BlackletterCalifornia law

DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500. - 23675.]

Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84.

§§ 23500–23675 · 71 sections

  1. CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age §§ 23500–23521 · 12 sections
    1. ARTICLE 1. General Provisions § 23500 · 1 section
      • § 23500 This chapter applies to the imposition of penalties and sanctions by the courts on persons who were less than 21 years of age at the time of the commission of…
    2. ARTICLE 2. Penalties for a Violation of Section 23140 § 23502 · 1 section
      • § 23502 (a) Notwithstanding any other provision of law, if a person who is at least 18 years of age is convicted of a first violation of Section 23140, in addition to…
    3. ARTICLE 3. Youthful Drunk Driver Visitation Program §§ 23509–23518.5 · 8 sections
      • § 23509 This article shall be known and may be cited as the “Youthful Drunk Driver Visitation Program Act.”
      • § 23510 The Legislature finds and declares all of the following: (a) Young drivers often do not realize the consequences of drinking alcohol or ingesting any other…
      • § 23512 For the purposes of this article, “program” means the Youthful Drunk Driver Visitation Program prescribed in this article.
      • § 23514 (a) If a person is found to be in violation of Section 23140, is convicted of, or is adjudged a ward of the juvenile court for, a violation of Section 21200.5,…
      • § 23516 The court shall investigate and consult with the defendant or ward, defendant’s or ward’s counsel, if any, and any proposed supervisor of a visitation under…
      • § 23517 (a) To the extent that personnel and facilities are made available to the court, the court may include a requirement for supervised visitation by the defendant…
      • § 23518 (a) The program may include a personal conference after the visitations described in Section 23517 between the sentencing judge or judicial officer or the…
      • § 23518.5 The county, a court, any facility visited pursuant to the program, the agents, employees, or independent contractors of the court, county, or facility visited…
    4. ARTICLE 4. Penalties for a Violation of Section 23152 or 23153 §§ 23520–23521 · 2 sections
      • § 23520 (a) Whenever, in any county specified in subdivision (b), a judge of a juvenile court, a juvenile hearing officer, or referee of a juvenile court finds that a…
      • § 23521 (a) Any finding of a juvenile court judge, juvenile hearing officer, or referee of a juvenile court of a commission of an offense in any state, territory,…
  2. CHAPTER 2. Court Penalties §§ 23530–23598 · 34 sections
    1. ARTICLE 1. General Provisions § 23530 · 1 section
      • § 23530 This chapter applies to the imposition of penalties, sanctions, and probation upon persons convicted of violating driving while under the influence offenses…
    2. ARTICLE 2. Penalties for a Violation of Section 23152 §§ 23536–23552 · 9 sections
      • § 23536 (a) If a person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for not less than 96…
      • § 23538 (a) (1) If the court grants probation to person punished under Section 23536, in addition to the provisions of Section 23600 and any other terms and conditions…
      • § 23540 (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in…
      • § 23542 (a) (1) If the court grants probation to a person punished under Section 23540, in addition to the provisions of Section 23600 and any other terms and…
      • § 23546 (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified…
      • § 23548 (a) (1) If the court grants probation to any person punished under Section 23546, in addition to the provisions of Section 23600 and any other terms and…
      • § 23550 (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of three or more separate violations of Section 23103, as…
      • § 23550.5 (a) A person is guilty of a public offense, punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a…
      • § 23552 (a) (1) If the court grants probation to a person punished under Section 23550, in addition to the provisions of Section 23600 and any other terms and…
    3. ARTICLE 3. Penalties for a Violation of Section 23153 §§ 23554–23568 · 7 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
    4. ARTICLE 4. Additional Punishments § 23572 · 1 section
      • § 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…
    5. ARTICLE 5. Additional Penalties and Sanctions §§ 23573–23582 · 10 sections
      • § 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…
      • § 23575 (a) The court shall require a person convicted of a violation of Section 14601.2 to install a functioning, certified ignition interlock device on any vehicle…
      • § 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…
      • § 23575.3 (a) In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that the person is…
      • § 23575.5 (a) On or before March 1, 2024, the Department of Motor Vehicles shall report data to the Transportation Agency regarding the implementation and efficacy of…
      • § 23576 (a) Notwithstanding Sections 13352, 13352.1, 13353.6, 13353.75, 23573, 23575, 23575.3, and 23700, if a person is required to operate a motor vehicle in the…
      • § 23577 (a) If a 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…
      • § 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…
      • § 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,…
      • § 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…
    6. ARTICLE 6. Additional Court-Imposed Orders and Directions §§ 23592–23597 · 5 sections
      • § 23592 (a) (1) Whenever a person is convicted of any of the following offenses committed while driving a motor vehicle of which he or she is the owner, the court, at…
      • § 23593 (a) The court shall advise a person convicted of a violation of Section 23103, as specified in Section 23103.5, or a violation of Section 23152 or 23153, as…
      • § 23594 (a) Except as provided in subdivision (b), the interest of any registered owner of a motor vehicle that has been used in the commission of a violation of…
      • § 23596 (a) (1) Upon its own motion or upon motion of the prosecutor in a criminal action for a violation of any of the following offenses, the court with jurisdiction…
      • § 23597 (a) Notwithstanding Sections 13202.5, 13203, and 13352, a court may order a 10-year revocation of the driver’s license of a person who has been convicted of…
    7. ARTICLE 7. Alternative to Alcohol or Drug Education Program § 23598 · 1 section
      • § 23598 In lieu of the alcohol or drug education program prescribed by Section 23538, 23542, 23548, 23552, 23556, 23562, or 23568, a court may impose, as a condition…
  3. CHAPTER 3. Probation §§ 23600–23602 · 3 sections
    • § 23600 (a) If any person is convicted of a violation of Section 23152 or 23153, the court shall not stay or suspend pronouncement of sentencing, and shall pronounce…
    • § 23601 (a) Except as provided in subdivision (c), an order to pay any fine, restitution, or assessment, imposed as a condition of the grant of probation or as part of…
    • § 23602 Except as otherwise expressly provided in this code, if a person has been convicted of a violation of Section 23152 or 23153 and the court has suspended…
  4. CHAPTER 4. Procedures §§ 23610–23675 · 22 sections
    1. ARTICLE 1. General Provisions §§ 23610–23614 · 3 sections
      • § 23610 (a) Upon the trial of any criminal action, or preliminary proceeding in a criminal action, arising out of acts alleged to have been committed by any person…
      • § 23612 (a) (1) (A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of…
      • § 23614 (a) In addition to the requirements of Section 23612, a person who chooses to submit to a breath test shall be advised before or after the test that the…
    2. ARTICLE 2. Prior and Separate Offenses §§ 23620–23626 · 4 sections
      • § 23620 (a) For the purposes of this division, Section 13352, and Chapter 12 (commencing with Section 23100) of Division 11, a separate offense that resulted in a…
      • § 23622 (a) In any case charging a violation of Section 23152 or 23153 and the offense occurred within 10 years of one or more separate violations of Section 23103, as…
      • § 23624 Only one challenge shall be permitted to the constitutionality of a separate conviction of a violation of Section 14601, 14601.2, 23152, or 23153, which was…
      • § 23626 A conviction of an offense in any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the…
    3. ARTICLE 3. Defenses § 23630 · 1 section
      • § 23630 The fact that any person charged with driving under the influence of any drug or the combined influence of alcoholic beverages and any drug in violation of…
    4. ARTICLE 4. Dismissal on the Record § 23635 · 1 section
      • § 23635 When an allegation of a violation of Section 23152 is dismissed by the court, an allegation of a different or lesser offense is substituted for an allegation…
    5. ARTICLE 5. Court Restrictions § 23640 · 1 section
      • § 23640 (a) In any case in which a person is charged with a violation of Section 23152 or 23153, prior to acquittal or conviction, the court shall neither suspend nor…
    6. ARTICLE 6. Alcohol Assessment §§ 23645–23650 · 6 sections
      • § 23645 (a) Except as otherwise provided in subdivision (c), any person convicted of a violation of Section 23152 or 23153 shall, in addition to any other fine,…
      • § 23646 (a) Each county alcohol program administrator or the administrator’s designee shall develop, implement, operate, and administer an alcohol and drug problem…
      • § 23647 (a) Any person convicted of a violation of Section 23152 or 23153 who is required to participate in a county alcohol and drug problem assessment program shall…
      • § 23648 (a) Each county shall prepare, or contract to be prepared, an alcohol and drug problem assessment report on each person described in subdivision (b) of Section…
      • § 23649 (a) Notwithstanding any other provision of law, in addition to any other fine or penalty assessment, there shall be levied an assessment of not more than one…
      • § 23650 The Office of Traffic Safety shall adopt rules and guidelines to implement Sections 23646 to 23649, inclusive.
    7. ARTICLE 7. Presentence Investigation § 23655 · 1 section
      • § 23655 (a) Upon any conviction of a violation of Section 23152 or 23153, any judge of the court may order a presentence investigation to determine whether a person…
    8. ARTICLE 8. Surrender and Notification of License Restriction §§ 23660–23662 · 2 sections
      • § 23660 (a) If a person’s privilege to operate a motor vehicle is required to be suspended or revoked by the department under other provisions of this code upon the…
      • § 23662 If a person is placed on probation, the court shall promptly notify the Department of Motor Vehicles of the probation and probationary term and conditions in a…
    9. ARTICLE 9. Delayed Suspensions and Revocations § 23665 · 1 section
      • § 23665 (a) If a person is convicted of a violation of Section 20001, or of Section 23152 or 23153 and is sentenced to one year in a county jail or more than one year…
    10. ARTICLE 10. Conflict of Interest § 23670 · 1 section
      • § 23670 A court shall not order or refer any person to any program, including an alcohol and other drug education program or a program licensed pursuant to Chapter 9…
    11. ARTICLE 11. Operative Date § 23675 · 1 section
      • § 23675 This division shall become operative on July 1, 1999.