California Vehicle Code

§ 23577

VEH § 23577 Effective Jan 1, 2019Div. 11.5 · Ch. 2 · Art. 5

Statute text

(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.

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Legislative history

Amended by Stats. 2018, Ch. 177, Sec. 1. (AB 2717) Effective January 1, 2019.