Veh. Code, § 23562 · Article 3. Penalties for a Violation of Section 23153
Veh. Code, § 23562
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
If the court grants probation to a person punished under Section 23560, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be subject to either subdivision (a) or (b), as follows:
(a) Be confined in the county jail for at least 120 days and pay a fine of at least three hundred ninety dollars ($390), but not more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) 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) All of the following apply:
(1) Be confined in the county jail for at least 30 days, but not more than one year.
(2) Pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000).
(3) The privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) 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.
(4) Either of the following:
(A) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate.
(B) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation.
(c) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until the person has provided 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.
(d) This section shall become operative on September 20, 2005.
Notes and commentary — not statutory text
History
Amended by Stats. 2004, Ch. 551, Sec. 22. Effective January 1, 2005. Amended version operative September 20, 2005, pursuant to earlier operation of new subdivision (d).
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=23562.
- Text hash
- sha256 90d4b1098f6543d1e44ee3d1bbecab88d1017f84c1c75c96bc01635912cafb96
- 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
Cited by 11 provisions
Provisions in this library whose text cites Veh. Code, § 23562. Each shows the citation as that text prints it.
Health and Safety Code
- Health & Saf. Code, § 11836Printed as Section 13352, 13352.1, 23538, 23542, 23548, 23552, 23556, 23562, or 23568 of the Vehicle Code
- Health & Saf. Code, § 11837Printed as Section 23542 or 23562 of the Vehicle Code | Section 23542, 23548, 23552, 23556, 23562, or 23568 of the Vehicle Code
- Health & Saf. Code, § 11837.1Printed as Section 23542 or 23562 of the Vehicle Code
- Health & Saf. Code, § 11837.2Printed as Section 23542 or 23562 of the Vehicle Code
Vehicle Code
- Veh. Code, § 13352Printed as Section 23562 of this code
- Veh. Code, § 23548Printed as Section 23562
- Veh. Code, § 23552Printed as Section 23562
- Veh. Code, § 23568Printed as Section 23562
- Veh. Code, § 23598Printed as Section 23538, 23542, 23548, 23552, 23556, 23562, or 23568
- Veh. Code, § 23655Printed as Section 23562
- 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.