Driving When Privilege Suspended or Revoked
for Driving Under the Influence, With Excessive Blood Alcohol,
or When Addicted
(a) No person shall drive a motor vehicle at any time
when that person's driving privilege is suspended or revoked
for a conviction of a violation of Section 23152 or 23153
if the person so driving has knowledge of the suspension
or revocation.
(b) Except in full compliance with the restriction, no
person shall drive a motor vehicle at any time when that
person's driving privilege is restricted, if the person
so driving has knowledge of the restriction.
(c) Knowledge of suspension or revocation of the driving
privilege shall be conclusively presumed if mailed notice
has been given by the department to the person pursuant
to Section 13106. Knowledge of restriction of the driving
privilege shall be presumed if notice has been given by
the court to the person. The presumption established by
this subdivision is a presumption affecting the burden of
proof.
(d) Any person convicted of a violation of this section
shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county
jail for not less than 10 days or more than six months and
by a fine of not less than three hundred dollars ($300)
or more than one thousand dollars ($1,000), unless the person
has been designated an habitual traffic offender under subdivision
(b) of Section 23546, subdivision (1) (b) of Section 23550,
or subdivision (2) (d) of Section 23550.5, in which case
the person, in addition, shall be sentenced as provided
in paragraph (3) of subdivision (e) of Section 14601.3.
(2) If the offense occurred within five years of a prior
offense that resulted in a conviction of a violation of
this section or Section 14601, 14601.1, or 14601.5, by imprisonment
in the county jail for not less than 30 days or more than
one year and by a fine of not less than five hundred dollars
($500) or more than two thousand dollars ($2,000), unless
the person has been designated an habitual traffic offender
under subdivision (b) of Section 23546, subdivision (b)
of Section 23550, or subdivision (d) of Section 23550.5,
in which case the person, in addition, shall be sentenced
as provided in paragraph (3) of subdivision (e) of Section
14601.3.
(e) If a person is convicted of a first offense under this
section and is granted probation, the court shall impose
as a condition of probation that the person be confined
in the county jail for at least 10 days.
(f) If the offense occurred within five years of a prior
offense that resulted in a conviction of a violation of
this section or Section 14601, 14601.1, or 14601.5 and is
granted probation, the court shall impose as a condition
of probation that the person be confined in the county jail
for at least 30 days.
(g) If any person is convicted of a second or subsequent
offense that results in a conviction of this section within
seven years, but over five years, of a prior offense that
resulted in a conviction of a violation of this section
or Section 14601, 14601.1, or 14601.5 and is granted probation,
the court shall impose as a condition of probation that
the person be confined in the county jail for at least 10
days.
(h) Pursuant to Section 23575, the court shall require
any person convicted of a violation of this section to install
a certified ignition interlock device on any vehicle the
person owns or operates.
(i) Nothing in this section prohibits a person who is participating
in, or has completed, an alcohol or drug rehabilitation
program from driving a motor vehicle that is owned or utilized
by the person's employer, during the course of employment
on private property that is owned or utilized by the employer,
except an offstreet parking facility as defined in subdivision
(c) of Section 12500.
(j) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg
Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing
with Section 38000)) applies as to off-highway motor vehicles,
as described in Section 38001.
(k) This section shall become operative on September 20,
2005.
Added Sec. 16.5, Ch. 908, Stats. 2004. Effective January
1, 2005. Operative September 20, 2005.
Amended Sec. 22, Ch. 279, Stats. 2005. Effective January 1,
2006.
The 2005 amendment added the italicized material, and at the
point(s) indicated, deleted the following:
1. “(d)”
2. “(b)”
