Suspension and Revocation by Department
Cal. VEH § 13353.7
California Statutes
(
a) Subject to subdivision (c), if the person whose driving privilege has been suspended under
Section 13353.2 has not been convicted of, or found to have committed, a separate violation of
Section 23103, as specified in
Section 23103.5, or
Section 23140, 23152, or of this code, or
Section 191.5 or subdivision (
a) of
Section 192.5 of the Penal Code, and if the person’s privilege to operate a motor vehicle has not been suspended or revoked pursuant to
Section or 13353.2 for an offense that occurred on a separate occasion within years of the occasion in question and, if the person subsequently enrolls in a driving-under-the-influence program licensed under
Section of the Health and Safety Code, as described in subdivision (
b) of
Section 23538, that person, if years of age or older at the time the offense occurred, may apply to the department for a restricted driver’s license limited to travel to and from the activities required by the program and to and from and in the course of the person’s employment. After receiving proof of enrollment in the program, and if the person has not been arrested subsequent to the offense for which the person’s driving privilege has been suspended under
Section 13353.2 for a violation of
Section 23103, as specified in
Section 23103.5, or
Section 23140, 23152, or of this code, or
Section 191.5 or subdivision (
a) of
Section 192.5 of the Penal Code, and if the person’s privilege to operate a motor vehicle has not been suspended or revoked pursuant to
Section or 13353.2 for an offense that occurred on a separate occasion, notwithstanding
Section 13551, the department shall, after review pursuant to
Section 13557, suspend the person’s privilege to operate a motor vehicle for days and then issue the person a restricted driver’s license under the following conditions:
(1) The program shall report any failure to participate in the program to the department and shall certify successful completion of the program to the department.
(2) The person was years of age or older at the time the offense occurred and gives proof of financial responsibility as defined in
Section 16430.
(3) The restriction shall be imposed for a period of five months.
(4) If a person who has been issued a restricted license under this
section fails at any time to participate in the program, the department shall suspend the restricted license immediately. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (
b) of
Section 13353.2 for the period specified in
Section 13353.3, that is effective upon receipt by the person. (
b) Notwithstanding subdivision (a), and upon a conviction of
Section or 23153, the department shall suspend or revoke the person’s privilege to operate a motor vehicle under
Section 13352. (
c) If the driver was operating a commercial vehicle, as defined in
Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege under
Section 13353.2, the department shall, pursuant to this section, if the person is otherwise eligible, issue the person a class C or class M driver’s license restricted in the same manner and subject to the same conditions as specified in subdivision (a), except that the license may not allow travel to and from or in the course of the person’s employment. (
d) If the holder of a commercial driver’s license was operating a motor vehicle, other than a commercial vehicle as defined in
Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege pursuant to
Section 13353.2, the department shall, pursuant to this section, if the person is otherwise eligible, issue the person a class C or class M driver’s license restricted in the same manner and subject to the same conditions as specified in subdivision (a). (
e) This
section does not apply to a person whose driving privilege has been suspended or revoked pursuant to
Section or 13353.2 for an offense that occurred on a separate occasion, or as a result of a conviction of a separate violation of
Section 23103, as specified in
Section 23103.5, or
Section 23140, 23152, or 23153, when that violation occurred within years of the offense in question. This subdivision shall be operative only so long as a one-year suspension of the driving privilege for a second or subsequent occurrence or offense, with no restricted or hardship licenses permitted, is required by