Refusal to Submit to or Failure to Complete Chemical Test
Punishments
- 1st Offense – 23152 – standard first conditions, one year driver license suspension plus 48 hours in custody
- 2nd Offense – 23152 or 23153 – standard second conditions plus 96 hours in custody and 2 year driver license revocation
- 3rd Offense – 23152 – standard third conditions, 10 days in custody and 3 year driver license revocation
- 4th Offense – 23152 or 23152/23153 within 10 years of prior felony 23152/23153 – standard fourth or felony DUI conditions, 18 days in custody and 3 year driver license revocation California Vehicle Code §23577 & California Vehicle Code §23578
California Vehicle Code §23577
Refusal to Submit to or Failure to Complete Chemical Test by person convicted of DUI; penalties; pleading and proof If any 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 chemical test or tests pursuant to Section 23612, the court shall impose the following penalties:
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.
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.
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.
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.
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.
The willful refusal or failure to complete the chemical test required pursuant to Section 23612 shall be pled and proven.
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