Section 23109.5 Of Article 1. Driving Offenses From California Vehicle Code >> Division 11. >> Chapter 12. >> Article 1.
23109.5
. (a) In any case charging a violation of subdivision (a) of
Section 23109 and where the offense occurs within five years of one
or more prior offenses which resulted in conviction of violation of
subdivision (a) of Section 23109, the court shall not strike any
prior conviction of those offenses for purposes of sentencing in
order to avoid imposing, as part of the sentence or term of
probation, the minimum time of imprisonment, as provided in
subdivision (f) of Section 23109, or for purposes of avoiding
revocation, suspension, or restriction of the privilege to operate a
motor vehicle, as provided in Section 13352 or 23109.
(b) In any case charging a violation of subdivision (a) of Section
23109, the court shall obtain a copy of the driving record of the
person charged from the Department of Motor Vehicles and may obtain
any records from the Department of Justice or any other source to
determine if one or more prior convictions of the person for
violation of subdivision (a) of Section 23109 have occurred within
five years of the charged offense.