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Below is the basic law regarding conditions for probation for a first time DUI conviction in California found in California Vehicle
Code Section 23538. If you have been
accused of Drunk Driving in California, you can see that a conviction under California DUI law can be be
a very serious matter. Contact a California DUI attorney with your specific questions
concerning the defense of your DUI.
Driving Under Influence of Alcohol or Drugs
Conditions of Probation: First Conviction
23538.
(a) (1) If the court grants probation to 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 pay a fine of at least three hundred ninety dollars ($390), but not
more than one thousand dollars ($1,000). The court may also impose, as a
condition of probation, that the person be confined in a county jail for at
least 48 hours, but not more than six months.
(2) The person's privilege to operate a motor vehicle shall be suspended by the
department under 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.
(3) 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 (1) of subdivision (a) of Section
13352, the court may disallow the issuance of a restricted driver's license
required under Section 13352.4.
(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. For the purposes of this
subdivision, enrollment in, participation in, and completion of an approved
program shall be subsequent to the date of the current violation. Credit may not
be given for any program activities completed prior to the date of the current
violation.
(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 nine months or longer, as ordered by the
court, in a licensed program that consists of at least 60 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 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 has been received in the department's headquarters.
(c) (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 (A) failure to enroll in, or failure to successfully
complete, the program, or (B) successful completion of the program as ordered.
(d) This section shall become operative on September 20, 2005.
Added Sec. 16.5, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative
September 20, 2005.
Amended Sec. 3, Ch. 164, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated,
deleted the following:
1. "six"
2. "45"
California DUI Penalties:
Penalty
- First Conviction
Additional Legal and DUI Resources:
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