Section 23103.5.
(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.
(d) The court shall
notify the Department of Motor
Vehicles of each conviction of
Section 23103 that is required under
this section to be a prior offense
for purposes of Section 23540,
23546, 23550, 23560, 23566, or
23622.
(e) Except as
provided in paragraph (1) of
subdivision (f), if the court places
the defendant on probation for a
conviction of Section 23103 that is
required under this section to be a
prior offense for purposes of
Section 23540, 23546, 23550, 23560,
23566, or 23622, the court shall
order the defendant to enroll in an
alcohol and drug education program
licensed under Chapter 9 (commencing
with Section 11836) of Part 2 of
Division 10.5 of the Health and
Safety Code and complete, at a
minimum, the educational component
of that program, as a condition of
probation. If compelling
circumstances exist that mitigate
against including the education
component in the order, the court
may make an affirmative finding to
that effect. The court shall state
the compelling circumstances and the
affirmative finding on the record,
and may, in these cases, exclude the
educational component from the
order.
(f) (1) If the court
places on probation a defendant
convicted of a violation of Section
23103 that is required under this
section to be a prior offense for
purposes of Section 23540, 23546,
23550, 23560, 23566, or 23622, and
that offense occurred within 10
years of a separate conviction of a
violation of Section 23103, as
specified in this section, or within
10 years of a conviction of a
violation of Section 23152 or 23153,
the court shall order the defendant
to participate for nine months or
longer, as ordered by the court, in
a program licensed under Chapter 9
(commencing with Section 11836) of
Part 2 of Division 10.5 of the
Health and Safety Code that consists
of at least 60 hours of program
activities, including education,
group counseling, and individual
interview sessions.
(2) The court shall
revoke the person's probation,
except for good cause shown, for the
failure to enroll in, participate
in, or complete a program specified
in paragraph (1).
(g) The Department
of Motor Vehicles shall include in
its annual report to the Legislature
under Section 1821 an evaluation of
the effectiveness of the programs
described in subdivisions (e) and
(f) as to treating persons convicted
of violating Section 23103.
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