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California Vehicle Code § 23578

California DUI statute · Effective January 1, 2019 · Checked against the official text September 10, 2026 · How we research and review these pages

What this section governs

Sentencing factors for a DUI conviction with a blood alcohol of 0.15 percent or more or a refused breath or urine test.

Plain-language summary

When a person is convicted of a violation of Vehicle Code § 23152 or § 23153, this section directs the sentencing court to consider either of two facts as a special factor that may justify a harsher outcome: a concentration of alcohol in the person’s blood of 0.15 percent or more, by weight, or a refusal by the person to take a breath or urine test. The factor may justify enhancing the penalties in sentencing, may bear on whether to grant probation, and, if probation is granted, may bear on additional or enhanced terms and conditions of probation. The section operates in addition to any other provision of the Vehicle Code. What it does not do is set an amount: considering the factor is mandatory, but the text says only that the factor may justify enhancement, and the section names no jail term, fine or license sanction of its own. Its refusal trigger is written as a refusal to take a breath or urine test, and the section mentions no other kind of test. The official page places the section in Division 11.5, Sentencing for Driving While Under the Influence, and, within that division, in Chapter 2, Court Penalties, and Article 5, Additional Penalties and Sanctions. The current text was amended by Stats. 2018, ch. 177 (AB 2717), effective January 1, 2019.

Official text (excerpt)

Vehicle Code - VEH

[…] DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675]

[…] CHAPTER 2. Court Penalties [23530 - 23598]

[…] ARTICLE 5. Additional Penalties and Sanctions [23573 - 23582]

[…] 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 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. (Amended by Stats. 2018, Ch. 177, Sec. 2. (AB 2717) Effective January 1, 2019.)

Source: California Legislature, accessed September 10, 2026. The excerpt is reproduced verbatim; read the full section on the official site before relying on it.

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