Code Section

Vehicle Code - VEH

DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23702]

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

CHAPTER 2. Court Penalties [23530 - 23598]

  ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. )
  

ARTICLE 5. Additional Penalties and Sanctions [23575 - 23582]
  ( Article 5 added by Stats. 1998, Ch. 118, Sec. 84. )

  
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.

(Amended by Stats. 2005, Ch. 89, Sec. 1. Effective January 1, 2006.)