23578. factors for penalties and probation determinations

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 chemical test, as a special factor that may justify enhancing the penalties in sentencing, in determin-ing whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.