V C Section 23578 Excessive Blood Alcohol or Refusal to Take Chemical Testing Enhanced Penalties

Excessive Blood Alcohol or Refusal to Take Chemical Testing: Enhanced Penalties

23578.  In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person’s blood of 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 1, Ch. 89, Stats. 2005. Effective January 1, 2006.