Chapter 3. Probation of California Vehicle Code >> Division 11.5. >> Chapter 3.
(a) If any person is convicted of a violation of Section
23152 or 23153, the court shall not stay or suspend pronouncement of
sentencing, and shall pronounce sentence in conjunction with the
conviction in a reasonable time, including time for receipt of any
presentence investigation report ordered pursuant to Section 23655.
(b) If any person is convicted of a violation of Section 23152 or
23153 and is granted probation, the terms and conditions of probation
shall include, but not be limited to, the following:
(1) Notwithstanding Section 1203a of the Penal Code, a period of
probation not less than three nor more than five years; provided,
however, that if the maximum sentence provided for the offense may
exceed five years in the state prison, the period during which the
sentence may be suspended and terms of probation enforced may be for
a longer period than three years but may not exceed the maximum time
for which sentence of imprisonment may be pronounced.
(2) A requirement that the person shall not drive a vehicle with
any measurable amount of alcohol in his or her blood.
(3) A requirement that the person, if arrested for a violation of
Section 23152 or 23153, shall not refuse to submit to a chemical test
of his or her blood, breath, or urine, pursuant to Section 23612,
for the purpose of determining the alcoholic content of his or her
(4) A requirement that the person shall not commit any criminal
(c) The court shall not absolve a person who is convicted of a
violation of Section 23152 or 23153 from the obligation of spending
the minimum time in confinement, if any, or of paying the minimum
fine imposed by law.
(d) In addition to any other provision of law, if any person
violates paragraph (2) or (3) of subdivision (b) and the person had a
blood alcohol concentration of over 0.04 percent as determined by a
chemical test, the court shall revoke or terminate the person's
probation as provided by Section 23602, regardless of any other
proceeding, and shall only grant a new term of probation of not more
than five years on the added condition that the person be confined in
the county jail for not less than 48 hours for each of these
violations of probation, except in unusual cases where the interests
of justice would best be served if this additional condition were not
(a) Except as provided in subdivision (c), an order to pay
any fine, restitution, or assessment, imposed as a condition of the
grant of probation or as part of a judgment of conditional sentence
for a violation of Section 23152 or 23153, may be enforced in the
same manner provided for the enforcement of money judgments.
(b) A willful failure to pay any fine, restitution, or assessment
during the term of probation is a violation of the terms and
conditions of probation.
(c) If an order to pay a fine as a condition of probation is
stayed, a writ of execution shall not be issued, and any failure to
pay the fine is not willful, until the stay is removed.
Except as otherwise expressly provided in this code, if a
person has been convicted of a violation of Section 23152 or 23153
and the court has suspended execution of the sentence for that
conviction and has granted probation, and during the time of that
probation, the person is found by the court to have violated a
required term or condition of that probation, the court shall revoke
the suspension of sentence, revoke or terminate probation, and shall
proceed in the manner provided in subdivision (c) of Section 1203.2
of the Penal Code.