Vehicle Code Sections Related to DUI
Suspension
Negligent Operator Code
12810. In determining the violation point count, the following shall
apply:
(a) Any conviction of failure to stop in the event of an accident in
violation of Section 20001 or 20002 shall be given a value of two
points.
(b) Any conviction of a violation of Section 23152 or 23153 shall be
given a value of two points.
(c) Any conviction of reckless driving shall be given a value of two
points.
(d) (1) Any conviction of a violation of subdivision (c) of Section
192 of the Penal Code, or of Section 2800.2, subdivision
(b) of Section 21651, subdivision (b) of Section 22348, subdivision
(a) of Section 23109, subdivision (c) of Section 23109, or Section 31602
of this code, shall be given a value of two points.
(2) Any conviction of a violation of subdivision (a) or (b) of Section
23140 shall be given a value of two points.
(e) Except as provided in subdivision (g), any other traffic
conviction involving the safe operation of a motor vehicle upon the
highway shall be given a value of one point.
(f) Any accident in which the operator is deemed by the department to
be responsible shall be given a value of one point.
(g) (1) A violation of paragraph (1), (2), (3), or (5) of subdivision
(b) of Section 40001 shall not result in a violation point count being
given to the driver if the driver is not the owner of the vehicle.
(2) Any conviction of a violation of subdivision (a) of Section 21116,
Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall not be
given a violation point count.
(3) A violation of Section 23136 shall not result in a violation point
count.
(h) A conviction for only one violation arising from one occasion of
arrest or citation shall be counted in determining the violation point
count for the purposes of this section.
(i) Any conviction of a violation of Section 14601, 14601.1, 14601.2,
or 14601.3 shall be given a value of two points.
(j) Any conviction of a violation of Section 27360 within a 37-month
period shall be given a value of one point.
12810.5. (a) Except as otherwise provided in subdivision (b), any
person whose driving record shows a violation point count of four or more
points in 12 months, six or more points in 24 months, or eight or more
points in 36 months shall be prima facie presumed to be a negligent
operator of a motor vehicle.
In applying this subdivision to a driver, if the person requests and
appears at a hearing conducted by the department, the department shall
give due consideration to the amount of use or mileage traveled in the
operation of a motor vehicle.
(b) (1) Any class A or class B licensed driver, except persons holding
certificates pursuant to Section 2512, 12517, 12519, 12523, or 12523.5,
or an endorsement issued pursuant to paragraph (2) or (4) of subdivision
(a) of Section 15278, who is presumed to be a negligent operator pursuant
to subdivision (a), and who requests and appears at a hearing and is
found to have a driving record violation point count of six or more in 12
months, eight or more points in 24 months, or 10 or more points in 36
months is presumed to be a prima facie negligent operator. However, the
higher point count shall not if the department reasonably determines that
four or more points in 12 months, six or more points in 24 months, or
eight or more points in 36 months are attributable to the driver’s
operation of a vehicle requiring only a class C license, and not
requiring a certificate or endorsement, or a class M license.
(2) For purposes of this subdivision, each point assigned pursuant to
Section 12810 shall be valued at one and one-half times the value
otherwise required by that section for each violation reasonably
determined by the department to be attributable to the driver’s operation
of a vehicle requiring a class A or class B license, or requiring any
certificate or endorsement described in this section.
(c) The department may require a negligent operator whose driving
privilege is suspended or revoked pursuant to this section to submit
proof of financial responsibility, as defined in Section 16430, on or
before the date of reinstatement following the suspension or revocation.
The proof of financial responsibility shall be maintained with the
department for three years following that date of reinstatement.
(d) This section shall become operative on January 1, 1993.
Administrative Proceedings – DMV Smoke a Joint Lose Your License
VC 13202.3.
(a) The department shall immediately suspend or delay the privilege of
any person to drive a motor vehicle for six months upon receipt of a duly
certified abstract of the record of any court showing the person has been
convicted of any controlled substance offense specified in ….. For each
successive offense, the department shall suspend the person’s driving
privilege for those possessing a license or delay the eligibility for
those not in possession of a license at the time of their conviction for
an additional six months. This subdivision does not apply if , upon
conviction, the court orders the department to suspend….
(e) This section shall remain in effect only until one year following
its effective date and as of that date is repealed, unless a later
enacted statute, which is enacted before that date…
License Suspension – Commercial Drivers
VC13352.
(a) The department shall immediately suspend or revoke, or record the
court-administered suspension or revocation of, the privilege of any
person to operate a motor vehicle upon receipt of a duly certified
abstract of the record of any court showing that the person has been
convicted of a violation of Section 23152 or 23153 ….of Section 23109.
For purposes of this section, suspension or revocation shall be as
follows:
(1) Upon a conviction or finding of a violation of Section 23152
punishable under Section 23160, the privilege shall be suspended for a
period of six months if the court orders the department to suspend the
privilege, or if the court does not grant probation, or if the offense
occurred in a vehicle requiring a driving with a class A or class B
drivers license or with a certificate.. …..
However, where (A) the driving privilege is required to be suspended
by this paragraph due to the violation having occurred in vehicles
requiring a class (A) or class B driver’s license, and (B) the court
grants probation and imposes the condition specified…., The department
shall issue the person a class C driver’s license restricted in the same
manner and subject to the same conditions as specified in subdivision (e)
of Section 13352.5. If the person gives proof of ability to respond in
damages as defined…, the department shall issue the restricted license
upon receipt of an abstract of record from the court..certifying that the
court has granted probation….
(2) Upon a conviction or finding of a violation of Section 23153..
Completion of Program
13352.4
(a) (1) The department shall require a person upon whom the court has
imposed the condition of probation required by…to submit proof of the
satisfactory completion of a program licensed…with a time period set by
the department, beginning from the date of conviction….
(b) The department shall suspend the privilege to drive of any person
who is not in compliance with subdivision (a).
(c) The department shall not restore the privilege to operate a motor
vehicle after a suspension pursuant to subdivision (b) until the
department received proof of completion of a program.
Probation Violation
13352.5.
(a) Unless ordered to do so by the court upon a finding that the terms
and conditions of probation were violated, the department shall not
suspend, pursuant to paragraph (3) of subdivision (a) of Section 13352,
but shall restrict, the privilege of any person to operate a motor
vehicle upon a conviction or finding…of 23152. This requirement shall
apply only if the court has certified to the department that the court
has granted probation to the person.., the court has restricted the
privilege to operate a motor vehicle as provided in ..(23166), and the
person gives proof of financial responsibility.
(d) The restriction of the driving privilege under subdivision (a)
shall become effective 30 days from the date on which the person
consented to participate in the program specified in subdivision (a),
excluding any time of imprisonment ordered by the court. This requirement
applies only if the participating in the program specified in subdivision
(b) of section 23166
Refusal of Chemical Test
13353.
(a) If any person refuses the officer’s request to submit to, or fails
to complete, a chemical test or tests pursuant…., upon receipt of the
officer’s sworn statement that the officer had reasonable cause to
believe the person had been driving a motor vehicle in …and that person
refused to submit to, or did not complete, the test or tests 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)…two years if the refusal occurred within seven years of either
(A) a separate violation…
(3) (c) Upon 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 23152 or
23153.
(2) Whether the person was placed under arrest.
(3) Whether the person refused to submit to, or did not complete, the
test or tests after being requested by a peace officer.
(4) Whether, except for the persons described in subdivision (a) of
Section 23157 who are incapable of refusing, the person had been told
that his or her driving privilege would be suspended or revoked if he or
she did not submit to, or did not complete, the test or tests.
Refusal to Take PAS Preliminary Alcohol Screening Test
(Minor DUI)
13353.1
(a) If any person refuses an officer’s request to submit to, or fails
to complete, a preliminary alcohol screening test pursuant to Section
23157, ..and ..that the officer had reasonable cause to believe the
person had been driving a motor vehicle in violation of 23136, ..and the
person refused..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 one
year.
(2) Revoke the person’s privilege to operate a motor vehicle for a
period of 2 years if the refusal occurred within 7 years of either of the
following:
(b) The notice or the order of suspension or revocation …shall be
served on the person by the peace officer….and shall not become
effective until 30 days after the person is served….
(c) Upon receipt of the officer’s sworn statement, the department
shall review the record. …..the administrative review shall cover all
the following issues:
(1) Whether the peace officer had reasonable cause to believe the
person had been driving a motor vehicle in violation of 23136…
4 Month Suspension – Excessive BAC
13353.2
(a) The department shall immediately suspend the privilege of any
person to operate a motor vehicle for any one of the following
reasons:
(1) The person was driving a motor vehicle when the person had 0.08%
BAC.
(2) The person was under 21 and had 0.05%
(3) The person was under 21 and had 0.01% as measured by PAS, or other
test.
(e) This is a civil matter.. if a person is acquitted of criminal
charges relating to suspension..the department shall immediately
reinstate privileges. If charges are dropped or not filed the person a
renewed right to a hearing. A hearing must be made within one year from
date of arrest.
Order of Suspension
13353.3
(a) An order of suspension of a person’s privilege to operate a motor
vehicle under 13352.2 shall become effective 30 days after the person is
served with notice.
(b) The period of suspension is as follows:
(1) If no separate convictions (including 23103) the suspension is for
four months.
(2) If person has been convicted of one or more separate violations
…suspension is for one year.
Restoration of Driving Privileges
13353.4
(a) Except as provided in subdivision (b) of Section 13353.6, or
Section 13353.7 or 13353.8, the driving privilege shall not be restored,
and no restricted or hardship permit to operate a motor vehicle shall be
issued, to a person during the suspension period.
(b) The privilege to operate a motor vehicle shall not be restored
after a suspension…until all applicable fees…have been paid and the
person gives proof of financial responsibility.
(c) The privilege to operate a motor vehicle shall not be restored
after a suspension …until the person gives proof satisfactory proof of
completion of a DUI program.
Out of State Conviction
13353.5
(a) Notwithstanding subdivision (c) or (d) of Section 13353.4 if a
person whose driving privilege is suspended or revoked under 13352 or
13352.4 is a resident of another state..upon written application of the
person, terminate the suspension..for the purpose of allowing the person
to apply for a license in his or her state of residency. The application
shall include, by not be limited to, evidence satisfactory to the
department that the applicant now resides in another state.
(b) If the persons submits an application for a license after ..3
years..a license shall not be issued until …program completion.
13353.7
(a) Subject to subdivision (c) and except as provided in Section
13353.6 for persons who have commercial driver’s licenses, 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…, and if the person’s privilege to operate
a motor vehicle has not been suspended or revoked pursuant to Section
13353 or 13353.2 for an offense which occurred on a separate occasion
within seven years of the occasion in question and, if the person
subsequently enrolls in a program described in Section …., that person,
if 21 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 or to and from and in the
course of the person’s employment, or both. Notwithstanding any other
provision of law, if the person’s restricted driver’s license permits
travel to and from and in the course of his or her employment, the
person’s privilege to operate a motor vehicle shall be suspended, subject
to the restriction, for six months. 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,….., and if the
person’s privilege to operate a motor vehicle has not been suspended or
revoked pursuant to Section 13353 or 13353.2 for an offense which
occurred on a separate occasion, notwithstanding Section 13351, suspend
the person’s privilege to operate a motor vehicle for 30 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 21…and gives proof of financial
responsibility..
(3) The restricted driver’s license authorizes the operation of a
motor vehicle only to and from the activities required under the
program.
(4) If any 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 ….
(5) On or after 60 days after the effective date of the restricted
license, and upon notification of successful completion of the program,
the department may issue an unrestricted driver’s license to the
person.
Hearing – “What’s On The Table”
13557.
(a) The department shall review the determination…relating to any
person who has received a notice of an order of suspension…
(1) If the department determines in the review of the determination
made…by a preponderance of the evidence, all of the following facts,
the department shall sustain the order….
(A) That the peace officer had reasonable cause to believe that the
person had been driving….
(B) The person was placed under arrest…..
(C) That the person refused or failed to complete the chemical
test…
(D) That…the person had been told that his or her privilege …would
be suspended..if he or she refused to submit to, or complete, the
required testing.
If the department determines, by a preponderance of the evidence, that
any of those facts were not proven, the department shall rescind the
order of suspension…(and) return ..the person’s driver’s license..
13558
(Those submitting to test)
(A)….driving
(B) ..arrest
…..same as 13557 except…
(C)
(i)…had a 0.08 BAC
(ii) 0.05 under 21.
(iii) 0.01 by PAS
Suspensions
14601
(a) No person shall drive a motor vehicle at any time when that
person’s driving privilege is suspended or revoked for reckless driving
in violation of Section 23103 or 23104, ……
(b) Any person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by imprisonment in the county jail for
not less than five days or more than six months and fine of not less than
three hundred dollars ($300) or more than one thousand dollars
($1,000).
(2) If the offense occurred within five years of a prior offense which
resulted in a conviction of violation of this section …by imprisonment
in the county jail for not less than 10 days for more than one year and a
fine or not less than five hundred…or more than two thousand
dollars……
14601.1
(a) No person shall drive a motor vehicle when his or her driving
privilege is suspended or revoked for any reason other than those listed
in Section 14601, 14601.2 or 14601.5, if the person so driving has
knowledge of the suspension….
(b) Any person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by imprisonment in the county jail for
not more than six months or by a fine of not less than three hundred..or
more than one thousand …or both….
(2) If the offense occurred within five years of a prior offense which
resulted in a conviction….5 days …one year….and by a fine of not
less than $500 …or more than $2,000
14601.2
(a) No person…when that person’s driving privilege is suspended or
revoked for a conviction of a violation of Section 23152 or 23153…
(b) Except in full compliance with the restriction, no person shall
drive a motor vehicle at any time when that person’s driving privilege is
restricted …
(d) Any person convicted of a violation of this section shall be
punished as follows:
(1) Upon first conviction, by imprisonment in the county jail for not
less than 10 days…or more than six months…and by a fine of not less
than $300 or more than $1,000
(2) If the offense occurred with five years…. of a prior offense
which resulted in a conviction….5 days …one year….and by a fine of
not less than $500 …or more than $2,000….
14601.3
Habitual Traffic Offender
(a) It is unlawful for a person whose driving privilege has been
suspended or revoked to accumulate a driving record history which results
from driving during the period of suspension…. A person who violates
this subdivision is designated as a habitual traffic offender.
For purposes of this section, a driving record history means any of
the following, if the driving occurred during any period of suspension or
revocation:
(1) Two or more convictions within a 12-month period of an offense
given a violation point count of two ….
14601.5.
(a) No person shall drive a motor vehicle at any time when that
person’s driving privilege is suspended or revoked pursuant to Section
13353, 13353.1, 13353.2 and that person has knowledge of the suspension
or revocation.
(b) Except in full compliance with the restriction, no person shall
drive a motor vehicle at any time when that person’s driving privilege is
restricted pursuant to Section 13353.6, 13353.7, or 13353.8 and that
person has knowledge of the restriction>
(d) any person convicted of a violation of this section shall be
punished as follows:
(1) Upon first conviction, by imprisonment in the county jail for not
more than six months or by a fine or not less than three hundred
dollars..or more than one thousand..or by both that fine and
imprisonment.
(2) If the offense occurred with five years….
(e) the court may waive the mandatory minimum imprisonment period
..
(h) Nothing in this section prohibits a person with a suspended
license from driving a motor vehicle when emergency medical service is
needed immediately.
14601.8. The judge may, in his or her discretion, allow any person
convicted of a violation of Section 14601 or 14601.1 to serve his or her
sentence on a sufficient number of consecutive weekend days to complete
the sentence.
14602. (a) (1) Whenever a person is convicted of any of the following
offenses committed while driving a motor vehicle of which he or she is
the owner, the court, at the time sentence is imposed on the person, may
order the motor vehicle impounded for a period of not more than six
months for a first conviction, and not more than 12 months for a second
or subsequent conviction:
(A) Driving with a suspended or revoked driver’s license.
(B) A violation of Section 2800.2 resulting in an accident or Section
2800.3, if either violation occurred within seven years of one or more
separate convictions for a violation of any of the following:
(i) Section 23103, if the vehicle involved in the violation was driven
at a speed of 100 or more miles per hour.
(ii) Section 23152.
(iii) Section 23153.
(iv) Section 191.5 of the Penal Code.
(v) Subdivision (c) of Section 192 of the Penal Code.
(2) The cost of keeping the vehicle is a lien on the vehicle pursuant
to Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of
Division 3 of the Civil Code.
(b) Notwithstanding subdivision (a), any motor vehicle impounded
pursuant to this section which is subject to a chattel mortgage,
conditional sale contract, or lease contract shall be released by the
court to the legal owner upon the filing of an affidavit by the legal
owner that the chattel mortgage, conditional sale contract, or lease
contract is in default and shall be delivered to the legal owner upon
payment of the accrued cost of keeping the vehicle.
14602.6
This is the new first offense impoundment section. It provides that a
copy may tow a vehicle in accord with…and store for 30 days if driven
by any person who is eithe
