23536.  (a) If any 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 any 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) Except as provided in paragraph (2) of subdivision (a) of
Section 23538, the person's privilege to operate a motor vehicle
shall be suspended by the Department of Motor Vehicles pursuant to
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.


23538.  (a) Except as provided in subdivision (d), if the court
grants probation to any person punished under Section 23536, in
addition to the provisions of Section 23600 and any other terms and
conditions imposed by the court, the court shall impose as a
condition of probation that the person be subject to one of the
following:
   (1) Be confined in the county jail for at least 48 hours but not
more than six months, and pay a fine of at least three hundred ninety
dollars ($390), but not more than one thousand dollars ($1,000).
Except as provided in paragraph (2), the person's privilege to
operate a motor vehicle shall be suspended by the Department of Motor
Vehicles pursuant to 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.
   (2) Pay a fine of at least three hundred ninety dollars ($390) but
not more than one thousand dollars ($1,000), and, if the person
gives proof of financial responsibility, as defined in Section 16430,
to the Department of Motor Vehicles, have the privilege to operate a
motor vehicle restricted for 90 days to necessary travel to and from
that person's place of employment and to and from participation in a
program described in subdivision (b).  If driving a motor vehicle is
necessary to perform the duties of the person's employment, the
restriction also shall allow the person to drive to locations within
the person's scope of employment.  Whenever the driving privilege is
restricted pursuant to this paragraph, the person shall maintain
proof of financial responsibility for three years.
   (3) If the court elects to order a 90-day restriction as provided
for in paragraph (2), the court shall order and advise the person of
the following matters:
   (A) If the person's privilege to operate a motor vehicle is
suspended under Section 13353.2, the court-ordered restriction does
not allow the person to operate a motor vehicle unless the suspension
under Section 13353.2 has either been served to completion or set
aside, and his or her license has been reinstated.  The restriction
of the driver's license described in paragraph (2) shall commence
upon the reinstatement of the privilege to operate a motor vehicle.
   (B) If a suspension was not imposed pursuant to Section 13353.2,
the person shall be advised by the court that the person's driving
privilege may be suspended by the department pursuant to subdivision
(c) of Section 13352.4 until proof of financial responsibility is
provided.
   (b) In any county where the board of supervisors has approved, and
the State Department of Alcohol and Drug Programs has licensed, a
program or programs described in Section 11837.3 of the Health and
Safety Code, the court shall also impose as a condition of probation
that the driver shall enroll and participate in, and successfully
complete a driving-under-the-influence program, licensed pursuant to
Section 11836 of the Health and Safety Code, in the driver's county
of residence or employment, as designated by the court.
   (1) The court shall refer a first offender whose blood-alcohol
concentration was less than 0.20 percent, by weight, to participate
for at least three months or longer, as ordered by the court, in a
licensed program that consists of at least 30 hours of program
activities, including those education, group counseling, and
individual interview sessions described in Chapter 9 (commencing with
Section 11836) of Part 2 of Division 10.5 of the Health and Safety
Code.
   (2) The court shall refer a first offender whose blood-alcohol
concentration was 0.20 percent or more, by weight, or who refused to
take a chemical test, to participate for at least six months or
longer, as ordered by the court, in a licensed program that consists
of at least 45 hours of program activities, including those
education, group counseling, and individual interview sessions
described in Chapter 9 (commencing with Section 11836) of Part 2 of
Division 10.5 of the Health and Safety Code.
   (3) The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until the person has
provided proof satisfactory to the Department of Motor Vehicles of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code.
   (c) (1) The court shall revoke the person's probation pursuant to
Section 23602, except for good cause shown, for the failure to enroll
in, participate in, or complete a program specified in subdivision
(b).
   (2) The court, in establishing reporting requirements, shall
consult with the county alcohol program administrator.  The county
alcohol program administrator shall coordinate the reporting
requirements with the department and with the State Department of
Alcohol and Drug Programs.  That reporting shall ensure that all
persons who, after being ordered to attend and complete a program,
may be identified for either (A) failure to enroll in, or failure to
successfully complete, the program, or (B) successful completion of
the program as ordered.
   (d) Notwithstanding subdivision (a), if the offense occurred in a
vehicle requiring a driver with a class A or class B driver's license
or with an endorsement specified in Section 15278, the court shall
upon conviction order the department to suspend the driver's
privilege pursuant to paragraph (1) of subdivision (a) of Section
13352.



23540.  If any person is convicted of a violation of Section 23152
and the offense occurred within seven years of a separate violation
of Section 23103, as specified in Section 23103.5, 23152, or 23153,
which 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 of Motor Vehicles 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.



23542.  If the court grants probation to any person punished under
Section 23540, in addition to the provisions of Section 23600 and any
other terms and conditions imposed by the court, the court shall
impose as conditions of probation that the person be subject to
either subdivision (a) or (b), as follows:
   (a) Be confined in the county jail for at least 10 days but not
more than one year, and pay a fine of at least three hundred ninety
dollars ($390), but not more than one thousand dollars ($1,000).  The
person's privilege to operate a motor vehicle shall be suspended by
the Department of Motor Vehicles 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) All of the following:
   (1) Be confined in the county jail for at least 96 hours, but not
more than one year.  A sentence of 96 hours of confinement shall be
served in two increments consisting of a continuous 48 hours each.
The two 48-hour increments may be served nonconsecutively.
   (2) Pay a fine of at least three hundred ninety dollars ($390),
but not more than one thousand dollars ($1,000).
   (3) Have the privilege to operate a motor vehicle be restricted by
the Department of Motor Vehicles pursuant to Section 13352.5.  Until
all conditions prescribed in this section are met, the person's
driving privilege is suspended pursuant to paragraph (3) of
subdivision (a) of Section 13352.  This paragraph does not apply if
the offense occurred in a vehicle requiring a driver with a class A
or class B driver's license or with an endorsement prescribed in
Section 15278.
   (4) Either of the following:
   (A) Enroll and participate, for at least 18 months subsequent to
the date of the underlying violation and in a manner satisfactory to
the court, in a driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code, as designated by the
court.  The person shall complete the entire program subsequent to,
and shall not be given any credit for any program activities
completed prior to, the date of the current violation.  The program
shall provide for persons who cannot afford the program fee pursuant
to paragraph (2) of subdivision (b) of Section 11837.4 of the Health
and Safety Code in order to enable those persons to participate.
   (B) Enroll and participate, for at least 30 months subsequent to
the date of the underlying violation and in a manner satisfactory to
the court, in a driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code.  The person shall
complete the entire program subsequent to, and shall not be given any
credit for any program activities completed prior to, the date of
the current violation.
   (c) The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until the person has
provided proof satisfactory to the Department of Motor Vehicles of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code.



23546.  (a) If any person is convicted of a violation of Section
23152 and the offense occurred within seven years of two separate
violations of Section 23103, as specified in Section 23103.5, 23152,
or 23153, or any combination thereof, which resulted in convictions,
that person shall be punished by imprisonment in the county jail for
not less than 120 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 revoked by the Department of Motor Vehicles as
required in paragraph (5) of subdivision (a) of Section 13352.  The
court shall require the person to surrender his or her driver's
license to the court in accordance with Section 13550.
   (b) Any person convicted of a violation of Section 23152
punishable under this section shall be designated as a habitual
traffic offender for a period of three years, subsequent to the
conviction.  The person shall be advised of this designation pursuant
to subdivision (b) of Section 13350.



23548.  (a) If the court grants probation to any person punished
under Section 23546, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as conditions of probation that the person be confined
in the county jail for at least 120 days but not more than one year
and pay a fine of at least three hundred ninety dollars ($390) but
not more than one thousand dollars ($1,000).  The person's privilege
to operate a motor vehicle shall be revoked by the Department of
Motor Vehicles pursuant to paragraph (5) 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) In addition to subdivision (a), if the court grants probation
to any person punished under Section 23546, the court may order as a
condition of probation that the person participate, for at least 30
months subsequent to the underlying conviction and in a manner
satisfactory to the court, in a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code.  In
lieu of the minimum term of imprisonment specified in subdivision
(a), the court shall impose as a condition of probation under this
subdivision that the person be confined in the county jail for at
least 30 days but not more than one year.  The court shall not order
the treatment prescribed by this subdivision unless the person makes
a specific request and shows good cause for the order, whether or not
the person has previously completed a treatment program pursuant to
paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of
subdivision (b) of Section 23562.  A person ordered to treatment
pursuant to this subdivision shall apply to the court or to a board
of review, as designated by the court, at the conclusion of the
program to obtain the court's order of satisfaction.  Only upon the
granting of that order of satisfaction by the court may the program
issue its certificate of successful completion and report the
completion to the Department of Motor Vehicles.  A failure to obtain
an order of satisfaction at the conclusion of the
driving-under-the-influence program is a violation of probation.  In
order to enable all required persons to participate, each person
shall pay the program costs commensurate with the person's ability to
pay as determined pursuant to Section 11837.4 of the Health and
Safety Code.  No condition of probation required pursuant to this
subdivision is a basis for reducing any other probation requirement
in this section or Section 23600 or for avoiding the mandatory
license revocation provisions of paragraph (5) of subdivision (a) of
Section 13352.
   (c) In addition to the provisions of Section 23600 and subdivision
(a), if the court grants probation to any person punished under
Section 23546 who has not previously completed a treatment program
pursuant to paragraph (4) of subdivision (b) of Section 23542 or
paragraph (4) of subdivision (b) of Section 23562, and unless the
person is ordered to participate in and complete a
driving-under-the-influence program under subdivision (b), the court
shall impose as a condition of probation that the person, subsequent
to the date of the current violation, enroll and participate, for at
least 18 months and in a manner satisfactory to the court, in a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as designated by the court.  The
person shall complete the entire program subsequent to, and shall
not be given any credit for program activities completed prior to,
the date of the current violation.  Any person who has previously
completed a 12-month or 18-month program licensed pursuant to Section
11836 of the Health and Safety Code shall not be eligible for
referral pursuant to this subdivision unless a 30-month licensed
driving-under-the-influence program is not available for referral in
the county of the person's residence or employment.  The program
shall provide for persons who cannot afford the program fee pursuant
to paragraph (2) of subdivision (b) of Section 11837.4 of the Health
and Safety Code in order to enable those persons to participate.  No
condition of probation required pursuant to this subdivision is a
basis for reducing any other probation requirement in this section or
Section 23600 or for avoiding the mandatory license revocation
provisions of paragraph (5) of subdivision (a) of Section 13352.



23550.  (a) If any person is convicted of a violation of Section
23152 and the offense occurred within seven years of three or more
separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 or 23153, or any combination thereof, which
resulted in convictions, that person shall be punished by
imprisonment in the state prison, or in a county jail for not less
than 180 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 revoked by the Department of Motor Vehicles pursuant to
paragraph (7) 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) Any person convicted of a violation of Section 23152
punishable under this section shall be designated as a habitual
traffic offender for a period of three years, subsequent to the
conviction.  The person shall be advised of this designation pursuant
to subdivision (b) of Section 13350.



23550.5.  (a) A person is guilty of a public offense, punishable by
imprisonment in the state prison or confinement in a county jail for
not 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) if
that person is convicted of a violation of Section 23152 or 23153,
and the offense occurred within 10 years of any of the following:
   (1) A prior violation of Section 23152 that was punished as a
felony under Section 23550 or this section, or both, or under former
Section 23175 or former Section 23175.5, or both.
   (2) A prior violation of Section 23153 that was punished as a
felony.
   (3) A prior violation of paragraph (1) of subdivision (c) of
Section 192 of the Penal Code that was punished as a felony.
   (b) Every person who, having previously been convicted of a
violation of Section 191.5 of the Penal Code or a felony violation of
paragraph (3) of subdivision (c) of Section 192 of the Penal Code,
is subsequently convicted of a violation of Section 23152 or 23153 is
guilty of a public offense punishable by imprisonment in the state
prison or confinement in a county jail for not 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).
   (c) The privilege to operate a motor vehicle of a person convicted
of a violation that is punishable under subdivision (a) or (b) shall
be revoked by the department under paragraph (7) of subdivision (a)
of Section 13352, unless paragraph (6) of subdivision (a) of Section
13352 is also applicable, in which case the privilege shall be
revoked under that provision.  The court shall require the person to
surrender the driver's license to the court in accordance with
Section 13550.
   (d) Any person convicted of a violation of Section 23152 or 23153
that is punishable under this section shall be designated as a
habitual traffic offender for a period of three years, subsequent to
the conviction.  The person shall be advised of this designation
under subdivision (b) of Section 13350.



23552.  (a) If the court grants probation to any person punished
under Section 23550, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as conditions of probation that the person be confined
in a county jail for at least 180 days but not more than one year and
pay a fine of at least three hundred ninety dollars ($390) but not
more than one thousand dollars ($1,000).  The person's privilege to
operate a motor vehicle shall be revoked by the Department of Motor
Vehicles pursuant to paragraph (7) 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) In addition to subdivision (a), if the court grants probation
to any person punished under Section 23550, the court may order as a
condition of probation that the person participate, for at least 30
months subsequent to the underlying conviction and in a manner
satisfactory to the court, in a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code.  In
lieu of the minimum term of imprisonment in subdivision (a), the
court shall impose as a condition of probation under this subdivision
that the person be confined in the county jail for at least 30 days
but not more than one year.  The court shall not order the treatment
prescribed by this subdivision unless the person makes a specific
request and shows good cause for the order, whether or not the person
has previously completed a treatment program pursuant to paragraph
(4) of subdivision (b) of Section 23542 or paragraph (4) of
subdivision (b) of Section 23562.  A person ordered to treatment
pursuant to this subdivision shall apply to the court or to a board
of review, as designated by the court, at the conclusion of the
program to obtain the court's order of satisfaction.  Only upon the
granting of that order of satisfaction by the court may the program
issue its certificate of successful completion and report the
completion to the Department of Motor Vehicles.  A failure to obtain
an order of satisfaction at the conclusion of the program is a
violation of probation.  In order to enable all required persons to
participate, each person shall pay the program costs commensurate
with the person's ability to pay as determined pursuant to Section
11837.4 of the Health and Safety Code.  No condition of probation
required pursuant to this subdivision is a basis for reducing any
other probation requirement in this section or Section 23600 or for
avoiding the mandatory license revocation provisions of paragraph (7)
of subdivision (a) of Section 13352.
   (c) In addition to the provisions of Section 23600 and subdivision
(a), if the court grants probation to any person punished under
Section 23550 who has not previously completed a treatment program
pursuant to paragraph (4) of subdivision (b) of Section 23542 or
paragraph (4) of subdivision (b) of Section 23562, and unless the
person is ordered to participate in, and complete, a program under
subdivision (b), the court shall impose as a condition of probation
that the person, subsequent to the date of the current violation,
enroll in and participate, for at least 18 months and in a manner
satisfactory to the court, in a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code, as
designated by the court.  The person shall complete the entire
program subsequent to, and shall not be given any credit for program
activities completed prior to, the date of the current violation.
Any person who has previously completed a 12-month or 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code shall not be eligible for
referral pursuant to this subdivision unless a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code is not available for referral in
the county of the person's residence or employment.  No condition of
probation required pursuant to this subdivision is a basis for
reducing any other probation requirement in this section or Section
23600 or for avoiding the mandatory license revocation provisions of
paragraph (7) of subdivision (a) of Section 13352.