Code Section Group

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 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521]

  ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. )

ARTICLE 2. Penalties for a Violation of Section 23140 [23502- 23502.]
  ( Article 2 repealed and added by Stats. 2000, Ch. 1063, Sec. 4. )

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 any penalties, the court shall order the person to attend a program licensed under Section 11836 of the Health and Safety Code, subject to a fee schedule developed under paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code.

(b) The attendance in a licensed driving-under-the-influence program required under subdivision (a) shall be as follows:

(1) If, within 10 years of the current violation of Section 23140, the person has not been convicted of a separate violation of Section 23140, 23152, or 23153, or of Section 23103, with a plea of guilty under Section 23103.5, or of Section 655 of the Harbors and Navigation Code, or of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, the person shall complete, at a minimum, the education component of that licensed driving-under-the-influence program.

(2) If the person does not meet the requirements of paragraph (1), the person shall complete, at a minimum, the program described in paragraph (1) of subdivision (c) of Section 11837 of the Health and Safety Code.

(c) The person’s privilege to operate a motor vehicle shall be suspended by the department as required under Section 13352.6, and the court shall require the person to surrender his or her driver’s license to the court in accordance with Section 13550.

(d) The court shall advise the person at the time of sentencing that the driving privilege will not be restored until the person has provided the department with proof satisfactory to the department that the person has successfully completed the driving-under-the-influence program required under this section.

(Amended by Stats. 2007, Ch. 747, Sec. 32. Effective January 1, 2008.)

VEHVehicle Code - VEH2.