| VEHICLE CODE SECTION 23502 |
| (a) |
Notwithstanding any other
provision of law, if a person who is at least 18 years
of age is convicted of a first violation of Section
23140, in addition to any penalties, the court shall
order the person to attend a program licensed under
Section 11836 of the Health and Safety Code, subject
to a fee schedule developed under paragraph (2) of subdivision
(b) of Section 11837.4 of the Health and Safety Code.
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| (b) |
The attendance in a licensed driving-under-the-influence
program required under subdivision (a) shall be as follows:
(1) If, within seven years of the current violation
of Section 23140, the person has not been convicted
of a separate violation of Section 23140, 23152, or
23153, or of Section 23103, with a plea of guilty under
Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or paragraph
(3) of subdivision (c) of Section 192 of, the Penal
Code, the person shall complete, at a minimum, the education
component of that licensed driving-under-the-influence
program. (2) If the person does not meet the requirements
of paragraph (1), the person shall complete, at a minimum,
the program described in paragraph (1) of subdivision
(c) of Section 11837 of the Health and Safety Code.
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| (c) |
The person's privilege to operate a motor
vehicle shall be suspended by the department as required
under Section 13352.6, and the court shall require the
person to surrender his or her driver's license to the
court in accordance with Section 13550. |
| (d) |
The court shall advise the person at
the time of sentencing that the driving privilege will
not be restored until the person has provided the department
with proof satisfactory to the department that the person
has successfully completed the driving under the influence
program required under this section.
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