California Vehicle Code Section 23540 - Penalty: Second Offense Within Ten Years

Request Free Consultation
with a DUI Attorney

For more information about driving under the influence or drunk driving, please contact our office today!

Complete the form and a lawyer or representative from The Law Office of Robert Tayac will contact you shortly.

The transmission of this e-mail inquiry regarding a California DUI or DMV case or any other legal matter does not create an attorney-client relationship with any lawyer or lawyers of The Law Office of Robert Tayac. The only way to create an attorney-client relationship with any lawyer or lawyers of this law firm is by signing a written legal services agreement and complying with its terms.

23540. (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.

Added Sec. 17.5, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

Note: This website is intended for use by those seeking information relating to California driving under the influence matters. Additionally, California laws and legal procedures such as those presented in "BayAreaDUIDefense.com" are constantly changing. Consequently, any statute, law, or procedure may have changed as a result of drunk driving laws, judicial court decisions, or California Department of Motor Vehicles (DMV) license suspension rules, regulations, policies or procedures enacted since similar information was posted on this website. Moreover, the information provided here is not intended to be legal advice and should not be relied upon as such because there is no substitute for consulting with a qualified lawyer. Accordingly, the reader is strongly advised to consult with a qualified attorney and anyone with a legal problem should immediately obtain legal representation and advice from a California DUI defense attorney or criminal defense lawyer with extensive experience handling California DUI Defense cases who is aware of the facts specific to a particular DUI case.

The Law Office of Robert Tayac assumes no liability whatsoever for any use of "BayAreaDUIDefense.com" as it is provided for informational purposes only and is not intended to be legal advice from this office or from any attorney working for this firm. Rather, the information contained in this website is intended to be a starting point for further, subsequent discussions between a reader having a specific legal problem and a qualified California DUI attorney. All readers are informed that no lawyer-client relationship is intended nor formed by any use of this website and all readers are advised, in line with the Rules of the State Bar of California, that the only way to form an attorney-client relationship with The Law Office of Robert Tayac is to sign a legal services agreement, abide by its terms and receive a legal services agreement signed by an designated representative of the firm.