Driving When Privilege Suspended or Revoked
for Refusing Chemical Test or Driving with Excessive Blood
Alcohol
(a) A person may not drive a motor vehicle at any time
when that person's driving privilege is suspended or revoked
pursuant to Section 13353, 13353.1, or 13353.2 and that
person has knowledge of the suspension or revocation.
(b) Except in full compliance with the restriction, a person
may not drive a motor vehicle at any time when that person's
driving privilege is restricted pursuant to Section 13353.7
or 13353.8 and that person has knowledge of the restriction.
(c) Knowledge of suspension, revocation, or restriction
of the driving privilege shall be conclusively presumed
if notice has been given by the department to the person
pursuant to Section 13106. The presumption established by
this subdivision is a presumption affecting the burden of
proof.
(d) A person convicted of a violation of this section is
punishable, as follows:
(1) Upon a first conviction, by imprisonment in the county
jail for not more than six months or by a fine of not less
than three hundred dollars ($300) or more than one thousand
dollars ($1,000), or by both that fine and imprisonment.
(2) If the offense occurred within five years of a prior
offense that resulted in a conviction for a violation of
this section or Section 14601, 14601.1, 14601.2, or 14601.3,
by imprisonment in the county jail for not less than 10
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).
(e) In imposing the minimum fine required by subdivision
(d), the court shall take into consideration the defendant's
ability to pay the fine and may, in the interest of justice,
and for reasons stated in the record, reduce the amount
of that minimum fine to less than the amount otherwise imposed.
(f) This section does not prohibit 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
(d) of Section 12500.
(g) When the prosecution agrees to a plea of guilty or
nolo contendere to a charge of a violation of this section
in satisfaction of, or as a substitute for, an original
charge of a violation of Section 14601.2, and the court
accepts that plea, except, in the interest of justice, when
the court finds it would be inappropriate, the court shall,
pursuant to Section 23575, require the person convicted,
in addition to any other requirements, to install a certified
ignition interlock device on any vehicle that the person
owns or operates for a period not to exceed three years.
(h) 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.
(i) This section shall become operative on September 20,
2005.
Added Sec. 13.5, Ch. 952, Stats. 2004. Effective January
1, 2005. Operative Sepember 20, 2005.
