California Laws: Vehicle Code Section 23568
Section 23568
(a) If the court grants probation to a 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 under 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 a 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. 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.
(c) 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.
(d) This section shall become operative on September 20, 2005.
Section: 23568
