California Vehicle
Code VC 23536 - Penalty: First Conviction.23536. (a) If a 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 a 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) The person's privilege
to operate a motor vehicle shall be suspended by the department under 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. (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 (1) of subdivision (a) of Section 13352,
the court may disallow the issuance of a restricted driver's license required
under Section 13352.4. (e) This section shall become operative on September
20, 2005. Amended Sec. 11, Ch. 756, Stats. 1998. Effective January 1, 1999.
Operative July 1, 1999. Supersedes Ch. 118.
Amended and renumbered from 23160
Sec. 19, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1, 1999.
Amended Sec. 19, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended
Sec. 15, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September
20, 2005. California
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