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California Vehicle Code Section 23542 - Conditions of Probation: Second Offense Within Ten Years23542. (a) (1) If the court grants probation to a 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 confined in county jail and fined under either of the following: (A) 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). (B) For at least 96 hours, 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). 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) The person's privilege to operate a motor vehicle shall be suspended by the department under 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) In addition to the conditions specified in subdivision (a), the court shall require the person to do either of the following: (1) 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. (2) 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 proof satisfactory to the Department of Motor Vehicles of successful completion of a driving-under-the-influence program of the length required under this code licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department's headquarters. (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 (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver's license required under Section 13352.5. (e) This section shall become operative on September 20, 2005. Added Sec. 18.5, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005. << Return to California Vehicle Codes Home > DMV Hearing > California Vehicle Code > VC Section 23542 - Conditions of Probation: Second Offense Within Ten Years Note: This website is intended for use by those seeking information relating to California driving under the influence (DUI), or driving while intoxicated (DWI) matters. Additionally, 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. 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