California Laws: Vehicle Code Section 23552
Section 23552
(a) (1) If the court grants probation to a person punished
under Section 23550, 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 a county jail for at least 180 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).
(2) The person's privilege to operate a motor vehicle shall be
revoked by the department under paragraph (7) 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 subdivision (a), if the court grants probation
to any person punished under Section 23550, the court may order as a
condition of probation that the person participate, for at least 30
months subsequent to the underlying conviction 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. In
lieu of the minimum term of imprisonment in subdivision (a), the
court shall impose as a 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. The court shall not order the treatment
prescribed by this subdivision unless the person makes a specific
request and shows good cause for the order, 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. 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 (7) of subdivision (a) of Section 13352.
(c) In addition to the provisions of Section 23600 and subdivision
(a), if the court grants probation to any person punished under
Section 23550 who has not previously completed a treatment program
pursuant to paragraph (4) of subdivision (b) of Section 23542 or
paragraph (4) of subdivision (b) of Section 23562, and unless the
person is ordered to participate in, and complete, a program under
subdivision (b), the court shall impose as a condition of probation
that the person, subsequent to the date of the current violation,
enroll in and participate, for at least 18 months 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 program
activities completed prior to, the date of the current violation. A
person who has previously completed a 12-month or 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code shall not be eligible for
referral pursuant to this subdivision unless a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code is not available for referral in
the county of the person's residence or employment. A condition of
probation required pursuant to this subdivision is not a basis for
reducing any other probation requirement in this section or Section
23600 or for avoiding the mandatory license revocation provisions of
paragraph (7) of subdivision (a) of Section 13352.
(d) The court shall advise the person at the time of sentencing
that the driving privilege may not be restored until the person
provides proof satisfactory to the department of successful
completion of a driving-under-the-influence program of the length
required under this code that is licensed pursuant to Section 11836
of the Health and Safety Code.
(e) This section shall become operative on September 20, 2005.
Section: 23552
