23575. (a) (1) In addition to any other provisions of law, the
court may require that a person convicted of a first offense
violation of Section 23152 or 23153 install a certified ignition
interlock device on any vehicle that the person owns or operates and
prohibit that person from operating a motor vehicle unless that
vehicle is equipped with a functioning, certified ignition interlock
device. The court shall give heightened consideration to applying
this sanction to a first offense violator with 0.15 percent or more,
by weight, of alcohol in his or her blood at arrest, or with two or
more prior moving traffic violations, or to persons who refused the
chemical tests at arrest. If the court orders the ignition interlock
device restriction, the term shall be determined by the court for a
period not to exceed three years from the date of conviction. The
court shall notify the Department of Motor Vehicles, as specified in
subdivision (a) of Section 1803, of the terms of the restrictions in
accordance with subdivision (a) of Section 1804. The Department of
Motor Vehicles shall place the restriction in the person's records in
the Department of Motor Vehicles.
(2) The court shall require a person convicted of a violation of
Section 14601.2 to install an ignition interlock device on any
vehicle that the person owns or operates and prohibit the person from
operating a motor vehicle unless the vehicle is equipped with a
functioning, certified ignition interlock device. The term of the
restriction shall be determined by the court for a period not to
exceed three years from the date of conviction. The court shall
notify the Department of Motor Vehicles, as specified in subdivision
(a) of Section 1803, of the terms of the restrictions in accordance
with subdivision (a) of Section 1804. The Department of Motor
Vehicles shall place the restriction in the person's records in the
Department of Motor Vehicles.
(b) The court shall include on the abstract of conviction or
violation submitted to the Department of Motor Vehicles under Section
1803 or 1816, the requirement and term for the use of a certified
ignition interlock device. The records of the department shall
reflect mandatory use of the device for the term ordered by the
court.
(c) The court 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.
(d) A person whose driving privilege is restricted by the court
pursuant to this section 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. The installer shall notify the
court 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 a requirement for the
maintenance or calibration of the ignition interlock device. There
is no obligation for the installer to notify the court if the person
has complied with all of the requirements of this article.
(e) The court shall monitor the installation and maintenance of an
ignition interlock device restriction ordered pursuant to
subdivision (a) or (l). If a person fails to comply with the court
order, the court shall give notice of the fact to the department
pursuant to Section 40509.1.
(f) (1) Pursuant to Section 13352, if a person is convicted of a
violation of Section 23152 or 23153, and the offense occurred within
10 years of one or more separate violations of Section 23152 or 23153
that resulted in a conviction, the person may apply to the
Department of Motor Vehicles for a restricted driver's license
pursuant to Section 13352 that prohibits the person from operating a
motor vehicle unless that vehicle is equipped with a functioning
ignition interlock device, certified pursuant to Section 13386. The
restriction shall remain in effect for at least the remaining period
of the original suspension or revocation and until all reinstatement
requirements in Section 13352 are met.
(2) Pursuant to subdivision (g), the Department of Motor Vehicles
shall immediately terminate the restriction issued pursuant to
Section 13352 and shall immediately suspend or revoke the privilege
to operate a motor vehicle of a person who attempts to remove,
bypass, or tamper with the device, who has the device removed prior
to the termination date of the restriction, or who fails three or
more times to comply with any requirement for the maintenance or
calibration of the ignition interlock device ordered pursuant to
Section 13352. The privilege shall remain suspended or revoked for
the remaining period of the originating suspension or revocation and
until all reinstatement requirements in Section 13352 are met.
(g) A person whose driving privilege is restricted by the
Department of Motor Vehicles pursuant to Section 13352 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 the device and monitor the operation of the device.
The installer shall notify the Department of Motor Vehicles 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. There is
no obligation on the part of the installer to notify the department
or the court if the person has complied with all of the requirements
of this section.
(h) Nothing in this section permits a person to drive without a
valid driver's license.
(i) The Department of Motor Vehicles shall include information
along with the order of suspension or revocation for repeat offenders
informing them that after a specified period of suspension or
revocation has been completed, the person may either install an
ignition interlock device on any vehicle that the person owns or
operates or remain with a suspended or revoked driver's license.
(j) Pursuant to this section, an out-of-state resident who
otherwise would qualify for an ignition interlock device restricted
license in California shall be prohibited from operating a motor
vehicle in California unless that vehicle is equipped with a
functioning ignition interlock device. An ignition interlock device
is not required to be installed on any vehicle owned by the defendant
that is not driven in California.
(k) If a person has a medical problem that does not permit the
person to breathe with sufficient strength to activate the device,
then that person shall only have the suspension option.
(l) This section does not restrict a court from requiring
installation of an ignition interlock device and prohibiting
operation of a motor vehicle unless that vehicle is equipped with a
functioning, certified ignition interlock device for a person to whom
subdivision (a) or (b) does not apply. The term of the restriction
shall be determined by the court for a period not to exceed three
years from the date of conviction. The court shall notify the
Department of Motor Vehicles, as specified in subdivision (a) of
Section 1803, of the terms of the restrictions in accordance with
subdivision (a) of Section 1804. The Department of Motor Vehicles
shall place the restriction in the person's records in the Department
of Motor Vehicles.
(m) For the purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. Any person subject to an
ignition interlock device restriction shall not operate a motorcycle
for the duration of the ignition interlock device restriction period.
(n) For the purposes of this section, "owned" means solely owned
or owned in conjunction with another person or legal entity. For
purposes of this section, "operates" includes operating a vehicle
that is not owned by the person subject to this section.
(o) For the purposes of this section, "bypass" includes, but is
not limited to, either of the following:
(1) A combination of failing or not taking the ignition interlock
device rolling retest three consecutive times.
(2) An incidence of failing or not taking the ignition interlock
device rolling retest, when not followed by an incidence of passing
the ignition interlock rolling retest prior to turning off the
vehicle's engine.
23575.1. The department may undertake a study and report its
findings of that study to the Legislature on or before January 1,
2013, regarding the overall effectiveness of the use of ignition
interlock devices (IID) to reduce the recidivism rate of first-time
violators of Section 23152 or 23153. If the department exercises this
authority, the study shall focus on those drivers who actually have
an IID installed in their vehicles rather than on those who are
subject to a judicial order to have an IID installed.
23576. (a) Notwithstanding Sections 23575 and 23700, if a person is
required to operate a motor vehicle in the course and scope of his
or her employment and if the vehicle is owned by the employer, the
person may operate that vehicle without installation of an approved
ignition interlock device if the employer has been notified by the
person that the person's driving privilege has been restricted
pursuant to Sections 23575 and 23700 and if the person has proof of
that notification in his or her possession, or if the notice, or a
facsimile copy thereof, is with the vehicle.
(b) A motor vehicle owned by a business entity that is all or
partly owned or controlled by a person otherwise subject to Sections
23575 and 23700, is not a motor vehicle owned by the employer subject
to the exemption in subdivision (a).
23577. (a) If any person is convicted of a violation of Section
23152 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 chemical test or
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 48
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 96 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 10 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 23550 or 23550.5, the
punishment shall be enhanced by imprisonment of 18 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 chemical test
required pursuant to Section 23612 shall be pled and proven.
23578. In addition to any other provision of this code, if a person
is convicted of a violation of Section 23152 or 23153, the court
shall consider a concentration of alcohol in the person's blood of
0.15 percent or more, by weight, or the refusal of the person to take
a chemical test, as a special factor that may justify enhancing the
penalties in sentencing, in determining whether to grant probation,
and, if probation is granted, in determining additional or enhanced
terms and conditions of probation.
23580. (a) If any person is convicted of a violation of Section
23152 or 23153 and the offense was a second or subsequent offense
punishable under Section 23540, 23546, 23550, 23550.5, 23560, or
23566, the court shall require that any term of imprisonment that is
imposed include at least one period of not less than 48 consecutive
hours of imprisonment or, in the alternative and notwithstanding
Section 4024.2 of the Penal Code, that the person serve not less than
10 days of community service.
(b) Notwithstanding any other provision of law, except Section
2900.5 of the Penal Code, unless the court expressly finds in the
circumstances that the punishment inflicted would be cruel or unusual
punishment prohibited by Section 17 of Article I of the California
Constitution, no court or person to whom a person is remanded for
execution of sentence shall release, or permit the release of, a
person from the requirements of subdivision (a), including, but not
limited to, any work-release program, weekend service of sentence
program, diversion or treatment program, or otherwise.
(c) For the purposes of this section, "imprisonment" means
confinement in a jail, in a minimum security facility, or in an
inpatient rehabilitation facility, as provided in Part 1309
(commencing with Section 1309.1) of Title 23 of the Code of Federal
Regulations.
23582. (a) Any person who drives a vehicle 30 or more miles per
hour over the maximum, prima facie, or posted speed limit on a
freeway, or 20 or more miles per hour over the maximum, prima facie,
or posted speed limit on any other street or highway, and in a manner
prohibited by Section 23103 during the commission of a violation of
Section 23152 or 23153 shall, in addition to the punishment
prescribed for that person upon conviction of a violation of Section
23152 or 23153, be punished by an additional and consecutive term of
60 days in the county jail.
(b) If the court grants probation or suspends the execution of
sentence, it shall require as a condition of probation or suspension
that the defendant serve 60 days in the county jail, in addition and
consecutive to any other sentence prescribed by this chapter.
(c) On a first conviction under this section, the court shall
order the driver to participate in, and successfully complete, an
alcohol or drug education and counseling program, or both an alcohol
and a drug education and counseling program. Except in unusual cases
where the interests of justice would be served, a finding making this
section applicable to a defendant shall not be stricken pursuant to
Section 1385 of the Penal Code or any other provision of law. If the
court decides not to impose the additional and consecutive term, it
shall specify on the court record the reasons for that order.
(d) The additional term provided in this section shall not be
imposed unless the facts of driving in a manner prohibited by Section
23103 and driving the vehicle 30 or more miles per hour over the
maximum, prima facie, or posted speed limit on a freeway, or 20 or
more miles per hour over the maximum, prima facie, or posted speed
limit on any other street or highway, are charged in the accusatory
pleading and admitted or found to be true by the trier of fact. A
finding of driving in that manner shall be based on facts in addition
to the fact that the defendant was driving while under the influence
of alcohol, any drug, or both, or with a specified percentage of
alcohol in the blood.
23575. (a) (1) In addition to any other provisions of law, the
court may require that a person convicted of a first offense
violation of Section 23152 or 23153 install a certified ignition
interlock device on any vehicle that the person owns or operates and
prohibit that person from operating a motor vehicle unless that
vehicle is equipped with a functioning, certified ignition interlock
device. The court shall give heightened consideration to applying
this sanction to a first offense violator with 0.15 percent or more,
by weight, of alcohol in his or her blood at arrest, or with two or
more prior moving traffic violations, or to persons who refused the
chemical tests at arrest. If the court orders the ignition interlock
device restriction, the term shall be determined by the court for a
period not to exceed three years from the date of conviction. The
court shall notify the Department of Motor Vehicles, as specified in
subdivision (a) of Section 1803, of the terms of the restrictions in
accordance with subdivision (a) of Section 1804. The Department of
Motor Vehicles shall place the restriction in the person's records in
the Department of Motor Vehicles.
(2) The court shall require a person convicted of a violation of
Section 14601.2 to install an ignition interlock device on any
vehicle that the person owns or operates and prohibit the person from
operating a motor vehicle unless the vehicle is equipped with a
functioning, certified ignition interlock device. The term of the
restriction shall be determined by the court for a period not to
exceed three years from the date of conviction. The court shall
notify the Department of Motor Vehicles, as specified in subdivision
(a) of Section 1803, of the terms of the restrictions in accordance
with subdivision (a) of Section 1804. The Department of Motor
Vehicles shall place the restriction in the person's records in the
Department of Motor Vehicles.
(b) The court shall include on the abstract of conviction or
violation submitted to the Department of Motor Vehicles under Section
1803 or 1816, the requirement and term for the use of a certified
ignition interlock device. The records of the department shall
reflect mandatory use of the device for the term ordered by the
court.
(c) The court 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.
(d) A person whose driving privilege is restricted by the court
pursuant to this section 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. The installer shall notify the
court 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 a requirement for the
maintenance or calibration of the ignition interlock device. There
is no obligation for the installer to notify the court if the person
has complied with all of the requirements of this article.
(e) The court shall monitor the installation and maintenance of an
ignition interlock device restriction ordered pursuant to
subdivision (a) or (l). If a person fails to comply with the court
order, the court shall give notice of the fact to the department
pursuant to Section 40509.1.
(f) (1) Pursuant to Section 13352, if a person is convicted of a
violation of Section 23152 or 23153, and the offense occurred within
10 years of one or more separate violations of Section 23152 or 23153
that resulted in a conviction, the person may apply to the
Department of Motor Vehicles for a restricted driver's license
pursuant to Section 13352 that prohibits the person from operating a
motor vehicle unless that vehicle is equipped with a functioning
ignition interlock device, certified pursuant to Section 13386. The
restriction shall remain in effect for at least the remaining period
of the original suspension or revocation and until all reinstatement
requirements in Section 13352 are met.
(2) Pursuant to subdivision (g), the Department of Motor Vehicles
shall immediately terminate the restriction issued pursuant to
Section 13352 and shall immediately suspend or revoke the privilege
to operate a motor vehicle of a person who attempts to remove,
bypass, or tamper with the device, who has the device removed prior
to the termination date of the restriction, or who fails three or
more times to comply with any requirement for the maintenance or
calibration of the ignition interlock device ordered pursuant to
Section 13352. The privilege shall remain suspended or revoked for
the remaining period of the originating suspension or revocation and
until all reinstatement requirements in Section 13352 are met.
(g) A person whose driving privilege is restricted by the
Department of Motor Vehicles pursuant to Section 13352 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 the device and monitor the operation of the device.
The installer shall notify the Department of Motor Vehicles 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. There is
no obligation on the part of the installer to notify the department
or the court if the person has complied with all of the requirements
of this section.
(h) Nothing in this section permits a person to drive without a
valid driver's license.
(i) The Department of Motor Vehicles shall include information
along with the order of suspension or revocation for repeat offenders
informing them that after a specified period of suspension or
revocation has been completed, the person may either install an
ignition interlock device on any vehicle that the person owns or
operates or remain with a suspended or revoked driver's license.
(j) Pursuant to this section, an out-of-state resident who
otherwise would qualify for an ignition interlock device restricted
license in California shall be prohibited from operating a motor
vehicle in California unless that vehicle is equipped with a
functioning ignition interlock device. An ignition interlock device
is not required to be installed on any vehicle owned by the defendant
that is not driven in California.
(k) If a person has a medical problem that does not permit the
person to breathe with sufficient strength to activate the device,
then that person shall only have the suspension option.
(l) This section does not restrict a court from requiring
installation of an ignition interlock device and prohibiting
operation of a motor vehicle unless that vehicle is equipped with a
functioning, certified ignition interlock device for a person to whom
subdivision (a) or (b) does not apply. The term of the restriction
shall be determined by the court for a period not to exceed three
years from the date of conviction. The court shall notify the
Department of Motor Vehicles, as specified in subdivision (a) of
Section 1803, of the terms of the restrictions in accordance with
subdivision (a) of Section 1804. The Department of Motor Vehicles
shall place the restriction in the person's records in the Department
of Motor Vehicles.
(m) For the purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. Any person subject to an
ignition interlock device restriction shall not operate a motorcycle
for the duration of the ignition interlock device restriction period.
(n) For the purposes of this section, "owned" means solely owned
or owned in conjunction with another person or legal entity. For
purposes of this section, "operates" includes operating a vehicle
that is not owned by the person subject to this section.
(o) For the purposes of this section, "bypass" includes, but is
not limited to, either of the following:
(1) A combination of failing or not taking the ignition interlock
device rolling retest three consecutive times.
(2) An incidence of failing or not taking the ignition interlock
device rolling retest, when not followed by an incidence of passing
the ignition interlock rolling retest prior to turning off the
vehicle's engine.
23575.1. The department may undertake a study and report its
findings of that study to the Legislature on or before January 1,
2013, regarding the overall effectiveness of the use of ignition
interlock devices (IID) to reduce the recidivism rate of first-time
violators of Section 23152 or 23153. If the department exercises this
authority, the study shall focus on those drivers who actually have
an IID installed in their vehicles rather than on those who are
subject to a judicial order to have an IID installed.
23576. (a) Notwithstanding Sections 23575 and 23700, if a person is
required to operate a motor vehicle in the course and scope of his
or her employment and if the vehicle is owned by the employer, the
person may operate that vehicle without installation of an approved
ignition interlock device if the employer has been notified by the
person that the person's driving privilege has been restricted
pursuant to Sections 23575 and 23700 and if the person has proof of
that notification in his or her possession, or if the notice, or a
facsimile copy thereof, is with the vehicle.
(b) A motor vehicle owned by a business entity that is all or
partly owned or controlled by a person otherwise subject to Sections
23575 and 23700, is not a motor vehicle owned by the employer subject
to the exemption in subdivision (a).
23577. (a) If any person is convicted of a violation of Section
23152 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 chemical test or
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 48
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 96 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 10 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 23550 or 23550.5, the
punishment shall be enhanced by imprisonment of 18 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 chemical test
required pursuant to Section 23612 shall be pled and proven.
23578. In addition to any other provision of this code, if a person
is convicted of a violation of Section 23152 or 23153, the court
shall consider a concentration of alcohol in the person's blood of
0.15 percent or more, by weight, or the refusal of the person to take
a chemical test, as a special factor that may justify enhancing the
penalties in sentencing, in determining whether to grant probation,
and, if probation is granted, in determining additional or enhanced
terms and conditions of probation.
23580. (a) If any person is convicted of a violation of Section
23152 or 23153 and the offense was a second or subsequent offense
punishable under Section 23540, 23546, 23550, 23550.5, 23560, or
23566, the court shall require that any term of imprisonment that is
imposed include at least one period of not less than 48 consecutive
hours of imprisonment or, in the alternative and notwithstanding
Section 4024.2 of the Penal Code, that the person serve not less than
10 days of community service.
(b) Notwithstanding any other provision of law, except Section
2900.5 of the Penal Code, unless the court expressly finds in the
circumstances that the punishment inflicted would be cruel or unusual
punishment prohibited by Section 17 of Article I of the California
Constitution, no court or person to whom a person is remanded for
execution of sentence shall release, or permit the release of, a
person from the requirements of subdivision (a), including, but not
limited to, any work-release program, weekend service of sentence
program, diversion or treatment program, or otherwise.
(c) For the purposes of this section, "imprisonment" means
confinement in a jail, in a minimum security facility, or in an
inpatient rehabilitation facility, as provided in Part 1309
(commencing with Section 1309.1) of Title 23 of the Code of Federal
Regulations.
23582. (a) Any person who drives a vehicle 30 or more miles per
hour over the maximum, prima facie, or posted speed limit on a
freeway, or 20 or more miles per hour over the maximum, prima facie,
or posted speed limit on any other street or highway, and in a manner
prohibited by Section 23103 during the commission of a violation of
Section 23152 or 23153 shall, in addition to the punishment
prescribed for that person upon conviction of a violation of Section
23152 or 23153, be punished by an additional and consecutive term of
60 days in the county jail.
(b) If the court grants probation or suspends the execution of
sentence, it shall require as a condition of probation or suspension
that the defendant serve 60 days in the county jail, in addition and
consecutive to any other sentence prescribed by this chapter.
(c) On a first conviction under this section, the court shall
order the driver to participate in, and successfully complete, an
alcohol or drug education and counseling program, or both an alcohol
and a drug education and counseling program. Except in unusual cases
where the interests of justice would be served, a finding making this
section applicable to a defendant shall not be stricken pursuant to
Section 1385 of the Penal Code or any other provision of law. If the
court decides not to impose the additional and consecutive term, it
shall specify on the court record the reasons for that order.
(d) The additional term provided in this section shall not be
imposed unless the facts of driving in a manner prohibited by Section
23103 and driving the vehicle 30 or more miles per hour over the
maximum, prima facie, or posted speed limit on a freeway, or 20 or
more miles per hour over the maximum, prima facie, or posted speed
limit on any other street or highway, are charged in the accusatory
pleading and admitted or found to be true by the trier of fact. A
finding of driving in that manner shall be based on facts in addition
to the fact that the defendant was driving while under the influence
of alcohol, any drug, or both, or with a specified percentage of
alcohol in the blood.
23575. (a) (1) In addition to any other provisions of law, the
court may require that a person convicted of a first offense
violation of Section 23152 or 23153 install a certified ignition
interlock device on any vehicle that the person owns or operates and
prohibit that person from operating a motor vehicle unless that
vehicle is equipped with a functioning, certified ignition interlock
device. The court shall give heightened consideration to applying
this sanction to a first offense violator with 0.15 percent or more,
by weight, of alcohol in his or her blood at arrest, or with two or
more prior moving traffic violations, or to persons who refused the
chemical tests at arrest. If the court orders the ignition interlock
device restriction, the term shall be determined by the court for a
period not to exceed three years from the date of conviction. The
court shall notify the Department of Motor Vehicles, as specified in
subdivision (a) of Section 1803, of the terms of the restrictions in
accordance with subdivision (a) of Section 1804. The Department of
Motor Vehicles shall place the restriction in the person's records in
the Department of Motor Vehicles.
(2) The court shall require a person convicted of a violation of
Section 14601.2 to install an ignition interlock device on any
vehicle that the person owns or operates and prohibit the person from
operating a motor vehicle unless the vehicle is equipped with a
functioning, certified ignition interlock device. The term of the
restriction shall be determined by the court for a period not to
exceed three years from the date of conviction. The court shall
notify the Department of Motor Vehicles, as specified in subdivision
(a) of Section 1803, of the terms of the restrictions in accordance
with subdivision (a) of Section 1804. The Department of Motor
Vehicles shall place the restriction in the person's records in the
Department of Motor Vehicles.
(b) The court shall include on the abstract of conviction or
violation submitted to the Department of Motor Vehicles under Section
1803 or 1816, the requirement and term for the use of a certified
ignition interlock device. The records of the department shall
reflect mandatory use of the device for the term ordered by the
court.
(c) The court 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.
(d) A person whose driving privilege is restricted by the court
pursuant to this section 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. The installer shall notify the
court 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 a requirement for the
maintenance or calibration of the ignition interlock device. There
is no obligation for the installer to notify the court if the person
has complied with all of the requirements of this article.
(e) The court shall monitor the installation and maintenance of an
ignition interlock device restriction ordered pursuant to
subdivision (a) or (l). If a person fails to comply with the court
order, the court shall give notice of the fact to the department
pursuant to Section 40509.1.
(f) (1) Pursuant to Section 13352, if a person is convicted of a
violation of Section 23152 or 23153, and the offense occurred within
10 years of one or more separate violations of Section 23152 or 23153
that resulted in a conviction, the person may apply to the
Department of Motor Vehicles for a restricted driver's license
pursuant to Section 13352 that prohibits the person from operating a
motor vehicle unless that vehicle is equipped with a functioning
ignition interlock device, certified pursuant to Section 13386. The
restriction shall remain in effect for at least the remaining period
of the original suspension or revocation and until all reinstatement
requirements in Section 13352 are met.
(2) Pursuant to subdivision (g), the Department of Motor Vehicles
shall immediately terminate the restriction issued pursuant to
Section 13352 and shall immediately suspend or revoke the privilege
to operate a motor vehicle of a person who attempts to remove,
bypass, or tamper with the device, who has the device removed prior
to the termination date of the restriction, or who fails three or
more times to comply with any requirement for the maintenance or
calibration of the ignition interlock device ordered pursuant to
Section 13352. The privilege shall remain suspended or revoked for
the remaining period of the originating suspension or revocation and
until all reinstatement requirements in Section 13352 are met.
(g) A person whose driving privilege is restricted by the
Department of Motor Vehicles pursuant to Section 13352 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 the device and monitor the operation of the device.
The installer shall notify the Department of Motor Vehicles 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. There is
no obligation on the part of the installer to notify the department
or the court if the person has complied with all of the requirements
of this section.
(h) Nothing in this section permits a person to drive without a
valid driver's license.
(i) The Department of Motor Vehicles shall include information
along with the order of suspension or revocation for repeat offenders
informing them that after a specified period of suspension or
revocation has been completed, the person may either install an
ignition interlock device on any vehicle that the person owns or
operates or remain with a suspended or revoked driver's license.
(j) Pursuant to this section, an out-of-state resident who
otherwise would qualify for an ignition interlock device restricted
license in California shall be prohibited from operating a motor
vehicle in California unless that vehicle is equipped with a
functioning ignition interlock device. An ignition interlock device
is not required to be installed on any vehicle owned by the defendant
that is not driven in California.
(k) If a person has a medical problem that does not permit the
person to breathe with sufficient strength to activate the device,
then that person shall only have the suspension option.
(l) This section does not restrict a court from requiring
installation of an ignition interlock device and prohibiting
operation of a motor vehicle unless that vehicle is equipped with a
functioning, certified ignition interlock device for a person to whom
subdivision (a) or (b) does not apply. The term of the restriction
shall be determined by the court for a period not to exceed three
years from the date of conviction. The court shall notify the
Department of Motor Vehicles, as specified in subdivision (a) of
Section 1803, of the terms of the restrictions in accordance with
subdivision (a) of Section 1804. The Department of Motor Vehicles
shall place the restriction in the person's records in the Department
of Motor Vehicles.
(m) For the purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. Any person subject to an
ignition interlock device restriction shall not operate a motorcycle
for the duration of the ignition interlock device restriction period.
(n) For the purposes of this section, "owned" means solely owned
or owned in conjunction with another person or legal entity. For
purposes of this section, "operates" includes operating a vehicle
that is not owned by the person subject to this section.
(o) For the purposes of this section, "bypass" includes, but is
not limited to, either of the following:
(1) A combination of failing or not taking the ignition interlock
device rolling retest three consecutive times.
(2) An incidence of failing or not taking the ignition interlock
device rolling retest, when not followed by an incidence of passing
the ignition interlock rolling retest prior to turning off the
vehicle's engine.
23575.1. The department may undertake a study and report its
findings of that study to the Legislature on or before January 1,
2013, regarding the overall effectiveness of the use of ignition
interlock devices (IID) to reduce the recidivism rate of first-time
violators of Section 23152 or 23153. If the department exercises this
authority, the study shall focus on those drivers who actually have
an IID installed in their vehicles rather than on those who are
subject to a judicial order to have an IID installed.
23576. (a) Notwithstanding Sections 23575 and 23700, if a person is
required to operate a motor vehicle in the course and scope of his
or her employment and if the vehicle is owned by the employer, the
person may operate that vehicle without installation of an approved
ignition interlock device if the employer has been notified by the
person that the person's driving privilege has been restricted
pursuant to Sections 23575 and 23700 and if the person has proof of
that notification in his or her possession, or if the notice, or a
facsimile copy thereof, is with the vehicle.
(b) A motor vehicle owned by a business entity that is all or
partly owned or controlled by a person otherwise subject to Sections
23575 and 23700, is not a motor vehicle owned by the employer subject
to the exemption in subdivision (a).
23577. (a) If any person is convicted of a violation of Section
23152 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 chemical test or
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 48
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 96 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 10 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 23550 or 23550.5, the
punishment shall be enhanced by imprisonment of 18 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 chemical test
required pursuant to Section 23612 shall be pled and proven.
23578. In addition to any other provision of this code, if a person
is convicted of a violation of Section 23152 or 23153, the court
shall consider a concentration of alcohol in the person's blood of
0.15 percent or more, by weight, or the refusal of the person to take
a chemical test, as a special factor that may justify enhancing the
penalties in sentencing, in determining whether to grant probation,
and, if probation is granted, in determining additional or enhanced
terms and conditions of probation.
23580. (a) If any person is convicted of a violation of Section
23152 or 23153 and the offense was a second or subsequent offense
punishable under Section 23540, 23546, 23550, 23550.5, 23560, or
23566, the court shall require that any term of imprisonment that is
imposed include at least one period of not less than 48 consecutive
hours of imprisonment or, in the alternative and notwithstanding
Section 4024.2 of the Penal Code, that the person serve not less than
10 days of community service.
(b) Notwithstanding any other provision of law, except Section
2900.5 of the Penal Code, unless the court expressly finds in the
circumstances that the punishment inflicted would be cruel or unusual
punishment prohibited by Section 17 of Article I of the California
Constitution, no court or person to whom a person is remanded for
execution of sentence shall release, or permit the release of, a
person from the requirements of subdivision (a), including, but not
limited to, any work-release program, weekend service of sentence
program, diversion or treatment program, or otherwise.
(c) For the purposes of this section, "imprisonment" means
confinement in a jail, in a minimum security facility, or in an
inpatient rehabilitation facility, as provided in Part 1309
(commencing with Section 1309.1) of Title 23 of the Code of Federal
Regulations.
23582. (a) Any person who drives a vehicle 30 or more miles per
hour over the maximum, prima facie, or posted speed limit on a
freeway, or 20 or more miles per hour over the maximum, prima facie,
or posted speed limit on any other street or highway, and in a manner
prohibited by Section 23103 during the commission of a violation of
Section 23152 or 23153 shall, in addition to the punishment
prescribed for that person upon conviction of a violation of Section
23152 or 23153, be punished by an additional and consecutive term of
60 days in the county jail.
(b) If the court grants probation or suspends the execution of
sentence, it shall require as a condition of probation or suspension
that the defendant serve 60 days in the county jail, in addition and
consecutive to any other sentence prescribed by this chapter.
(c) On a first conviction under this section, the court shall
order the driver to participate in, and successfully complete, an
alcohol or drug education and counseling program, or both an alcohol
and a drug education and counseling program. Except in unusual cases
where the interests of justice would be served, a finding making this
section applicable to a defendant shall not be stricken pursuant to
Section 1385 of the Penal Code or any other provision of law. If the
court decides not to impose the additional and consecutive term, it
shall specify on the court record the reasons for that order.
(d) The additional term provided in this section shall not be
imposed unless the facts of driving in a manner prohibited by Section
23103 and driving the vehicle 30 or more miles per hour over the
maximum, prima facie, or posted speed limit on a freeway, or 20 or
more miles per hour over the maximum, prima facie, or posted speed
limit on any other street or highway, are charged in the accusatory
pleading and admitted or found to be true by the trier of fact. A
finding of driving in that manner shall be based on facts in addition
to the fact that the defendant was driving while under the influence
of alcohol, any drug, or both, or with a specified percentage of
alcohol in the blood.
