Los Angeles Criminal Defense of DUI / DWI Arrests

A Los Angeles DUI / DWI arrest requires fast action – you or your loved one must arrange to be released on bail or on your own recognizance (OR) and request a hearing with the California DMV within 10 days of arrest or risk the automatic suspension of your driver’s license. Fortunately, you don’t have to face your Los Angeles DUI / DWI charge alone – the experienced drunk driving lawyers of The Kavinoky Law Firm are here to help. Our team of top criminal defense lawyers in Los Angeles can help arrange bail, request a DMV hearing, and begin planning your strategic defense.

The evidence against you in your Los Angeles DUI / DWI case can seem overwhelming – the prosecutor may be armed with a chemical test that shows a blood alcohol content (BAC) of .08 percent or greater. In addition, you may have been told that you “failed” your field sobriety test, and that the officer observed you exhibiting signs of drunk driving. . However, all of the evidence in an L.A. DUI / DWI case is open to challenge. The Kavinoky Law Firm’s DUI / DWI and Criminal Defense Attorneys in Los Angeles, CA will examine every shred of evidence in your drunk driving case to find viable challenges designed to create reasonable doubt in your guilt.

If you refused to submit to a chemical test to establish your BAC after an L.A. DUI / DWI arrest, you will face special challenges both in court, and at the California Department of Motor Vehicles. Some drivers refuse to submit to a breath or blood test after a Los Angeles DUI / DWI arrest because they believe it will help their case if there is no BAC evidence against them.

However, if you refused a chemical test, you can receive additional punishment from both the criminal courts and the Department of Motor Vehicles. The California DMV can suspend your license for a longer period of time if a refusal occurred, and the prosecutor can use your chemical test refusal as evidence of “consciousness of guilt.” In fact, police in Los Angeles can take your blood by force and then charge you with a chemical test refusal because you didn’t submit willingly to the test. However, there are some circumstances where a chemical test refusal can be excused in a Los Angeles DUI / DWI case, and it’s up to your lawyer to fight this allegation.

A Los Angeles drunk driving arrest creates unique challenges, so it’s critical to have a local DUI / DWI lawyer fighting for your rights. With offices in Woodland Hills and Santa Monica and throughout California, the skilled DUI / DWI lawyers of The Kavinoky Law Firm are ready to aggressively fight your drunk driving charge anywhere in Los Angeles County or across the state. Contact us today for a free consultation.

New California Driving Laws for 2009

As of January 1, 2009, a host of new driving laws went on the books in California, and being aware of these statutes will help you avoid trouble with the law in the New Year. As always, if you have any questions about any California Vehicle Code, feel free to contact an attorney from The Kavinoky Law Firm at 1.877.466.2833 for more information.

Perhaps the most talked-about new law is California’s ban on texting. As of January 1, it’s against the law to type, send, and read electronic messages while behind the wheel. Like California’s law requiring the use of hands-free cell phones while driving, the new text-messaging ban carries a $20 fine for a first offense and a $50 fine for a second offense, but the state’s “penalty assessment” means the fine will be significantly higher.

Even more importantly, violating either of these laws gives police probable cause to pull you over, which can lead to more serious charges. These types of relatively minor violations can result in an arrest for DUI or another serious offense.

Another new law impacts drivers who are on probation for a California DUI conviction. Under the new zero-tolerance law, drivers on probation for a prior DUI conviction who have any measurable amount of alcohol in their systems will have their driver’s licenses suspended.

California has also lowered the threshold for ignition interlock devices, or IIDs, in DUI cases. In the past, California law required that judges give “heightened consideration” to ordering DUI drivers with a blood alcohol content (BAC) of .20 percent or greater to use an ignition interlock device. The new law lowers the threshold for an IID, which prevents a car from starting if the driver cannot provide an alcohol-free breath sample, to .15 percent.

Beginning in July 2009, drivers who are caught driving after having their licenses suspended for a prior DUI conviction will also be required to use an ignition interlock device. This new law also transfers authority over the use of ignition interlock devices from the courts to the California Department of Motor Vehicles.

New California legislation also requires drivers convicted of DUI or alcohol-related reckless driving – also known as “wet-reckless” – to attend a nine-month alcohol-education program if they’ve been convicted of another DUI or wet-reckless offense within the past decade.

Other changes to the law include new criminal penalties for forging Clean Air stickers, harsher penalties for those who make frivolous 911 calls, and changes to the law that governs where GPS units can be mounted. In the past, mounting the unit on the windshield was against the law. Now drivers can mount the devices in a 7-inch square on the lower passenger side of the windshield or a 5-inch square on the lower corner of the driver’s side.

By keeping yourself informed about California’s ever-evolving vehicle and criminal codes, you can better prepare yourself to stay out of trouble in 2009. And should you ever need us, the experienced California defense lawyers of The Kavinoky Law Firm are here to help. You can contact us at 1.877.466.2833 for answers to all of your questions about California vehicle and criminal codes.

California Vehicle Code Division 6 – Driver’s Licenses

Chapter 2: Suspension or Revocation of Licenses
Article 3: Suspension and Revocation by Department of motor vehicles

• VC 13350 – Required Revocation
• VC 13350.5 – Vehicular Manslaughter
• VC 13351 – Additional Required Revocations
• VC 13351.5 – Assault With Deadly Weapon: Motor Vehicles
• VC 13351.8 – Road Rage: Required Suspension
• VC 13351.85 – Towing Service: Required Suspension
• VC 13352 – Suspension or Revocation for DUI or Speed Contest
• VC 13352.2 – DUI Program: Proof of Enrollment and Completion
• VC 13352.3 – Minor: Revocation of Driving Privilege
• VC 13352.4 – 1st Offense: Completion of DUI Program and Restricted Driver’s License
• VC 13352.5 – Restricted Driver’s License: Second Offense
• VC 13352.6 – DUI Conviction: Persons Under 21: Required Suspension
• VC 13353 – Refusal of Chemical Test
• VC 13353.1 – Refusal to Take Preliminary Alcohol Screening Test
• VC 13353.2 – Immediate Suspension
• VC 13353.3 – Order of Suspension
• VC 13353.4 – Prohibitions: Restoration or Restricted Driving Privilege
• VC 13353.45 – Treatment Program: Certificate of Completion
• VC 13353.5 – Restoration of Driving Privilege: Nonresidents
• VC 13353.6 – Commercial Driver’s License: Suspension and Restriction
• VC 13353.7 – Restricted Noncommercial Driver’s License
• VC 13353.8 – Restricted License: Persons Under 21
• VC 13354 – Driver’s License Actions: Consecutive
• VC 13355 – Driving in Excess of 100 Miles Per Hour: Suspension
• VC 13357 – Action Required for Auto Theft
• VC 13359 – Grounds for Suspension or Revocation
• VC 13360 – Violation of License Restrictions
• VC 13361 – Grounds for Suspension
• VC 13362 – Surrender of License Erroneously Issued
• VC 13363 – Conviction in Another State
• VC 13364 – Dishonored Check
• VC 13365 – Suspension for Failure to Appear
• VC 13365.2 – Driving Privilege Suspension: Failure to Appear
• VC 13365.5 – Suspension for Failure to Comply with a Court Order
• VC 13366 – Effective Date of Suspension or Revocation
• VC 13366.5 – Commercial Driving Privilege: Effective Date of Suspension or Revocation
• VC 13367 – Determining Minor’s Suspension
• VC 13368 – Driver Training Requirement
• VC 13369 – Refusal to Issue or Renew, Suspension, or Revocation of Certificate or Endorsement
• VC 13370 – Denial, Suspension, or Revocation of Certificate
• VC 13371 – Denial, Suspension, or Revocation: Request and Scope of Hearing
• VC 13372 – Denial, Suspension, or Revocation of Ambulance Driver Certificate
• VC 13373 – Dismissal of Ambulance Driver or Attendant: Grounds
• VC 13374 – Refusal to Issue or Renew, Suspension, or Revocation of Ambulance Driver Certificate
• VC 13375 – Definition of Conviction
• VC 13376 – Denial, Revocation, Add or Suspension of Driver Certificates

California Vehicle Code Division 11 – Rules of the Road

Chapter 1: Obedience to and Effect of Traffic Laws
Article 4: Operation of Bicycles

• VC 21200 – Laws Applicable to Bicycle Use: Peace Officer Exemption
• VC 21200.5 – Riding Bicycle Under Influence of Alcohol or Drugs
• VC 21201 – Equipment Requirements
• VC 21201.3 – Bicycle or Motorized Bicycle Lights
• VC 21201.5 – Reflectorized Equipment
• VC 21202 – Operation on Roadway
• VC 21203 – Hitching Rides
• VC 21204 – Riding on Bicycle
• VC 21205 – Carrying Articles
• VC 21206 – Local Regulation
• VC 21207 – Bicycle Lanes
• VC 21207.5 – Motorized Bicycles: Prohibited Operation
• VC 21208 – Permitted Movements from Bicycle Lanes
• VC 21209 – Motor Vehicles and Motorized Bicycles in Bicycle Lanes
• VC 21210 – Bicycle Parking
• VC 21211 – Obstruction of Bikeways or Bicycle Paths or Trails
• VC 21212 – Youth Bicycle Helmets: Minors

Chapter 12: Public Offenses
Article 1: Driving Offenses

• VC 23100 – Application of Chapter
• VC 23103 – Reckless Driving
• VC 23103.5 – Guilty Plea to Lesser Charge
• VC 23104 – Reckless Driving: Bodily Injury
• VC 23109 – Speed Contests
• VC 23109.2 – Vehicle Impoundment: Speed Contests
• VC 23109.5 – Speed Contests: Prior Convictions
• VC 23110 – Throwing Substances at Vehicles
• VC 23111 – Throwing Substances on Highways or Adjoining Areas
• VC 23112 – Throwing, Depositing, or Dumping Matter on Highway
• VC 23112.5 – Notification of Hazardous Spill
• VC 23113 – Removal of Material From Highway
• VC 23114 – Spilling Loads on Highways
• VC 23115 – Rubbish Vehicles
• VC 23116 – Carrying Persons in the Back of a Motor Truck
• VC 23117 – Carrying Animal in Motor Truck
• VC 23120 – Temple Width of Glasses
• VC 23125 – School bus or Transit Vehicle Drivers: Prohibition Against Use of Wireless Telephone
• VC 23127 – Trails and Paths
• VC 23128 – Snowmobiles
• VC 23129 – Camper Exits
• VC 23135 – Operation of Modified Motorized Bicycle

Chapter 12: Public Offenses
Article 1.3: Driving Offenses

• VC 23136 – PAS Persons Under 21: Preliminary Screening Device

Chapter 12: Public Offenses
Article 1.5: Juvenile Offenses Involving Alcohol

• VC 23140 – Alcohol: Persons Under 21

Chapter 12: Public Offenses
Article 2: Offenses Involving Alcohol or Drugs

• VC 23152 – Driving Under Influence of Alcohol or Drugs
• VC 23153 – Driving Under Influence of Alcohol or Drugs Causing Injury
• VC 23158 – Chemical Test Procedure
• VC 23213 – Rehabilitation Facilities: Vehicles on Premises
• VC 23215 – Enforcement Off the Highway
• VC 23216 – Legislative Intent
• VC 23217 – Legislative Declarations: Mandatory Minimum Penalties for Multiple Offenses
• VC 23220 – Drinking While Driving
• VC 23221 – Drinking in Motor Vehicle
• VC 23222 – Possession of Marijuana or Open Container While Driving
• VC 23223 – Possession of Open Container in Motor Vehicle
• VC 23224 – Possession of Alcohol in Vehicle: Person Under 21
• VC 23225 – Storage of Opened Container
• VC 23226 – Storage of Opened Container in Passenger Compartment
• VC 23229 – Possession of Alcoholic Beverages: Exceptions
• VC 23229.1 – Possession of Alcohol in Limousine: Passengers Under Age 21

Chapter 12: Public Offenses
Article 4: Ignition Interlock Device

• VC 23247 – Ignition Interlock Device Prohibitions
• VC 23249 – Study and Report to the Legislature

Chapter 12: Public Offenses
Article 5: Alcohol and Drug Problem Assessment Program

• VC 23249.50 – Legislative Intent

California Vehicle Code Division 11.5 – Sentencing for Driving While Under the Influence

Chapter 2: Court Penalties
Article 1: General Provisions

• VC 23530 – General Provisions

Chapter 2: Court Penalties
Article 2: Penalties for a Violation of Section 23152

• VC 23536 – Penalty: First Conviction
• VC 23538 – Conditions of Probation: First Conviction
• VC 23540 – Penalty: Second Offense Within Ten Years
• VC 23542 – Conditions of Probation: Second Offense Within Ten Years
• VC 23546 – Penalty: Third Conviction Within Ten Years
• VC 23548 – Conditions of Probation: Third Conviction Within Ten Years
• VC 23550 – Penalty: Fourth or Subsequent Conviction Within Ten Years
• VC 23550.5 – Penalties: Conviction Within 10 Years of Prior DUI Conviction
• VC 23552 – Conditions of Probation

Chapter 2: Court Penalties
Article 3: Penalties for a Violation of Section 23153

• VC 23554 – Penalty: First Conviction
• VC 23556 – Conditions of Probation: First Conviction
• VC 23558 – Multiple Victims: Enhanced Penalty
• VC 23560 – Penalty: Second Conviction Within Ten Years
• VC 23562 – Conditions of Probation: Second Offense Within Ten Years
• VC 23566 – Penalty: Third or Subsequent Conviction Within Ten Years
• VC 23568 – Conditions of Probation: Third or Subsequent Conviction Within Ten Years

Chapter 2: Court Penalties
Article 4: Additional Punishments

• VC 23572 – Minor Passenger: Enhanced Penalty

Chapter 2: Court Penalties
Article 5: Additional Penalties and Sanctions

• VC 23575 – Authorized and Mandatory Installation of Ignition Interlock Device
• VC 23576 – Exception for Operation of Vehicle
• VC 23577 – Chemical Testing: Refusal to Take or Failure to Complete: Enhanced Penalties
• VC 23578 – Excessive Blood Alcohol or Refusal to Take Chemical Testing: Enhanced Penalties
• VC 23580 – Repeat Offenders: Mandatory Imprisonment
• VC 23582 – Speeding: Additional Penalty

Chapter 2: Court Penalties
Article 6: Additional Court-imposed Orders and Directions

• VC 23592 – Impounding Vehicles
• VC 23594 – Impoundment of Vehicles
• VC 23596 – Vehicle Declared Nuisance: Sale of Vehicle

Chapter 2: Court Penalties
Article 7: Alternative to Alcohol or Drug Education Program

• VC 23598 – Alternative to Alcohol or Drug Education Program

Chapter 3: Probation

• VC 23600 – Sentencing: Minimum Probation Conditions
• VC 23601 – Probation: Payment of Money
• VC 23602 – Penalty: Violation of Probation

Chapter 4: Court Penalties
Article 1: Alternative to Alcohol or Drug Education Program

• VC 23610 – Blood Alcohol Level: Presumptions Affecting Burden of Proof
• VC 23612 – Implied Consent for Chemical Testing
• VC 23614 – Breath and Chemical Testing: Advisement

Chapter 4: Court Penalties
Article 2: Prior and Separate Offenses

• VC 23620 – Vehicular Manslaughter: Separate Offense
• VC 23622 – Prior Convictions: Sentencing
• VC 23624 – Separate Convictions: Constitutional Challenge
• VC 23626 – Effect of Conviction in Another Jurisdiction

Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a consultation and legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 13353.3 – Order of Suspension

13353.3. (a) An order of suspension of a person’s privilege to operate a motor vehicle pursuant to Section 13353.2 shall become effective 30 days after the person is served with the notice pursuant to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

(b) The period of suspension of a person’s privilege to operate a motor vehicle under Section 13353.2 is as follows:

1. Except as provided in Section 13353.6, if the person has not been convicted of a separate violation of Section 23103, as specified in Section 23103.5, of Section 23140, 23152, or 23153, of Section 191.5 of the Penal Code, or of paragraph (3) of subdivision (c) of Section 192 of that code, the person has not been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, or the person has not been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, that offense or occurrence occurred within 10 years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for four months.
2. (2) If the person has been convicted of one or more separate violations of Section 23103, as specified in Section 23103.5, Section 23140, 23152, or 23153, Section 191.5 of the Penal Code, or paragraph (3) of subdivision (c) of Section 192 of that code, the person has been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, or the person has been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, that offense or occasion occurred within 10 years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for one year.
3. (3) Notwithstanding any other provision of law, if a person has been administratively determined to have been driving in violation of Section 23136 or to have refused chemical testing pursuant to Section 13353.1, the period of suspension shall not be for less than one year.

(c) If a person’s privilege to operate a motor vehicle is suspended pursuant to Section 13353.2 and the person is convicted of a violation of Section 23152 or 23153, including, but not limited to, a violation described in Section 23620, arising out of the same occurrence, both the suspension under Section 13353.2 and the suspension or revocation under Section 13352 shall be imposed, except that the periods of suspension or revocation shall run concurrently, and the total period of suspension or revocation shall not exceed the longer of the two suspension or revocation periods.

(d) For the purposes of this section, a conviction of any offense in any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in this state, would be a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal Code, is a conviction of that particular section of the Vehicle Code or Penal Code.

(e) This section shall become operative on September 20, 2005.

Added Sec. 8.5, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 13365 – Suspension for Failure to Appear

13365. (a) Upon receipt of notification of a violation of subdivision (a) or (b) of Section 40508 the department shall take the following action:

1. If the notice is given pursuant to subdivision (a) or (b) of Section 40509, if the driving record of the person who is the subject of the notice contains one or more prior notifications of a violation issued pursuant to Section 40509 or 40509.5, and if the person’s driving privilege is not currently suspended under this section, the department shall suspend the driving privilege of the person.
2. If the notice is given pursuant to subdivision (a) or (b) of Section 40509.5, and if the driving privilege of the person who is the subject of the notice is not currently suspended under this section, the department shall suspend the driving privilege of the person.

(b) A suspension under this section shall not be effective before a date 60 days after the date of receipt, by the department, of the notice given specified in subdivision (a), and the notice of suspension shall not be mailed by the department before a date 30 days after receipt of the notice given specified in subdivision (a).

The suspension shall continue until the suspended person’s driving record does not contain any notification of a violation of subdivision (a) or (b) of Section 40508.

Amended Sec. 57, Ch. 877, Stats. 1998. Effective January 1, 1999.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 21200.5 – Riding Bicycle Under Influence of Alcohol or Drugs

21200.5. Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section 13202.5.

Amended Ch. 1697, Stats. 1990. Effective January 1, 1991.
Amended Sec. 3, Ch. 740, Stats. 1998. Effective January 1, 1999.
Amended Sec. 17, Ch. 22, Stats. 1999. Effective May 26, 1999.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 23600 – Sentencing: Minimum Probation Conditions

23600. (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 blood.
4. A requirement that the person shall not commit any criminal offense.

(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 imposed.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 40.6, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1 1999.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 23622 – Prior Convictions: Sentencing

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.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 20, Ch. 550, Stats. 2004. Effective January 1, 2005.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 23536 – Penalty: First Conviction

23536. (a) If a person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000).

(b) The court shall order that a person punished under subdivision (a), who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the person’s work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendant’s attorney or upon an affidavit or testimony from the defendant.

(c) 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.

(d) 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.

(e) This section shall become operative on September 20, 2005.

Amended Sec. 11, Ch. 756, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999. Supersedes Ch. 118.
Amended and renumbered from 23160 Sec. 19, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1, 1999.
Amended Sec. 19, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 15, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 23215 – Enforcement Off the Highway

23215. The department may, but shall not be required to, provide patrol or enforce the provisions of Section 23152 for offenses which occur other than upon a highway.

Added Ch. 940, Stats. 1981. Effective January 1, 1982.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.