Special factor which may
enhance San Diego DUI penalties, in determining whether to grant probation, and if probation is granted , in determining additional or enhanced terms and conditions including a AB-762 six (6) month alcohol school
California Vehicle Code §23578
Conviction of or Alcohol Concentration or Refusal to Take Chemical Test as Special Factor in San Diego DUI case; San Diego Drunk Driving Penalty Enhancement or Probation. In addition to any other provision of this code, if any person is convicted in San Diego of a violation of Section 23152 or 23153, the San Diego 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 which may justify enhancing the San Diego DUI penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.
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