
Quoting
Halfajap
So does this mean you are in agreement with me in that - a person convicted of DUID only CVC23152(a) who was sentenced and served a 180 day sentence is NOT required to attend a DUI class before getting their license reinstated? So long as the 6 months mandatory suspension time has elapsed?
There is a little more to it than that ... it depends on BAC as well as the issue of probation.
Here's what the code section says:
23538. (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 Alcohol and Drug Programs 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
Alcohol and Drug Programs. 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.