Vehicle Code – VC 23540

(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103 , as specified in Section 23103.5 23152 , or 23153 , that resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).  The person’s privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) 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) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352 , the court may disallow the issuance of a restricted driver’s license required under Section 13352.5 .

(c) This section shall become operative on September 20, 2005.