De Kamp, 012783 CAAGO, AGO 82-813

Docket Nº:AGO 82-813
Case Date:January 27, 1983
Court:California
 
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JOHN K. VAN DE KAMP Attorney General
JOHN T. MURPHY Deputy Attorney General
AGO 82-813
No. 82-813
California Attorney General Opinion
Office of the Attorney General State of California
January 27, 1983
         THE HONORABLE CLAIR A. CARLSON, COUNTY COUNSEL, SANTA CRUZ COUNTY, requests an opinion on the following questions:          May jail sentences imposed under the drunk driving laws (Veh. Code §§ 23152 et seq.) be satisfied by periods of labor on public works (Pen. Code § 4024.2)? If so, how many hours of labor on public works are required to serve a 48-hour or a 96hour jail sentence for drunk driving?          CONCLUSION          A person sentenced to jail for drunk driving may, if authorized by the county under Penal Code section 4024.2, perform 10 hours of labor on public works in lieu of one day of confinement. A person sentenced to a term of 48 hours or of 96 hours for drunk driving may satisfy his or her sentence by performing public labor of 20 or 40 hours, respectively.          ANALYSIS          Vehicle Code section 23152 makes it unlawful for any person who is under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage or any drug, or who has 0.10 percent or more by weight of alcohol in his or her blood, or who is addicted to the use of any drug, to drive a vehicle. Varying degrees of punishment for the crime, which is commonly known as drunk driving, are found in Vehicle Code sections 23160, 23161, 23165, 23166, 23170, 23171 and 23206.          For a first violation of drunk driving the punishment includes "imprisonment in the county jail for not less than 96 hours nor more than six months . . . ." (Veh. Code § 23160(a).) If the court grants probation to a first offender a condition of that probation may be confinement "in the county jail for at least 48 hours but not more than six months . . . ." (Veh. Code § 23161(a)(1).) For a second offense within five years, the punishment includes "imprisonment in the county jail for not less than 90 days nor more than one year . . . ." (Veh. Code § 23165.) If the second-time offender receives probation, mandatory alternative conditions of probation include jail confinement for "at least 10 days but not more than one year" or "at least 48 hours but not more than one year." (Veh. Code § 23166, subds. (a) and (b).)          We are asked whether or not the periods of confinement imposed as results of drunk driving convictions may be satisfied by periods of labor on public works, as set forth in Penal Code section 4024.2. Penal Code section 4024.2 provides:
"(a) Notwithstanding any
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