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   CALIFORNIA VEHICLE CODE    

   :: SECTION 23554-23568

 

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 not less than 90 days nor more than
one year, and by a fine of not less than three hundred ninety dollars
($390) nor more than one thousand dollars ($1,000).  The person's
privilege to operate a motor vehicle shall be suspended by the
Department of Motor Vehicles pursuant to paragraph (2) of subdivision
(a) of Section 13352.  The court shall require the person to
surrender the driver's license to the court in accordance with
Section 13550.


23556.  (a) 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 conditions imposed by the court, the court
shall impose as a condition of probation that the person be confined
in the county jail for at least five days but not more than one year
and pay a fine of at least three hundred ninety dollars ($390) but
not more than one thousand dollars ($1,000).  The person's privilege
to operate a motor vehicle shall be suspended by the Department of
Motor Vehicles pursuant to paragraph (2) of subdivision (a) of
Section 13352.  The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
   (b) (1) In any county where the county alcohol program
administrator has certified, and the board of supervisors has
approved, such a program or programs, the court shall also impose as
a condition of probation that the driver shall participate in, and
successfully complete, an alcohol and other drug education and
counseling program, established pursuant to Section 11837.3 of the
Health and Safety Code, as designated by the court.
   (2) In any county where the board of supervisors has approved and
the State Department of Alcohol and Drug Programs has licensed an
alcohol and other drug education and counseling program, the court
shall also impose as a condition of probation that the driver enroll
in, participate in, and successfully complete,
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, in the driver's county of
residence or employment, as designated by the court.
   (c) (1) The court shall revoke the person's probation pursuant to
Section 23602, except for good cause shown, for the failure to enroll
in, participate in, or complete a program specified in subdivision
(b).
   (2) The court, in establishing reporting requirements, shall
consult with the county alcohol program administrator.  The county
alcohol program administrator shall coordinate the reporting
requirements with the department and with the Department of Alcohol
and Drug Programs.  That reporting shall ensure that all persons who,
after being ordered to attend and complete a program, may be
identified for either (A) failure to enroll in, or failure to
successfully complete, the program, or (B) successful completion of
the program as ordered.
   (d) The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until the person has
provided proof satisfactory to the Department of Motor Vehicles of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code.



23558.  Any 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 violation of Section 191.5 of, or
paragraph (3) of subdivision (c) of Section 192 of, the Penal Code,
shall, upon a felony conviction, and notwithstanding subdivision (g)
of Section 1170.1 of the Penal Code, receive an enhancement of one
year in the state prison for each additional injured victim.  The
enhanced sentence provided for in this section shall not be imposed
unless the fact of the bodily injury to each additional victim is
charged in the accusatory pleading and admitted or found to be true
by the trier of fact.  The maximum number of one year enhancements
which may be imposed pursuant to this section is three.
   Notwithstanding any other provision of law, the court may strike
the enhancements provided in this section if it determines that there
are circumstances in mitigation of the additional punishment and
states on the record its reasons for striking the additional
punishment.



23560.  If any person is convicted of a violation of Section 23153
and the offense occurred within seven years of a separate violation
of Section 23103, as specified in Section 23103.5, 23152, or 23153
which resulted in a conviction, that person shall be punished by
imprisonment in the state prison, or in a county jail for not less
than 120 days nor more than one year, and by a fine of not less than
three hundred ninety dollars ($390) nor more than five thousand
dollars ($5,000). The person's privilege to operate a motor vehicle
shall be revoked by the Department of Motor Vehicles pursuant to
paragraph (4) of subdivision (a) of Section 13352.  The court shall
require the person to surrender the driver's license to the court in
accordance with Section 13550.



23562.  If the court grants probation to any person punished under
Section 23560, in addition to the provisions of Section 23600 and any
other terms and conditions imposed by the court, the court shall
impose as conditions of probation that the person be subject to
either subdivision (a) or (b), as follows:
   (a) Be confined in the county jail for at least 120 days and pay a
fine of at least three hundred ninety dollars ($390), but not more
than five thousand dollars ($5,000).  The person's privilege to
operate a motor vehicle shall be revoked by the Department of Motor
Vehicles pursuant to paragraph (4) of subdivision (a) of Section
13352.  The court shall require the person to surrender the driver's
license to the court in accordance with Section 13550.
   (b) All of the following:
   (1) Be confined in the county jail for at least 30 days, but not
more than one year.
   (2) Pay a fine of at least three hundred ninety dollars ($390),
but not more than one thousand dollars ($1,000).
   (3) The privilege to operate a motor vehicle shall be revoked by
the Department of Motor Vehicles under paragraph (4) of subdivision
(a) of Section 13352.  The court shall require the person to
surrender the driver's license to the court in accordance with
Section 13550.
   (4) Either of the following:
   (A) Enroll and participate, for at least 18 months subsequent to
the date of the underlying violation and in a manner satisfactory to
the court, in a driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code, if available in the
county of the person's residence or employment, as designated by the
court.  The person shall complete the entire program subsequent to,
and shall not be given any credit for program activities completed
prior to, the date of the current violation.  The program shall
provide for persons who cannot afford the program fee pursuant to
paragraph (2) of subdivision (b) of Section 11837.4 of the Health and
Safety Code in order to enable those persons to participate.
   (B) Enroll and participate, for at least 30 months subsequent to
the date of the underlying violation and in a manner satisfactory to
the court, in a driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code, if available in the
county of the person's residence or employment.  The person shall
complete the entire program subsequent to, and shall not be given any
credit for program activities completed prior to, the date of the
current violation.
   (c) The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until the person has
provided proof satisfactory to the Department of Motor Vehicles of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code.




23566.  (a) If any person is convicted of a violation of Section
23153 and the offense occurred within seven years of two or more
separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 or 23153, or any combination of these
violations, which resulted in convictions, that person shall be
punished by imprisonment in the state prison for a term of two,
three, or four years and by a fine of not less than one thousand
fifteen dollars ($1,015) nor more than five thousand dollars
($5,000).  The person's privilege to operate a motor vehicle shall be
revoked by the Department of Motor Vehicles pursuant to paragraph
(6) of subdivision (a) of Section 13352.  The court shall require the
person to surrender the driver's license to the court in accordance
with Section 13550.
   (b) If any person is convicted of a violation of Section 23153,
and the act or neglect proximately causes great bodily injury, as
defined in Section 12022.7 of the Penal Code, to any person other
than the driver, and the offense occurred within seven years of two
or more separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 or 23153, or any combination of these
violations, which resulted in convictions, that person shall be
punished by imprisonment in the state prison for a term of two,
three, or four years and by a fine of not less than one thousand
fifteen dollars ($1,015) nor more than five thousand dollars
($5,000).  The person's privilege to operate a motor vehicle shall be
revoked by the Department of Motor Vehicles pursuant to paragraph
(6) of subdivision (a) of Section 13352.  The court shall require the
person to surrender the driver's license to the court in accordance
with Section 13550.
   (c) If any person is convicted under subdivision (b), and the
offense for which the person is convicted occurred within seven years
of four or more separate violations of Section 23103, as specified
in Section 23103.5, or Section 23152 or 23153, or any combination of
these violations, that resulted in convictions, that person shall, in
addition and consecutive to the sentences imposed under subdivision
(b), be punished by an additional term of imprisonment in the state
prison for three years.
   The enhancement allegation provided in this subdivision shall be
pleaded and proved as provided by law.
   (d) Any person convicted of Section 23153 punishable under this
section shall be designated as a habitual traffic offender for a
period of three years, subsequent to the conviction.  The person
shall be advised of this designation pursuant to subdivision (b) of
Section 13350.
   (e) Any person confined in state prison under this section shall
be ordered by the court to participate in an alcohol or drug program,
or both, that is available at the prison during the person's
confinement.  Completion of an alcohol or drug program under this
section does not meet the program completion requirement of paragraph
(6) of subdivision (a) of Section 13352, unless the drug or alcohol
program is licensed under Section 11836 of the Health and Safety
Code, or is a program specified in Section 8001 of the Penal Code.



23568.  (a) If the court grants probation to any person punished
under Section 23566, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as conditions of probation that the person be confined
in the county jail for at least one year, that the person pay a fine
of at least three hundred ninety dollars ($390) but not more than
five thousand dollars ($5,000), and that the person make restitution
or reparation pursuant to Section 1203.1 of the Penal Code.  The
person's privilege to operate a motor vehicle shall be revoked by the
Department of Motor Vehicles pursuant to paragraph (6) of
subdivision (a) of Section 13352.  The court shall require the person
to surrender the driver's license to the court in accordance with
Section 13550.
   (b) In addition to Section 23600 and subdivision (a), if the court
grants probation to any person punished under Section 23566, the
court shall impose as a condition of probation that the person enroll
in and complete, subsequent to the date of the underlying violation
and in a manner satisfactory to the court, an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as designated by the court.  The
person shall complete the entire program subsequent to, and shall
not be given any credit for program activities completed prior to,
the date of the current violation.  In lieu of the minimum term of
imprisonment in subdivision (a), the court shall impose as a minimum
condition of probation under this subdivision that the person be
confined in the county jail for at least 30 days but not more than
one year.  Except as provided in this subdivision, if the court
grants probation under this section, the court shall order the
treatment prescribed by this subdivision, whether or not the person
has previously completed a treatment program pursuant to paragraph
(4) of subdivision (b) of Section 23542 or paragraph (4) of
subdivision (b) of Section 23562.  A person ordered to treatment
pursuant to this subdivision shall apply to the court or to a board
of review, as designated by the court, at the conclusion of the
program to obtain the court's order of satisfaction.  Only upon the
granting of that order of satisfaction by the court may the program
issue its certificate of successful completion and report the
completion to the Department of Motor Vehicles.  A failure to obtain
an order of satisfaction at the conclusion of the program is a
violation of probation.  In order to enable all required persons to
participate, each person shall pay the program costs commensurate
with the person's ability to pay as determined pursuant to Section
11837.4 of the Health and Safety Code.  No condition of probation
required pursuant to this subdivision is a basis for reducing any
other probation requirement in this section or Section 23600 or for
avoiding the mandatory license revocation provisions of paragraph (6)
of subdivision (a) of Section 13352.






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