Veh. Code, § 23577 · Article 5. Additional Penalties and Sanctions
Veh. Code, § 23577
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 or 23153, and at the time of the arrest leading to that conviction that person willfully refused a peace officer’s request to submit to, or willfully failed to complete, the breath or urine tests pursuant to Section 23612, the court shall impose the following penalties:
(1) If the person is convicted of a first violation of Section 23152, notwithstanding any other provision of subdivision (a) of Section 23538, the terms and conditions of probation shall include the conditions in paragraph (1) of subdivision (a) of Section 23538.
(2) If the person is convicted of a first violation of Section 23153, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted and no part of which may be stayed, unless the person is sentenced to, and incarcerated in, the state prison and the execution of that sentence is not stayed.
(3) If the person is convicted of a second violation of Section 23152, punishable under Section 23540, or a second violation of Section 23153, punishable under Section 23560, the punishment shall be enhanced by an imprisonment of 96 hours in the county jail, whether or not probation is granted and no part of which may be stayed, unless the person is sentenced to, and incarcerated in, the state prison and execution of that sentence is not stayed.
(4) If the person is convicted of a third violation of Section 23152, punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation is granted and no part of which may be stayed.
(5) If the person is convicted of a fourth or subsequent violation of Section 23152, punishable under Section 23550 or 23550.5, the punishment shall be enhanced by imprisonment of 18 days in the county jail, whether or not probation is granted and no part of which may be stayed.
(b) The willful refusal or failure to complete the breath or urine test required pursuant to Section 23612 shall be pled and proven.
(c) The penalties in this section do not apply to a person who refused to submit to or complete a blood test pursuant to Section 23612. This section does not prohibit imposition of administrative actions involving driving privileges.
Notes and commentary — not statutory text
History
Amended by Stats. 2018, Ch. 177, Sec. 1. (AB 2717) Effective January 1, 2019.
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=23577.
- Text hash
- sha256 4c588134b40254b3fb961531e5d09a4e1a9205b6ee5a19204531155011f860ea
- 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, § 23152Printed as Section 23152 | Section 23152 or 23153
- Veh. Code, § 23153Printed as Section 23152 or 23153 | Section 23153
- Veh. Code, § 23538Printed as Section 23538
- Veh. Code, § 23540Printed as Section 23540
- Veh. Code, § 23546Printed as Section 23546
- Veh. Code, § 23550Printed as Section 23550 or 23550.5
- Veh. Code, § 23550.5Printed as Section 23550 or 23550.5
- Veh. Code, § 23560Printed as Section 23560
- Veh. Code, § 23612Printed as Section 23612
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.