CHAPTER 4. Procedures [23610. - 23675.]
Chapter 4 added by Stats. 1998, Ch. 118, Sec. 84.
§§ 23610–23675 · 22 sections
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…
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…
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…
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…
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…
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.
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…
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…
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…
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…
ARTICLE 11. Operative Date § 23675 · 1 section
- § 23675 This division shall become operative on July 1, 1999.