California Laws: Vehicle Code Section 23542

California Laws > Vehicle Code > Sections 23536-23552

Section 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 conditions imposed by the court, the court
shall impose as conditions of probation that the person be confined
in county jail and fined under either of the following:
   (A) For at least 10 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).
   (B) For at least 96 hours, 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).  A sentence of 96 hours of
confinement shall be served in two increments consisting of a
continuous 48 hours each.  The two 48-hour increments may be served
nonconsecutively.
   (2) The person's privilege to operate a motor vehicle shall be
suspended by the department under paragraph (3) 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 the conditions specified in subdivision (a),
the court shall require the person to do either of the following:
   (1) 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, as designated by the
court.  The person shall complete the entire program subsequent to,
and shall not be given any credit for any 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.
   (2) 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.  The person shall
complete the entire program subsequent to, and shall not be given any
credit for any 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 proof
satisfactory to the Department of Motor Vehicles of successful
completion of a driving-under-the-influence program of the length
required under this code licensed pursuant to Section 11836 of the
Health and Safety Code has been received in the department's
headquarters.
   (d) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (3) of subdivision (a) of Section 13352, the court
may disallow the issuance of a restricted driver's license required
under Section 13352.5.
   (e) This section shall become operative on September 20, 2005.

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