Drunk Driving Offenses
in Orange County
Mr. Grupenhagen handles DUI cases in Orange County. If
you have been stopped, cited, or arrested for DUI, you will have
to deal with both the court and the DMV.
 It is imperative that you contact me immediately so we can request
a hearing with the DMV. This must be done within ten days
of your arrest in order to protect your right to defend against
an automatic suspension of your license. Without a hearing,
you will almost certainly lose your right to drive. It
doesn’t matter what ultimately happens at the court, the
DMV procedure is totally separate from the court process. Each
has the ability to restrict or suspend your driving privilege. Don’t
ignore the serious consequences by waiting to see what happens
in court, you must act today, so we can start defending your DUI
in Orange County.
The charge of driving under the influence, or DUI, sometimes
called DWI, usually consists of two charges: VC 23152(a), and
VC 23152(b). The difference between them is that one applies
when driving is impaired by alcohol and/or drugs, and the other
applies when driving occurs when your blood alcohol content is
over .08. The similarity among them is that they both
carry a maximum of $1,000 fine and/or 1 year in jail for a first
offense. See the penalties outlined below for a more complete
statement of DUI penalties.
If you are convicted of either charge, it counts as two points
against your negligent operator count at the DMV. As of
2005, conviction for DUI is "priorable" for the next
ten years. If you are arrested again for a DUI within
that time, it will count as a second offense requiring mandatory
jail time and a license suspension for one year.
If you are caught driving while your license is suspended for
a DUI in Orange County, the mandatory minimum jail term is 10
days.
Mr. Grupenhagen has the knowledge and experience to defend your
DUI and DMV matters. Keeping up on trends in DUI defense
requires constant continued education and having prosecuted and
defended hundreds of DUI cases in Orange County, he can help
you fight your case.
How to Spot a Drunk Driver
Listed below are clues suggested by the National Highway
Traffic Safety Administration as ways to distinguish between
nighttime drunk and sober drivers.
- Turning with a wide radius.
- Straddling the center of the road or lane marker.
- Appearing to be drunk (we.e., eye fixation, face close
to windshield, drinking in the vehicle).
- Almost striking an object or other vehicle.
- Weaving or zigzagging across the road.
- Driving on other than a designated roadway.
- Swerving or abruptly turning away from a generally
straight course.
- Turning abruptly or illegally.
- Driving slower than 10 mph below speed limit.
- Stopping without cause in a traffic lane.
- Stopping inappropriately (other than in lane).
- Following others too closely.
- Drifting or moving in a straight-line at a slight angle
to the roadway.
- Erratic braking.
- Driving into opposing or crossing traffic.
- Signaling that is inconsistent with driving actions.
- Slow response to traffic signals (sudden stop, delayed
start).
- Driving with headlights off.
Provided by: MADD
Orange County, California Chapter website
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DUI Under 21 (Non-Injury) Minor DUI Statutes
California
Vehicle Code § 23136. Blood Alcohol Concentration of
.01 or greater; implied consent to testing; failure to submit
to or complete testing
• Notwithstanding Sections
23152 (Over
21 Non-Injury Adult DUI Statutes) and 23153
, it is unlawful for a person under the age of 21 years who
has a blood-alcohol concentration of 0.01 percent or greater,
as measured by a preliminary alcohol screening test or other chemical
test , to drive a vehicle.
However, this section shall not be a bar to prosecution under Section
23152 or 23153 or any other provision of law.
• A person shall be found to be in violation of subdivision
(a) if the person was, at the time of driving, under the age
of 21 years, and the trier of fact finds that the person had
consumed an alcoholic beverage and was driving a vehicle with
a blood-alcohol concentration of 0.01 percent or greater, as
measured by a preliminary alcohol screening test or other chemical
test.
• Any person under the age of 21 years who drives
a motor vehicle is deemed to have given his or her consent to
a preliminary alcohol screening test or other chemical test for
the purpose of determining the presence of alcohol in the person,
if lawfully detained for an alleged violation of subdivision
(a).
• The testing shall be incidental to a lawful detention
and administered at the direction of a peace officer having reasonable
cause to believe the person was driving a motor vehicle in violation
of subdivision (a).
• The person shall be told that his or her failure
to submit to, or the failure to complete, a preliminary alcohol
screening test or other chemical test as requested will
result in the suspension or revocation of the person's privilege
to operate a motor vehicle for a period of one year to three
years, as provided in Section 13353.1 .
California
Vehicle Code§ 23140. Persons under 21 years of age; blood
alcohol concentration of .05 or more
• It is unlawful for a person under the age of 21
years who has .05 percent or more, by weight, of alcohol in his
or her blood to drive a vehicle.
• A person may be found to be in violation of subdivision
(a) if the person was, at the time of driving, under the age
of 21 years and under the influence of, or affected by, an alcoholic
beverage regardless of whether a chemical test was made to determine
that person's blood alcohol concentration and if the
trier of fact finds that the person had consumed an alcoholic
beverage and was driving a vehicle while having a concentration
of .05 percent or more, by weight, of alcohol in his or her blood.
Over 21 (Non-Injury) Adult DUI Statutes
California
Vehicle Code§ 23152(a). Driving under the Influence
It is unlawful for any person who is under the influence of
any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a motor vehicle.
In order to gain a conviction under this DUI statute, a prosecutor
must prove all elements of this crime. Those elements
are located in the California Jury Instruction for Criminal cases
(CALJIC) section 16.830 and are as follows:
- A person drove a vehicle, and
- At the time, the driver was under the influence of
any alcoholic beverage or any drug or under the combined influence
of any alcoholic beverage and drug
Under the influence is further defined in CALJIC 16.831: A
person is under the influence of an alcoholic beverage
under the influence of a drug or under the combined influence
of an alcoholic beverage and a drug when as a result of drinking
such alcoholic beverage and using a drug his/her physical or
mental abilities are impaired to such a degree that he/she no
longer has the ability to drive a vehicle with the caution characteristic
of a sober person of ordinary prudence under the same or similar
circumstances. If it is established that person is driving a
motor vehicle under the influence of an alcoholic beverage under
the influence of a drug or under the combined influence of an
alcoholic beverage and a drug, it is no defense that there was
some other cause which also tended to impair his/her ability
to drive with the required caution.
In California, another jury instruction relating to under the
influence is the condition of the driver further defined and
located in CALJIC 16.832. The manner in which a vehicle is being
driven is not sufficient in itself to establish that the driver
of the vehicle either is or is not under the influence of an
alcoholic beverage under the influence of a drug or under the
combined influence of an alcoholic beverage and a drug. However,
the manner in which the vehicle is being driven is a factor to
be considered in light of all the proved surrounding circumstances
in deciding whether the person operating the vehicle was or was
not under the influence of an alcoholic beverage under the influence
of a drug or under the combined influence of an alcoholic beverage
and a drug.
California
Vehicle Code§ 23152(b). Driving with Prohibited Blood
Alcohol Concentration
It is unlawful for any person who has .08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
In order to gain a conviction under this DUI statute, a prosecutor
must prove all elements of this crime. Those elements are located
in the California Jury Instruction for Criminal cases (CALJIC)
section 16.830.1 and are as follows:
- A person drove a vehicle, and
- At the time, the driver had .08 percent or more, by weight,
of alcohol in his/her blood.
Wet Reckless or Reckless Driving Involving Alcohol (Priorable
as a California DUI)
California
Vehicle Code§ 23103.5
When the prosecution agrees to a plea of guilty or nolo contendere
to a charge of a violation of Section
23103 (Dry Reckless Non-priorable
as a California DUI) in
satisfaction of, or as a substitute for, an original charge of
a violation of Section 23152 (Ove
21 (Non-Injury) Adult DUI Statutes), the prosecution
shall state for the record a factual basis for the satisfaction
or substitution, including whether or not there had been consumption
of any alcoholic beverage or ingestion or administration of any
drug, or both, by the defendant in connection with the offense.
The statement shall set forth the facts that show whether or
not there was a consumption of any alcoholic beverage or the
ingestion or administration of any drug by the defendant in connection
with the offense.
• The court shall advise the defendant, prior to
the acceptance of the plea offered pursuant to a factual statement
pursuant to subdivision (a), of the consequences of a conviction
of a violation of Section 23103 as set forth in subdivision
(c).
• If the court accepts the defendant's plea of guilty
or nolo contendere to a charge of a violation of Section
23103 and the prosecutor's statement under subdivision
(a) states that there was consumption of any alcoholic beverage
or the ingestion or administration of any drugs by the defendant
in connection with the offense, the resulting conviction shall
be a prior offense for the purposes of Section 23540 (Second
DUI Offense), 23546 (Third
DUI Offense), 23550 (Fourth
or Subsequent DUI Conviction),
23560 , 23566 , or 23622 , as specified in those sections.
• The court shall notify the Department of Motor
Vehicles of each conviction of Section 23103 that is
required under this section to be a prior offense for purposes
of Section 23540, 23546, 23550, 23560, 23566, or 23622.
• If the court places the defendant on probation
for a conviction of Section 23103 that is required
under this section to be a prior offense for purposes of Section
23540, 23546, 23550, 23560, 23566, or 23622, the court shall
order the defendant to enroll in an alcohol and drug education
program licensed under Chapter 9 (commencing with Section 11836)
of Part 2 of Division 10.5 of the Health and Safety Code and
complete, at a minimum, the educational component of that program,
as a condition of probation. If compelling circumstances exist
that mitigate against including the education component in the
order, the court may make an affirmative finding to that effect.
The court shall state the compelling circumstances and the affirmative
finding on the record, and may, in these cases, exclude the educational
component from the order.
• The Department of Motor Vehicles shall
include in its annual report to the Legislature under Section
1821 an evaluation of the effectiveness of the program described
in subdivision (e) as to treating persons convicted of violating Section
23103
Dry Reckless (Non-priorable as a California DUI)
California
Vehicle Code§ 23103
• Any person who drives any vehicle upon a highway
in willful or wanton disregard for the safety of persons or property
is guilty of reckless driving.
• Any person who drives any vehicle in any off-street
parking facility, as defined in subdivision (c) of Section 12500
, in willful or wanton disregard for the safety of persons or
property is guilty of reckless driving.
• Persons convicted of the offense of reckless driving
shall be punished by imprisonment in a county jail for not less
than five days nor more than 90 days or by a fine of not less
than one hundred forty-five dollars ($145) nor more than one
thousand dollars ($1,000), or by both that fine and imprisonment,
except as provided in Section 23104 .
In order to gain a conviction under this Dry Reckless statute,
a prosecutor must prove all elements of this crime. Those instruction
and elements are located in the California Jury Instruction for
Criminal cases (CALJIC) section 16.840 and are as follows:
Every person who drives a vehicle upon a street or highway in
willful or wanton disregard for the safety of persons or property
is guilty of a violation of California Vehicle Code §23103
(a) , a misdemeanor. Willful or wanton disregard
means an intentional or conscious disregard for the safety of
persons or property.
In order to prove this crime, each of the following elements
must be proved:
- A person drove a vehicle upon a street or highway
- At the time, the driver did so with an intentional or conscious
disregard for the safety of persons or property.
Exhibition of Speed (Non-priorable as a California DUI)
California
Vehicle Code§ 23109.
• No person shall engage in any motor vehicle speed
contest on a highway. As used in this section, a motor vehicle
speed contest includes a motor vehicle race against another vehicle,
a clock, or other timing device. For purposes of this section,
an event in which the time to cover a prescribed route of more
than 20 miles is measured, but where the vehicle does not exceed
the speed limits, is not a speed contest.
• No person shall aid or abet in any motor vehicle
speed contest on any highway.
• No person shall engage in any motor vehicle exhibition
of speed on a highway, and no person shall aid or abet
in any motor vehicle exhibition of speed on any highway.
• No person shall for the purpose of facilitating
or aiding or as an incident to any motor vehicle speed contest
or exhibition upon a highway in any manner obstruct or place
any barricade or obstruction or assist or participate in placing
any barricade or obstruction upon any highway.
• Any person convicted of a violation of subdivision
(a) shall be punished by imprisonment in the county jail for
not less than 24 hours nor more than 90 days or by a fine of
not less than three hundred fifty-five dollars ($355) nor more
than one thousand dollars ($1,000) or both that fine and imprisonment.
The person's privilege to operate a motor vehicle shall be subject
to suspension as provided in subdivision (a) of Section 13352
. The person's privilege to operate a motor vehicle may be restricted
for 90 days to six months to necessary travel to and from that
person's place of employment and, if driving a motor vehicle
is necessary to perform the duties of the person's employment,
restricted to driving in that person's scope of employment. This
subdivision does not interfere with the court's power to grant
probation in a suitable case.
• Any person convicted of a violation of subdivision
(a) for an offense which occurred within five years of the date
of a prior offense which resulted in a conviction of a violation
of subdivision (a) shall be punished by imprisonment in the county
jail for not less than four days nor more than six months and
by a fine of not less than five hundred dollars ($500) nor more
than one thousand dollars ($1,000). Additionally, the Department
of Motor Vehicles shall either suspend the person's privilege
to operate a motor vehicle, as provided in subdivision (a) of
Section 13352, or the person's privilege to operate a motor vehicle
shall be restricted for six months to necessary travel to and
from that person's place of employment and, if driving a motor
vehicle is necessary to perform the duties of the person's employment,
restricted to driving in that person's scope of employment. This
subdivision does not interfere with the court's power to grant
probation in a suitable case.
• If the court grants probation to any person punishable
under subdivision (f), in addition to the provisions of subdivision
(f) and any other terms and conditions imposed by the court,
which may include a fine, the court shall impose as a condition
of probation that the person be confined in the county jail for
not less than 48 hours nor more than six months. The person's
privilege to operate a motor vehicle shall also be suspended
by the Department of Motor Vehicles pursuant to subdivision (a)
of Section 13352 or shall be restricted pursuant to subdivision
(f).
• If any person is convicted of a violation of subdivision
(a) and the vehicle used in the violation is registered to that
person, the vehicle may be impounded at the registered owner's
expense for not less than one day nor more than 30 days.
• Any person who violates subdivision (b), (c), or
(d) of this section shall upon conviction thereof be punished
by imprisonment in the county jail for not more than 90 days
or by fine of not more than five hundred dollars ($500) or by
both that fine and imprisonment.
• If a person's privilege to operate a motor vehicle
is restricted by a court pursuant to this section, the court
shall clearly mark the restriction and the dates of the restriction
on that person's driver's license and promptly notify the Department
of Motor Vehicles of the terms of the restriction in a manner
prescribed by the department. The Department of Motor Vehicles
shall place that restriction in the person's records in the Department
of Motor Vehicles and enter the restriction on any license subsequently
issued by the Department of Motor Vehicles to that person during
the period of the restriction.
• The court may order that any person convicted under
this section, who is to be punished by imprisonment in the county
jail, be imprisoned on days other than days of regular employment
of the person, as determined by the court. (l) This section shall
be known and may be cited as the Louis Friend Memorial Act.
In order to gain a conviction under this Exhibition of Speed statute,
a prosecutor must prove all elements of this crime. Those instruction
and elements are located in the California Jury Instruction for
Criminal cases (CALJIC) section 16.870 and are as follows:
Every person who engages in or aids and abets any motor vehicle exhibition
of speed on a street or highway is guilty of a violation
of California Vehicle Code §23109 (c), a misdemeanor.
An exhibition of speed is a willful act of showing
off or displaying a dangerous and imprudent speed where the
presence of another person is known to the driver or may reasonably
be anticipated by him.
In order to prove this crime, each of the following elements
must be proved:
- A person drove a motor vehicle upon a street or highway;
and
- The driver engaged in an exhibition of speed ; and
(if applicable)
- The defendant aided and abetted the motor vehicle exhibition
of speed .
First DUI Offense
California
Vehicle Code §23536
• If any person is convicted of a first violation
of Section
23152 , that person shall be punished by imprisonment in
the county jail for not less than 96 hours, at least 48 hours
of which shall be continuous, nor more than six months and by
a fine of not less than three hundred ninety dollars ($390),
nor more than one thousand dollars ($1,000).
• The court shall order that any person punished
under subdivision (a), who is to be punished by imprisonment
in the county jail, be imprisoned on days other than days of
regular employment of the person, as determined by the court.
If the court determines that 48 hours of continuous imprisonment
would interfere with the person' s work schedule, the court shall
allow the person to serve the imprisonment whenever the person
is normally scheduled for time off from work. The court may make
this determination based upon a representation from the defendant's
attorney or upon an affidavit or testimony from the defendant.
• Except as provided in paragraph (2) of subdivision
(a) of Section 23538 , the person's privilege to operate a motor
vehicle shall be suspended by the Department of Motor Vehicles
pursuant to paragraph (1) 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 .
California
Vehicle Code §23538
Conditions of Probation for First Time Offense
Except as provided in subdivision (d), if the court grants probation
to any person punished under Section 23536, 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 subject to one of the following:
- Be confined in the county jail for at least 48 hours but
not more than six months, and pay a fine of at least three
hundred ninety dollars ($390), but not more than one thousand
dollars ($1,000). Except as provided in paragraph (2), the
person's privilege to operate a motor vehicle shall be suspended
by the Department of Motor Vehicles pursuant to paragraph (1)
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 .
- Pay a fine of at least three hundred ninety dollars ($390)
but not more than one thousand dollars ($1,000), and, if the
person gives proof of financial responsibility, as defined
in Section 16430 , to the Department of Motor Vehicles ,
have the privilege to operate a motor vehicle restricted for
90 days to necessary travel to and from that person's place
of employment and to and from participation in a program described
in subdivision (b). If driving a motor vehicle is necessary
to perform the duties of the person's employment, the restriction
also shall allow the person to drive to locations within the
person's scope of employment. Whenever the driving privilege
is restricted pursuant to this paragraph, the person shall
maintain proof of financial responsibility for three years.
- If the court elects to order a 90-day restriction as provided
for in paragraph (2), the court shall order and advise the
person of the following matters:
• If the person's privilege to operate a motor vehicle
is suspended under Section 13353.2 , the court-ordered restriction
does not allow the person to operate a motor vehicle unless the
suspension under Section 13353.2 has either been served
to completion or set aside, and his or her license has been reinstated.
The restriction of the driver's license described in paragraph
(2) shall commence upon the reinstatement of the privilege to
operate a motor vehicle.
• If a suspension was not imposed pursuant to Section
13353.2, the person shall be advised by the court that the person's
driving privilege may be suspended by the department pursuant
to subdivision (c) of Section 13352.4 until proof of financial
responsibility is provided. (b) In any county where the board
of supervisors has approved, and the State Department of Alcohol
and Drug Programs has licensed, a program or programs described
in Section 11837.3 of the Health and Safety Code , the
court shall also impose as a condition of probation that the
driver shall enroll and participate in, and successfully complete
a 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.
- The court shall refer a first offender whose blood-alcohol
concentration was less than 0.20 percent, by weight, to
participate for at least three months or longer, as ordered
by the court, in a licensed program that consists of at
least 30 hours of program activities, including those education,
group counseling, and individual interview sessions described
in Chapter 9 (commencing with Section 11836) of Part 2
of Division 10.5 of the Health and Safety Code.
- The court shall refer a first offender whose blood-alcohol
concentration was 0.20 percent or more, by weight, or who
refused to take a chemical test, to participate for at
least six months or longer, as ordered by the court, in
a licensed program that consists of at least 45 hours of
program activities, including those education, group counseling,
and individual interview sessions described in Chapter
9 (commencing with Section 11836) of Part 2 of Division
10.5 of the Health and Safety Code.
- 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.
- 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).
- 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 State 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
• failure to enroll in, or failure to successfully
complete, the program, or
• successful completion of the program as ordered.
• Notwithstanding subdivision (a), if the offense
occurred in a vehicle requiring a driver with a class A or class
B driver's license or with an endorsement specified in Section
15278 , the court shall upon conviction order the department
to suspend the driver's privilege pursuant to paragraph (1) of
subdivision (a) of Section 13352 .
Second DUI Offense
California
Vehicle Code §23540
• Punishment If any person is convicted of a violation
of Section
23152 and the offense occurred within ten years of a separate
violation of Section
23103 , as specified in Section
23103.5 (Wet Reckless
or Reckless Driving Involving Alcohol Priorable as a California
DUI), 23152, or 23153 , which resulted
in a conviction, that person shall be punished by imprisonment
in the 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 (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 .
California
Vehicle Code §23542
Conditions of Probation for Second Time Offense
If the court grants probation to any 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 subject
to either subdivision (a) or (b), as follows:
• Be confined in the county jail 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). The person's privilege to operate a motor vehicle
shall be suspended by the Department of Motor Vehicles pursuant
to 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 .
• All of the following:
- Be confined in the county jail for at least 96 hours, but
not more than one year. 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 non-consecutively.
- Pay a fine of at least three hundred ninety dollars ($390),
but not more than one thousand dollars ($1,000).
- Have the privilege to operate a motor vehicle be restricted
by the Department of Motor Vehicles pursuant to Section 13352.5
. Until all conditions prescribed in this section are met,
the person's driving privilege is suspended pursuant to paragraph
(3) of subdivision (a) of Section 13352. This paragraph does
not apply if the offense occurred in a vehicle requiring
a driver with a class A or class B driver's license or with
an endorsement prescribed in Section 15278 .
- Either of the following:
• 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.
• 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.
• 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.
Third DUI Offense
California
Vehicle Code §23546
Conviction of Third Violation of §23152; Punishment:
• If any person is convicted of a violation of Section
23152 (First DUI
Offense) and the offense occurred within
ten years of two separate violations of Section
23103 , as specified in Section
23103.5 , 23152, or 23153 (Driving
Under Influence of Alcohol or Drugs Causing Injury), or
any combination thereof, which resulted in convictions, that
person shall be punished by imprisonment in the 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 one thousand dollars ($1,000). The person's privilege
to operate a motor vehicle shall be revoked by the Department
of Motor Vehicles as required in paragraph (5) of subdivision
(a) of Section 13352 . The court shall require the person to
surrender his or her driver's license to the court in accordance
with Section 13550 .
• Any person convicted of a violation of Section
23152 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 .
California
Vehicle Code §23548
Conditions of Probation for Third Time Offense
• If the court grants probation to any person punished
under Section 23546, 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 120 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 revoked
by the Department of Motor Vehicles pursuant to paragraph
(5) 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 .
• In addition to subdivision (a), if the court grants
probation to any person punished under Section 23546, 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 specified 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 (Second DUI Offense) 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 driving-under-the-influence
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 (5) of subdivision
(a) of Section 13352 .
• In addition to the provisions of Section 23600 and
subdivision (a), if the court grants probation to any person
punished under Section 23546 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 driving-under-the-influence
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 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. Any person who has previously completed
a 12-month or 18-month 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 licensed driving-under-the-influence
program is not available for referral in the county of the person's
residence or employment. 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. 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 (5) of subdivision (a) of Section
13352 .
Refusal to Submit to or Failure to Complete Chemical Test
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Punishments |
- 1st Offense - 23140 – at least minimum statutory
conditions for first DUI plus one year driver license
suspension
- 1st Offense - 23152 – at least minimum statutory
conditions, one year driver license suspension plus 48
hours in custody
- 2nd Offense - 23152 or 23153 - standard second conditions
plus 96 hours in custody and 2 year driver license revocation
- 3rd Offense - 23152 - standard third conditions, 10
days in custody and 3 year driver license revocation
- 4th Offense - 23152 or 23152/23153 within 10 years
of prior felony 23152/23153 - standard fourth or felony
DUI conditions, 18 days in custody and 3 year driver
license revocation California Vehicle Code §23577 & California
Vehicle Code §23578
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California Vehicle Code §23577
Refusal to Submit to or Failure to Complete Chemical Test by
person convicted of DUI; penalties; pleading and proof
• If any person is convicted of a violation of Section
23152 or 23153, and at the time of the arrest leading to that
conviction that person willfully refused a peace officer's request
to submit to, or willfully failed to complete, the chemical test
or tests pursuant to Section 23612 , the court shall impose the
following penalties:
- If the person is convicted of a first violation of Section
23152, notwithstanding any other provision of subdivision
(a) of Section
23538 , the terms and conditions of probation shall include
the conditions in paragraph (1) of subdivision (a) of Section
23538.
- If the person is convicted of a first violation of Section
23153, the punishment shall be enhanced by an imprisonment
of 48 continuous hours in the county jail, whether or not
probation is granted and no part of which may be stayed,
unless the person is sentenced to, and incarcerated in, the
state prison and the execution of that sentence is not stayed.
- If the person is convicted of a second violation of Section
23152, punishable under Section
23540 , or a second violation of Section 23153, punishable
under Section 23560 , the punishment shall be enhanced by
an imprisonment of 96 hours in the county jail, whether or
not probation is granted and no part of which may be stayed,
unless the person is sentenced to, and incarcerated in, the
state prison and execution of that sentence is not stayed.
- If the person is convicted of a third violation of Section
23152, punishable under Section
23546 , the punishment shall be enhanced by an imprisonment
of 10 days in the county jail, whether or not probation is
granted and no part of which may be stayed.
- If the person is convicted of a fourth or subsequent violation
of Section 23152, punishable under Section 23550 or 23550.5,
the punishment shall be enhanced by imprisonment of 18 days
in the county jail, whether or not probation is granted and
no part of which may be stayed.
• The willful refusal or failure to complete the
chemical test required pursuant to Section 23612 shall be pled
and proven.
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