23640.  (a) In any case in which a person is charged with a
violation of Section 23152 or 23153, prior to acquittal or
conviction, the court shall neither suspend nor stay the proceedings
for the purpose of allowing the accused person to attend or
participate, nor shall the court consider dismissal of or entertain a
motion to dismiss the proceedings because the accused person attends
or participates during that suspension, in any one or more
education, training, or treatment programs, including, but not
limited to, a driver improvement program, a treatment program for
persons who are habitual users of alcohol or other alcoholism
program, a program designed to offer alcohol services to problem
drinkers, an alcohol or drug education program, or a treatment
program for persons who are habitual users of drugs or other
drug-related program.
   (b) This section shall not apply to any attendance or
participation in any education, training, or treatment programs after
conviction and sentencing, including attendance or participation in
any of those programs as a condition of probation granted after
conviction when permitted.