First Offense Under California DUI Law

13352.4. (a) Except as provided in subdivision (h), the
department shall issue a restricted driver’s license
to a person whose driver’s license was suspended under
paragraph (1) of subdivision (a) of Section 13352, if the person meets
all of the following requirements:

(1) Submits proof satisfactory to the department of
enrollment in, or completion of, a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code, as
described in subdivision (b) of Section 23538.

(2) Submits proof of financial responsibility, as defined
in Section 16430.

(3) Pays all applicable reinstatement or reissue fees and
any restriction fee required by the department.

(b) The restriction of the driving privilege shall become
effective when the department receives all of the documents and fees
required under subdivision (a) and shall remain in effect until the final
day of the original suspension imposed under paragraph (1) of subdivision
(a) of Section 13352, or until the date all reinstatement requirements
described in Section 13352 have been met, whichever date is later, and
may include credit for any suspension period served under subdivision (c)
of Section 13353.3.

(c) The restriction of the driving privilege shall be
limited to the hours necessary for driving to and from the
person’s place of employment, driving during the
course of employment, and driving to and from activities required in the
driving-under-the-influence program.

(d) Whenever the driving privilege is restricted under
this section, proof of financial responsibility, as defined in Section
16430, shall be maintained for three years. If the person does not
maintain that proof of financial responsibility at any time during the
restriction, the driving privilege shall be suspended until the proof
required under Section 16484 is received by the department.

(e) For the purposes of this section, enrollment,
participation, and completion of an approved program shall be subsequent
to the date of the current violation. Credit may not be given to a
program activity completed prior to the date of the current
violation.

(f) The department shall terminate the restriction issued
under this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352
immediately upon receipt of notification from the
driving-under-the-influence program that the person has failed to comply
with the program requirements. The privilege shall remain suspended until
the final day of the original suspension imposed under paragraph (1) of
subdivision (a) of Section 13352, or until the date all reinstatement
requirements described in Section 13352 have been met, whichever date is
later.

(g) The holder of a commercial
driver’s license who was operating a commercial motor
vehicle, as defined in Section 15210, at the time of a violation that
resulted in a suspension or revocation of the person’s
noncommercial driving privilege under paragraph (1) of subdivision (a) of
Section 13352 is not eligible for the restricted
driver’s license authorized under this section.

(h) If, upon conviction, the court has made the
determination, as authorized under subdivision (d) of Section 23536 or
paragraph (3) of subdivision (a) of Section 23538, to disallow the
issuance of a restricted driver’s license, the
department may not issue a restricted driver’s license
under this section.

(i) This section shall become operative on September 20,
2005. Added Sec. 5, Ch. 551, Stats. 2004. Effective January 1, 2005.
Operative September 20, 2005

Source: http://www.dmv.ca.gov/pubs/vctop/d06/vc13352_4.htm

If it is your first DUI you will need a California DUI Attorney.

DUI Attorneys


DUI.com | DWI.com

Speak Your Mind

*