Section 23622 Of Article 2. Prior And Separate Offenses From California Vehicle Code >> Division 11.5. >> Chapter 4. >> Article 2.
23622
. (a) In any case charging a violation of Section 23152 or
23153 and the offense occurred within 10 years of one or more
separate violations of Section 23103, as specified in Section
23103.5, that occurred on or after January 1, 1982, 23152, or 23153,
or any combination thereof, that resulted in convictions, the court
shall not strike any separate 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 and
the minimum fine, as provided in this chapter, or for purposes of
avoiding revocation, suspension, or restriction of the privilege to
operate a motor vehicle, as provided in this code.
(b) In any case charging a violation of Section 23152 or 23153,
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 separate violations of Section 23103, as
specified in Section 23103.5, that occurred on or after January 1,
1982, 23152, or 23153, or any combination thereof, that resulted in
convictions, have occurred within 10 years of the charged offense.
The court may obtain, and accept as rebuttable evidence, a printout
from the Department of Motor Vehicles of the driving record of the
person charged, maintained by electronic and storage media pursuant
to Section 1801 for the purpose of proving those separate violations.
(c) If any separate convictions of violations of Section 23152 or
23153 are reported to have occurred within 10 years of the charged
offense, the court shall notify each court where any of the separate
convictions occurred for the purpose of enforcing terms and
conditions of probation pursuant to Section 23602.