Chapter 3Probation

Section § 23600

Explanation

If someone is found guilty of DUI (driving under the influence) or causing injury while DUI in California, the court must sentence them without delay. Probation, if granted, must include 3-5 years of monitoring, and the person cannot drive with any alcohol in their blood or refuse blood alcohol testing if arrested again for DUI. They must also not break any laws. The court cannot waive the required jail time or fines. If someone on probation violates the alcohol limits or refuses testing and had a blood alcohol level over 0.04%, the court will revoke their probation. The person may face a new probation term with mandatory jail time of at least 48 hours for each violation, unless a judge decides it's not in the best interest of justice.

(a)CA Vehicle Code § 23600(a) If any person is convicted of a violation of Section 23152 or 23153, the court shall not stay or suspend pronouncement of sentencing, and shall pronounce sentence in conjunction with the conviction in a reasonable time, including time for receipt of any presentence investigation report ordered pursuant to Section 23655.
(b)CA Vehicle Code § 23600(b) If any person is convicted of a violation of Section 23152 or 23153 and is granted probation, the terms and conditions of probation shall include, but not be limited to, the following:
(1)CA Vehicle Code § 23600(b)(1) Notwithstanding Section 1203a of the Penal Code, a period of probation not less than three nor more than five years; provided, however, that if the maximum sentence provided for the offense may exceed five years in the state prison, the period during which the sentence may be suspended and terms of probation enforced may be for a longer period than three years but may not exceed the maximum time for which sentence of imprisonment may be pronounced.
(2)CA Vehicle Code § 23600(b)(2) A requirement that the person shall not drive a vehicle with any measurable amount of alcohol in his or her blood.
(3)CA Vehicle Code § 23600(b)(3) A requirement that the person, if arrested for a violation of Section 23152 or 23153, shall not refuse to submit to a chemical test of his or her blood, breath, or urine, pursuant to Section 23612, for the purpose of determining the alcoholic content of his or her blood.
(4)CA Vehicle Code § 23600(b)(4) A requirement that the person shall not commit any criminal offense.
(c)CA Vehicle Code § 23600(c) The court shall not absolve a person who is convicted of a violation of Section 23152 or 23153 from the obligation of spending the minimum time in confinement, if any, or of paying the minimum fine imposed by law.
(d)CA Vehicle Code § 23600(d) In addition to any other provision of law, if any person violates paragraph (2) or (3) of subdivision (b) and the person had a blood alcohol concentration of over 0.04 percent as determined by a chemical test, the court shall revoke or terminate the person’s probation as provided by Section 23602, regardless of any other proceeding, and shall only grant a new term of probation of not more than five years on the added condition that the person be confined in the county jail for not less than 48 hours for each of these violations of probation, except in unusual cases where the interests of justice would best be served if this additional condition were not imposed.
DUI probation DUI sentencing blood alcohol test probation violation chemical test refusal county jail confinement minimum jail time probation conditions blood alcohol concentration driving restrictions probation revocation continuation of probation additional probation conditions mandatory probation terms probation maximum duration
(Amended by Stats. 1999, Ch. 22, Sec. 40.6. Effective May 26, 1999. Operative July 1, 1999, by Sec. 46 of Ch. 22.)

Section § 23601

Explanation

This law states that if you're ordered to pay fines, restitution, or other fees as part of probation for offenses like DUI, these payments are enforced like regular money judgments. If you don't pay during your probation period, it counts as breaking your probation terms. However, if the court puts a pause (or 'stay') on your fine payments, you won't face penalties for not paying until that pause is lifted.

(a)CA Vehicle Code § 23601(a) Except as provided in subdivision (c), an order to pay any fine, restitution, or assessment, imposed as a condition of the grant of probation or as part of a judgment of conditional sentence for a violation of Section 23152 or 23153, may be enforced in the same manner provided for the enforcement of money judgments.
(b)CA Vehicle Code § 23601(b) A willful failure to pay any fine, restitution, or assessment during the term of probation is a violation of the terms and conditions of probation.
(c)CA Vehicle Code § 23601(c) If an order to pay a fine as a condition of probation is stayed, a writ of execution shall not be issued, and any failure to pay the fine is not willful, until the stay is removed.
DUI fines probation terms money judgments enforcement of fines violation of probation stay of payment restitution enforcement conditional sentence failure to pay fines writ of execution willful failure Section 23152 Section 23153 conditional probation stay of execution
(Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)

Section § 23602

Explanation

If someone is convicted of certain DUI offenses and put on probation instead of serving their sentence, but then they break the probation rules, the court will cancel the probation and enforce the original sentence. They'll follow procedures explained in another law (Section 1203.2 of the Penal Code).

Except as otherwise expressly provided in this code, if a person has been convicted of a violation of Section 23152 or 23153 and the court has suspended execution of the sentence for that conviction and has granted probation, and during the time of that probation, the person is found by the court to have violated a required term or condition of that probation, the court shall revoke the suspension of sentence, revoke or terminate probation, and shall proceed in the manner provided in subdivision (c) of Section 1203.2 of the Penal Code.
DUI conviction probation violation sentence suspension sentence execution court procedure probation revocation Section 23152 Section 23153 Section 1203.2 termination of probation California Vehicle Code conditions of probation violation consequences repeat offender penalties
(Amended by Stats. 1999, Ch. 22, Sec. 41. Effective May 26, 1999. Operative July 1, 1999, by Sec. 46 of Ch. 22.)