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HomeVehicle CodeDiv. 11.5Ch. 2Art. 3§ 23562 Dui Probation Jail Fines

§ 23562 Dui Probation Jail Fines

Vehicle Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 23562 Dui Probation Jail Fines

This law says that if someone is given probation for a serious drunk driving offense, they must either spend at least 120 days in jail and pay a fine, or spend at least 30 days in jail, pay a smaller fine, and complete a long drunk driving program.

Key Takeaways

  • •If you get probation for a serious drunk driving offense, you have to choose between two punishment options.
  • •Option 1: Spend at least 120 days in jail and pay a fine between $390 and $5,000.
  • •Option 2: Spend at least 30 days in jail, pay a fine between $390 and $1,000, and complete a drunk driving program for 18 or 30 months.
  • •Your driver's license will be taken away and you won't get it back until you finish the program.

Example

John was caught driving drunk and it's not his first time. The judge gives him probation.

John has to choose between two options: spend 120 days in jail and pay a fine, or spend 30 days in jail, pay a smaller fine, and go to a drunk driving program for 18 or 30 months.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 23562 Dui Probation Jail Fines

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. (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).)

Last verified: January 9, 2026

Key Terms

probationcounty jailfinedriver’s license revocationdriving-under-the-influence program

Related Statutes

  • § 23556 Dui Probation Penalties
  • § 23568 Probation Conditions Dui
  • § 13351 Driver License Revocation Crimes
  • § 13352.2 Dui Program Proof Requirements
  • § 13352.5 Restricted License After Dui

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Vehicle Code. Section 23562.
View Official Source