to show proof of installation within 30 days
of the department informing the person he or she is required to
install a certified ignition interlock device.
(l) Subdivisions (j), (k), (m), (n), and (o) of Section 23575
apply to this section.
(m) The requirements of this section are in addition to any other
requirements of law.
(n) This section shall become operative on July 1, 2009.
23572. (a) If any person is convicted of a violation of Section
23152 and a minor under 14 years of age was a passenger in the
vehicle at the time of the offense, the court shall impose the
following penalties in addition to any other penalty prescribed:
(1) If the person is convicted of a violation of Section 23152
punishable under Section 23536, the punishment shall be enhanced by
an imprisonment of 48 continuous hours in the county jail, whether or
not probation is granted, no part of which shall be stayed.
(2) If a person is convicted of a violation of Section 23152
punishable under Section 23540, the punishment shall be enhanced by
an imprisonment of 10 days in the county jail, whether or not
probation is granted, no part of which may be stayed.
(3) If a person is convicted of a violation of Section 23152
punishable under Section 23546, the punishment shall be enhanced by
an imprisonment of 30 days in the county jail, whether or not
probation is granted, no part of which may be stayed.
(4) If a person is convicted of a violation of Section 23152 which
is punished as a misdemeanor under Section 23550, the punishment
shall be enhanced by an imprisonment of 90 days in the county jail,
whether or not probation is granted, no part of which may be stayed.
(b) The driving of a vehicle in which a minor under 14 years of
age was a passenger shall be pled and proven.
(c) No punishment enhancement shall be imposed pursuant to this
section if the person is also convicted of a violation of Section
273a of the Penal Code arising out of the same facts and incident.
23573. (a) The Department of Motor Vehicles, upon receipt of the
court's abstract of conviction for a violation listed in subdivision
(j), shall inform the convicted person of the requirements of this
section and the term for which the person is required to have a
certified ignition interlock device installed. The records of the
department shall reflect the mandatory use of the device for the term
required and the time when the device is required to be installed
pursuant to this code.
(b) The department shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
(c) A person who is notified by the department pursuant to
subdivision (a) shall, within 30 days of notification, complete all
of the following:
(1) Arrange for each vehicle owned or operated by the person to be
fitted with an ignition interlock device by a certified ignition
interlock device provider under Section 13386.
(2) Notify the department and provide to the department proof of
installation by submitting the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(3) Pay to the department a fee sufficient to cover the costs of
administration of this section, including startup costs, as
determined by the department.
(d) The department shall place a restriction on the driver's
license record of the convicted person that states the driver is
restricted to driving only vehicles equipped with a certified
ignition interlock device.
(e) (1) A person who is notified by the department pursuant to
subdivision (a) shall arrange for each vehicle with an ignition
interlock device to be serviced by the installer at least once every
60 days in order for the installer to recalibrate and monitor the
operation of the device.
(2) The installer shall notify the department if the device is
removed or indicates that the person has attempted to remove, bypass,
or tamper with the device, or if the person fails three or more
times to comply with any requirement for the maintenance or
calibration of the ignition interlock device.
(f) The department shall monitor the installation and maintenance
of the ignition interlock device installed pursuant to subdivision
(a).
(g) (1) A person who is notified by the department, pursuant to
subdivision (a), is exempt from the requirements of subdivision (c)
if all of the following circumstances occur:
(A) Within 30 days of the notification, the person certifies to
the department all of the following:
(i) The person does not own a vehicle.
(ii) The person does not have access to a vehicle at his or her
residence.
(iii) The person no longer has access to the vehicle being driven
by the person when he or she was arrested for a violation that
subsequently resulted in a conviction for a violation listed in
subdivision (j).
(iv) The person acknowledges that he or she is only allowed to
drive a vehicle that is fitted with an operating ignition interlock
device and that he or she is required to have a valid driver's
license before he or she can drive.
(v) The person is subject to the requirements of this section when
he or she purchases or has access to a vehicle.
(B) The person's driver's license record has been restricted
pursuant to subdivision (d).
(C) The person complies with this section immediately upon
commencing ownership or operation of a vehicle subject to the
required installation of an ignition interlock device.
(2) A person who has been granted an exemption pursuant to this
subdivision and who subsequently drives a vehicle in violation of the
exemption is subject to the penalties of subdivision (i) in addition
to any other applicable penalties in law.
(h) This section does not permit a person to drive without a valid
driver's license.
(i) A person who is required under subdivision (c) to install an
ignition interlock device who willfully fails to install the ignition
interlock device within the time period required under subdivision
(c) is guilty of a misdemeanor and shall be punished by imprisonment
in the county jail for not more than six months or by a fine of not
more than five thousand dollars ($5,000), or by both that fine and
imprisonment.
(j) In addition to all other requirements of this code, a person
convicted of any of the following violations shall be punished as
follows:
(1) Upon a conviction of a violation of Section 14601.2, 14601.4,
or 14601.5 subsequent to one prior conviction of a violation of
Section 23103.5, 23152, or 23153, within a 10-year period, the person
shall immediately install a certified ignition interlock device,
pursuant to this section, in all vehicles owned or operated by that
person for a term of one year.
(2) Upon a conviction of a violation of Section 14601.2, 14601.4,
or 14601.5 subsequent to two prior convictions of a violation of
Section 23103.5, 23152, or 23153, within a 10-year period, or one
prior conviction of Section 14601.2, 14601.4, or 14601.5, within a
10-year period, the person shall immediately install a certified
ignition interlock device, pursuant to this section, in all vehicles
owned or operated by that person for a term of two years.
(3) Upon a conviction of a violation of Section 14601.2, 14601.4,
or 14601.5 subsequent to three or more prior convictions of a
violation of Section 23103.5, 23152, or 23153, within a 10-year
period, or two or more prior convictions of Section 14601.2, 14601.4,
or 14601.5, within a 10-year period, the person shall immediately
install a certified ignition interlock device, pursuant to this
section, in all vehicles owned or operated by that person for a term
of three years.
(k) The department shall notify the court if a person subject to
this section has failed to show proof of installation within 30 days
of the department informing the person he or she is required to
install a certified ignition interlock device.
(l) Subdivisions (j), (k), (m), (n), and (o) of Section 23575
apply to this section.
(m) The requirements of this section are in addition to any other
requirements of law.
(n) This section shall become operative on July 1, 2009.
