Section 23580 Of Article 5. Additional Penalties And Sanctions From California Vehicle Code >> Division 11.5. >> Chapter 2. >> Article 5.
23580
. (a) If any person is convicted of a violation of Section
23152 or 23153 and the offense was a second or subsequent offense
punishable under Section 23540, 23546, 23550, 23550.5, 23560, or
23566, the court shall require that any term of imprisonment that is
imposed include at least one period of not less than 48 consecutive
hours of imprisonment or, in the alternative and notwithstanding
Section 4024.2 of the Penal Code, that the person serve not less than
10 days of community service.
(b) Notwithstanding any other provision of law, except Section
2900.5 of the Penal Code, unless the court expressly finds in the
circumstances that the punishment inflicted would be cruel or unusual
punishment prohibited by Section 17 of Article I of the California
Constitution, no court or person to whom a person is remanded for
execution of sentence shall release, or permit the release of, a
person from the requirements of subdivision (a), including, but not
limited to, any work-release program, weekend service of sentence
program, diversion or treatment program, or otherwise.
(c) For the purposes of this section, "imprisonment" means
confinement in a jail, in a minimum security facility, or in an
inpatient rehabilitation facility, as provided in Part 1309
(commencing with Section 1309.1) of Title 23 of the Code of Federal
Regulations.
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