Suspension and Revocation by Department
Cal. VEH § 13353.1
California Statutes
(
a) If a person refuses an officer’s request to submit to, or fails to complete, a preliminary alcohol screening test pursuant to
Section or 13389, upon the receipt of the officer’s sworn statement, submitted pursuant to
Section 13380, that the officer had reasonable cause to believe the person had been driving a motor vehicle in violation of
Section or 23154, and that the person had refused to submit to, or did not complete, the test after being requested by the officer, the department shall do one of the following:
(1) Suspend the person’s privilege to operate a motor vehicle for a period of one year.
(2) Revoke the person’s privilege to operate a motor vehicle for a period of two years if the refusal occurred within years of either of the following: (
A) A separate violation of subdivision (
a) of
Section 23136, that resulted in a finding of a violation, or a separate violation, that resulted in a conviction, of
Section 23103, as specified in
Section 23103.5, of
Section 23140, 23152, or 23153, or of
Section 191.5 or subdivision (
a) of
Section 192.5 of the Penal Code. (
B) A suspension or revocation of the person’s privilege to operate a motor vehicle if that action was taken pursuant to this
section or
Section or 13353.2 for an offense that occurred on a separate occasion.
(3) Revoke the person’s privilege to operate a motor vehicle for a period of three years if the refusal occurred within years of any of the following: (
A) Two or more separate violations of subdivision (
a) of
Section 23136, that resulted in findings of violations, or two or more separate violations, that resulted in convictions, of
Section 23103, as specified in
Section 23103.5, of
Section 23140, 23152, or 23153, or of
Section 191.5 or subdivision (
a) of
Section 192.5 of the Penal Code, or any combination thereof. (
B) Two or more suspensions or revocations of the person’s privilege to operate a motor vehicle if those actions were taken pursuant to this section, or
Section or 13353.2, for offenses that occurred on separate occasions. (
C) Any combination of two or more of the convictions or administrative suspensions or revocations described in subparagraph (
A) or (B). (
b) For the purposes of this section, a conviction of an offense in any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of
Section 23103, as specified in
Section 23103.5, or
Section 23140, 23152, or 23153, or
Section 191.5 or subdivision (
a) of
Section 192.5 of the Penal Code, is a conviction of that particular
section of the Vehicle or Penal Code. (
c) The notice of the order of suspension or revocation under this
section shall be served on the person by the peace officer pursuant to
Section and shall not become effective until days after the person is served with that notice. The notice of the order of suspension or revocation shall be on a form provided by the department. If the notice of the order of suspension or revocation has not been served by the peace officer pursuant to
Section 13388, the department immediately shall notify the person in writing of the action taken. The peace officer who serves the notice, or the department, if applicable, also shall provide, if the officer or department, as the case may be, determines that it is necessary to do so, the person with the appropriate non-English notice developed pursuant to subdivision (
d) of
Section 14100. (
d) Upon the receipt of the officer’s sworn statement, the department shall review the record. For the purposes of this section, the scope of the administrative review shall cover all of the following issues:
(1) Whether the peace officer had reasonable cause to believe the person had been driving a motor vehicle in violation of
Section 23136.
(2) Whether the person was lawfully detained.
(3) Whether the person refused to submit to, or did not complete, the test after being requested to do so by a peace officer. (
e) The person may request an administrative hearing pursuant to
Section 13558. Except as provided in subdivision (
e) of