Veh. Code, § 23538 · Article 2. Penalties for a Violation of Section 23152
Veh. Code, § 23538
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) (1) If the court grants probation to person punished under Section 23536, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). The court may also impose, as a condition of probation, that the person be confined in a county jail for at least 48 hours, but not more than six months.
(2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(3) 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 or Section 13352.1, the court may disallow the issuance of a restricted driver’s license required under Section 13352.4.
(b) In any county where the board of supervisors has approved, and the State Department of Health Care Services has licensed, a program or programs described in Section 11837.3 of the Health and Safety Code, the court shall also impose as a condition of probation that the driver shall enroll and participate in, and successfully complete a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, in the driver’s county of residence or employment, as designated by the court. For the purposes of this subdivision, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given for any program activities completed prior to the date of the current violation.
(1) The court shall refer a first offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.
(2) The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.
(3) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department’s headquarters.
(c) (1) The court shall revoke the person’s probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b).
(2) The court, in establishing reporting requirements, shall consult with the county alcohol program administrator. The county alcohol program administrator shall coordinate the reporting requirements with the department and with the State Department of Health Care Services. That reporting shall ensure that all persons who, after being ordered to attend and complete a program, may be identified for either (A) failure to enroll in, or failure to successfully complete, the program, or (B) successful completion of the program as ordered.
Notes and commentary — not statutory text
History
Amended by Stats. 2013, Ch. 22, Sec. 87. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23538.
- Text hash
- sha256 076b1a964fb1ae54edda3b1dcd7d496cfb978aaad51859bb766d2ca6e56875e2
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
- Health & Saf. Code, div. 10.5, pt. 2, ch. 9Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other DrugsPrinted as Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code
- Health & Saf. Code, § 11836Printed as Section 11836 of the Health and Safety Code
- Health & Saf. Code, § 11837.3Printed as Section 11837.3 of the Health and Safety Code
Vehicle Code
- Veh. Code, § 13352Printed as Section 13352
- Veh. Code, § 13352.1Printed as Section 13352.1
- Veh. Code, § 13352.4Printed as Section 13352.4
- Veh. Code, § 13550Printed as Section 13550
- Veh. Code, § 23536Printed as Section 23536
- Veh. Code, § 23600Printed as Section 23600
- Veh. Code, § 23602Printed as Section 23602
Cited by 11 provisions
Provisions in this library whose text cites Veh. Code, § 23538. Each shows the citation as that text prints it.
Health and Safety Code
Vehicle Code
- Veh. Code, § 13352Printed as Section 23538 | Section 23538 of this code
- Veh. Code, § 13352.1Printed as Section 23538 | Section 23538 of this code
- Veh. Code, § 13352.4Printed as Section 23538 | Section 23538 of this code
- Veh. Code, § 13353.6Printed as Section 23538
- Veh. Code, § 13353.7Printed as Section 23538
- Veh. Code, § 13353.75Printed as Section 23538 of this code
- Veh. Code, § 23577Printed as Section 23538
- Veh. Code, § 23598Printed as Section 23538, 23542, 23548, 23552, 23556, 23562, or 23568
- Veh. Code, § 23655Printed as Section 23538 | Section 23538 or 23556
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.