Statute · California Vehicle Code

Cal. Veh. Code § 23540 — Penalties for a Violation of Section 23152

Cal. Veh. Code § 23540

Type: Statute
Source: California Vehicle Code
Jurisdiction: California
Date: 2005-01-01
Current through: Nov 2, 2026 (California Legislative Counsel)

Citator

Cal. Veh. Code § 23540 — Penalties for a Violation of Section 23152 is in force in the current edition of the Code, and nothing recorded condemns it.

(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) 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.

(b) 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 (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver’s license required under Section 13352.5.