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The Drink Wheel On-Line BrAC Calculator

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About the Drink Wheel

The Intoximeters Inc. "Drink Wheel"1 is a form that you can fill out. Upon completion we will instantly compute your estimated blood/breath alcohol concentration ("BAC") based on the information that you have provided and return that estimate to you. It is presented as a public service to Intoximeters web site visitors. Its primary purpose is to provide useful information about the responsible use of alcohol.

Why is it called a "Drink Wheel"?

We call it the "Drink Wheel" because it is based on various paper and cardboard BAC calculators that are given out in alcohol awareness programs, some of which are in the form of a wheel that you can spin around to calculate your estimated BAC based on what and how much you have had to drink.

Disclaimer

It would be extremely foolish for us to pretend that our "Drink Wheel" can tell you what your BAC actually is, first because it would open us up to an incredible amount of potential liability and second if it really did work accurately there would be no need for anyone to buy the instruments that we make and sell.

A person's actual BAC is dependent on many complex factors, including their physical condition (body composition, health etc...) and what they have recently ingested (including food, water, medications and other drugs). This site includes a more detailed discussion of the Pharmacology and Disposition of alcohol in humans.

The results that are generated are rough estimates of an average healthy person's BAC assuming typical beverage sizes, recipes and alcohol content. The BAC estimates generated by the Drink Wheel should not be used to infer anyone's fitness to work, drive or perform any other task or duty.


 

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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.
  1. Turning with a wide radius.
  2. Straddling the center of the road or lane marker.
  3. Appearing to be drunk (we.e., eye fixation, face close to windshield, drinking in the vehicle).
  4. Almost striking an object or other vehicle.
  5. Weaving or zigzagging across the road.
  6. Driving on other than a designated roadway.
  7. Swerving or abruptly turning away from a generally straight course.
  8. Turning abruptly or illegally.
  9. Driving slower than 10 mph below speed limit.
  10. Stopping without cause in a traffic lane.
  11. Stopping inappropriately (other than in lane).
  12. Following others too closely.
  13. Drifting or moving in a straight-line at a slight angle to the roadway.
  14. Erratic braking.
  15. Driving into opposing or crossing traffic.
  16. Signaling that is inconsistent with driving actions.
  17. Slow response to traffic signals (sudden stop, delayed start).
  18. Driving with headlights off.
Provided by: MADD Orange County, California Chapter website

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:

  1. A person drove a vehicle, and
  2. 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:

  1. A person drove a vehicle, and
  2. 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:

  1. A person drove a vehicle upon a street or highway
  2. 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:

  1. A person drove a motor vehicle upon a street or highway; and
  2. The driver engaged in an exhibition of speed ; and (if applicable)
  3. 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:

  1. 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 .
  2. 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.
  3. 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.

      1. 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.
      2. 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.
      3. 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.
      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 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:

    1. 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.
    2. Pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000).
    3. 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 .
    4. 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

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

 

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:

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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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