California Vehicle Code

§ 23103.5

VEH § 23103.5 Effective Jan 1, 2026Div. 11 · Ch. 12 · Art. 1

Statute text

(a)If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense.

(b)The court shall advise the defendant, prior to the acceptance of the plea offered pursuant to a factual statement pursuant to subdivision (a), of the consequences of a conviction of a violation of Section 23103 as set forth in subdivision (c).

(c)If the court accepts the defendant’s plea of guilty or nolo contendere to a charge of a violation of Section 23103 and the prosecutor’s statement under subdivision (a) states that there was consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, as specified in those sections.

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Legislative history

Amended (as amended by Stats. 2016, Ch. 783, Sec. 24) by Stats. 2025, Ch. 689, Sec. 18. (AB 366) Effective January 1, 2026. Repealed as of January 1, 2033, by its own provisions. See later operative version, as amended by Sec. 19 of Stats. 2025, Ch. 689.