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 breath or urine 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.
Cal. Veh. Code § 23578
Additional Penalties and Sanctions
Applied in 2 court decisions — leading case People v. Wolfe (2018)
Most recently applied in 245 Cal. Rptr. 3d 435 - Wade v. Superior Court (March 2019)
Amended by Stats. 2018, Ch. 177, Sec. 2
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.