Veh. Code, § 23540 · Article 2. Penalties for a Violation of Section 23152
Veh. Code, § 23540
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) 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.
(b) 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 (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver’s license required under Section 13352.5.
(c) This section shall become operative on September 20, 2005.
Notes and commentary — not statutory text
History
Repealed (in Sec. 17.3) and added by Stats. 2004, Ch. 551, Sec. 17.5. Effective January 1, 2005. Section operative September 20, 2005, by its own provisions.
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=23540.
- Text hash
- sha256 cdfd9404d0b506c20cccb2dfad1c0ecbbb7e81feea55521a1432948ab83a2100
- 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.
Vehicle Code
- Veh. Code, § 13352Printed as Section 13352
- Veh. Code, § 13352.5Printed as Section 13352.5
- Veh. Code, § 13550Printed as Section 13550
- Veh. Code, § 23103Printed as Section 23103
- Veh. Code, § 23103.5Printed as Section 23103.5, 23152, or 23153
- Veh. Code, § 23152Printed as Section 23103.5, 23152, or 23153 | Section 23152
- Veh. Code, § 23153Printed as Section 23103.5, 23152, or 23153
Cited by 11 provisions
Provisions in this library whose text cites Veh. Code, § 23540. Each shows the citation as that text prints it.
Vehicle Code
- Veh. Code, § 13352Printed as Section 23540
- Veh. Code, § 13352.5Printed as Section 23540
- Veh. Code, § 23103.5Printed as Section 23540, 23546, 23550, 23560, 23566, or 23622
- Veh. Code, § 23217Printed as Section 23540, 23546, 23550, 23560, 23566, 23622, or 23640
- Veh. Code, § 23542Printed as Section 23540
- Veh. Code, § 23572Printed as Section 23540
- Veh. Code, § 23575.3Printed as Section 23540
- Veh. Code, § 23577Printed as Section 23540
- Veh. Code, § 23580Printed as Section 23540, 23546, 23550, 23550.5, 23560, or 23566
- Veh. Code, § 23665Printed as Section 23540, 23542, 23546, 23548, 23550, 23550.5, 23552, 23554, 23556, 23558, 23560, 23562, 23566, or 23568
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.