California Vehicle Code §23578
Conviction of §23152 or §23153 Alcohol Concentration or Refusal to Take Chemical Test as Special Factor; Penalty Enhancement or Probation In addition to any other provision of this code, if any 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 0.20 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 penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.