Suspension and Revocation by Department
Cal. VEH § 13353.8
California Statutes
(
a) After the department has issued an order suspending or delaying driving privileges as a result of a violation of subdivision (
a) of
Section 23136, the department, upon the petition of the person affected, may review the order and may impose restrictions on the person’s privilege to drive based upon a showing of a critical need to drive, if the department determines that, within years of the current violation of
Section 23136, the person has not violated
Section or been convicted of a separate violation of
Section 23140, 23152, or 23153, or of
Section 23103, with a plea of guilty under
Section 23103.5, or of
Section 191.5 or subdivision (
a) of
Section 192.5 of, the Penal Code, and that the person’s driving privilege has not been suspended or revoked under
Section 13353, 13353.1, or 13353.2 within that 10-year period. (
b) For purposes of this section, a conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in this state, would be a violation of
Section 23103, as specified in
Section 23103.5, or
Section 23140, 23152, 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 Code or Penal Code. (
c) As used in this section, “critical need to drive” means the circumstances that are required to be shown for the issuance of a junior permit pursuant to
Section 12513. (
d) The restriction shall be imposed not earlier than the 31st day after the date the order of suspension became effective and shall remain in effect for the balance of the period of suspension or restriction in this section.