2005 California Vehicle Code Sections 13350-13392 Article 3. Suspension and Revocation by Department

VEHICLE CODE
SECTION 13350-13392

13350.  (a) The department immediately shall revoke the privilege of
any person to drive a motor vehicle upon receipt of a duly certified
abstract of the record of any court showing that the person has been
convicted of any of the following crimes or offenses:
   (1) Failure of the driver of a vehicle involved in an accident
resulting in injury or death to any person to stop or otherwise
comply with Section 20001.
   (2) Any felony in the commission of which a motor vehicle is used,
except as provided in Section 13351, 13352, or 13357.
   (3) Reckless driving causing bodily injury.
   (b) If a person is convicted of a violation of Section 23152
punishable under Section 23546, 23550, or 23550.5, or a violation of
Section 23153 punishable under Section 23550.5 or 23566, including a
violation of paragraph (3) of subdivision (c) of Section 192 of the
Penal Code as provided in Section 193.7 of that code, the court
shall, at the time of surrender of the driver's license or temporary
permit, require the defendant to sign an affidavit in a form provided
by the department acknowledging his or her understanding of the
revocation required by paragraph (5), (6), or (7) of subdivision (a)
of Section 13352, and an acknowledgment of his or her designation as
a habitual traffic offender.  A copy of this affidavit shall be
transmitted, with the license or temporary permit, to the department
within the prescribed 10 days.
   (c) The department shall not reinstate the privilege revoked under
subdivision (a) until the expiration of one year after the date of
revocation and until the person whose privilege was revoked gives
proof of financial responsibility as defined in Section 16430.
13350.5.  Notwithstanding Section 13350, for the purposes of this
article, conviction of a violation of paragraph (3) of subdivision
(c) of Section 192 of the Penal Code is a conviction of a violation
of Section 23153.
13351.  (a) The department immediately shall revoke the privilege of
any person to drive a motor vehicle upon receipt of a duly certified
abstract of the record of any court showing that the person has been
convicted of any of the following crimes or offenses:
   (1) Manslaughter resulting from the operation of a motor vehicle,
except when convicted under paragraph (2) of subdivision (c) of
Section 192 of the Penal Code.
   (2) Conviction of three or more violations of Section 20001,
20002, 23103, or 23104 within a period of 12 months from the time of
the first offense to the third or subsequent offense, or a
combination of three or more convictions of violations within the
same period.
   (3) Violation of Section 191.5 of the Penal Code or of Section
2800.3 causing serious bodily injury resulting in a serious
impairment of physical condition, including, but not limited to, loss
of consciousness, concussion, serious bone fracture, protracted loss
or impairment of function of any bodily member or organ, and serious
disfigurement.
   (b) The department shall not reinstate the privilege revoked under
subdivision (a) until the expiration of three years after the date
of revocation and until the person whose privilege was revoked gives
proof of financial responsibility, as defined in Section 16430.
13351.5.  (a) Upon receipt of a duly certified abstract of the
record of any court showing that a person has been convicted of a
felony for a violation of Section 245 of the Penal Code and that a
vehicle was found by the court to constitute the deadly weapon or
instrument used to commit that offense, the department immediately
shall revoke the privilege of that person to drive a motor vehicle.
   (b) The department shall not reinstate a privilege revoked under
subdivision (a) under any circumstances.
   (c) Notwithstanding subdivision (b), the department shall
terminate any revocation order issued under this section on or after
January 1, 1995, for a misdemeanor conviction of violating Section
245 of the Penal Code.
13351.8.  Upon receipt of a duly certified abstract of the record of
any court showing that  the court has ordered the suspension of a
driver's license pursuant to Section 13210, on or after January 1,
2001, the department shall suspend the person's driving privilege in
accordance with that suspension order commencing either on the date
of the person's conviction or upon the person's release from
confinement or imprisonment.
13351.85.  Upon receipt of a duly certified abstract of any court
showing that a person has been convicted of a violation of Section
12110, the department shall suspend that person's driving privilege
for four months if the conviction was a first conviction, and for one
year, if the conviction was a second or subsequent conviction of a
violation of that section that occurred within seven years of the
current conviction.
13352.  (a) The department shall immediately suspend or revoke the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of any court showing that the person has
been convicted of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, or upon the receipt of a report of
a judge of the juvenile court, a juvenile traffic hearing officer, or
a referee of a juvenile court showing that the person has been found
to have committed a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109. If any offense specified in this
section occurs in a vehicle defined in Section 15210, the suspension
or revocation specified below shall apply to the noncommercial
driving privilege. The commercial driving privilege shall be
disqualified as specified in Sections 15300 to 15302, inclusive. For
the purposes of this section, suspension or revocation shall be as
follows:
   (1) Except as required under Section 13352.4, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23536, the privilege shall be suspended for a period of six months.
The privilege may not be reinstated until the person gives proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code described in subdivision (b) of Section 23538. If the court, as
authorized under paragraph (3) of subdivision (b) of Section 23646,
elects to order a person to enroll, participate and complete either
program described in paragraph (4) of subdivision (b) of Section
23542, the department shall require that program in lieu of the
program described in subdivision (b) of Section 23538. For the
purposes of this paragraph, enrollment, participation, and completion
of an approved program shall be subsequent to the date of the
current violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
   (2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year. The privilege may not be reinstated until the
person gives proof of financial responsibility and gives proof
satisfactory to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision (b)
Section 23556. If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll,
participate, and complete either program described in paragraph (4)
of subdivision (b) of Section 23542, the department shall require
that program in lieu of the program described in Section 23556. For
the purposes of this paragraph, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation. Credit may not be given to any program
activities completed prior to the date of the current violation.
   (3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years. The privilege
may not be reinstated until the person gives proof of financial
responsibility and gives proof satisfactory to the department of
successful 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 23542. For the purposes of
this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit shall not be given to any program activities
completed prior to the date of the current violation. The department
shall advise the person that after completion of 12 months of the
suspension period, which may include credit for any suspension period
served under subdivision (c) of Section 13353.3, the person may
apply to the department for a restricted driver's license, subject to
the following conditions:
   (A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
   (ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
   (B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
   (C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (E) The person provides proof of financial responsibility, as
defined in Section 16430.
   (F) The person pays all administrative fees or reissue fees and
any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person gives proof satisfactory to
the department of successful 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 23562. For the purposes of this paragraph, enrollment,
participation, and completion of an approved program shall be
subsequent to the date of the current violation. Credit shall not be
given to any program activities completed prior to the date of the
current violation. The department shall advise the person that after
the completion of 12 months of the revocation period, which may
include credit for any suspension period served under subdivision (c)
of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
   (ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) or (c) of Section 23548, or, if available in the
county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after completion of 12 months of the revocation period, which
may include credit for any suspension period served under subdivision
(c) of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
   (ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23550.5 or 23566, the privilege shall be revoked for a period of five
years. The privilege may not be reinstated until the person gives
proof of financial responsibility and proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) of Section 23568 or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for any suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (ii) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person's county of residence or employment.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) Any individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years. The
privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs: an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for any suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
   (ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section, the privilege shall be suspended for a period of 90 days to
six months, if ordered by the court. The privilege may not be
reinstated until the person gives proof of financial responsibility,
as defined in Section 16430.
   (9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (f) of that
section, the privilege shall be suspended for a period of six months,
if ordered by the court.  The privilege may not be reinstated until
the person gives proof of financial responsibility, as defined in
Section 16430.
   (b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109, as specified in subdivision (a) of this
section, is a conviction.
   (c) A judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
   (d) 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 23152, is a conviction of
Section 23152 for the purposes of this section, and a conviction of
an offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for the purposes of
this section. The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
   (e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), the department
shall terminate the restriction imposed pursuant to this section and
shall suspend or revoke the person's driving privilege upon receipt
of notification from the driving-under-the-influence program that the
person has failed to comply with the program requirements. The
person's driving privilege shall remain suspended or revoked for the
remaining period of the original suspension or revocation imposed
under this section and until all reinstatement requirements described
in this section are met.
   (f) For the purposes of this section, completion of a program is
the following:
   (1) Satisfactory completion of all program requirements approved
pursuant to program licensure, as evidenced by a certificate of
completion issued, under penalty of perjury, by the licensed program.
   (2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the person
has completed a program specified in Section 8001 of the Penal Code.
   (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 this section is not
eligible for the restricted driver's license authorized under
paragraphs (3) to (7), inclusive, of subdivision (a).
13352.2.  (a) If a person is required under Section 13352 to provide
the department with proof of enrollment in a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code, the department shall deem that
requirement satisfied upon receiving at its headquarters proof of
enrollment that is satisfactory to the department and has been
forwarded to the department by the program provider.
   (b) If a person is required under Section 13352 to provide the
department with proof of completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, or a program specified in Section 8001 of the Penal Code, the
department shall deem that requirement satisfied upon receiving at
its headquarters proof of completion that is satisfactory to the
department and has been forwarded to the department by the program
provider.
13352.3.  (a) Notwithstanding any other provision of law, except
subdivisions (b), (c), and (d) of Section 13352 and Sections 13367
and 23521, the department immediately shall revoke 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
was convicted of a violation of Section 23152 or 23153 while under
18 years of age, or upon receipt of a report of a judge of the
juvenile court, a juvenile hearing officer, or a referee of a
juvenile court showing that the person has been found to have
committed a violation of Section 23152 or 23153.
   (b) The term of the revocation shall be until the person reaches
18 years of age, for one year, or for the period prescribed for
restriction, suspension, or revocation specified in subdivision (a)
of Section 13352, whichever is longer.  The privilege may not be
reinstated until the person gives proof of financial responsibility
as defined in Section 16430.
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.
13352.5.  (a) The department shall issue a restricted driver's
license to a person whose driver's license was suspended under
paragraph (3) of subdivision (a) of Section 13352, if all of the
following requirements have been met:
   (1) 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 23542 has been received in the
department's headquarters.
   (2) The person submits proof of financial responsibility, as
described in Section 16430.
   (3) The person completes not less than 12 months of the suspension
period imposed under paragraph (3) of subdivision (a) of Section
13352.  The 12 months may include credit for any suspension period
served under subdivision (c) of Section 13353.3.
   (4) The person 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 (3) of
subdivision (a) of Section 13352, or until the date all reinstatement
requirements described in Section 13352 have been met, whichever
date is later.
   (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.  No credit may be given to any program
activities completed prior to the date of the current violation.
   (f) The department shall terminate the restriction imposed
pursuant to this section and shall suspend the privilege to drive
under paragraph (3) of subdivision (a) of Section 13352 upon receipt
of notification from the driving-under-the-influence program that the
person has failed to comply with the program requirements.
   (g) If, upon conviction, the court has made the determination, as
authorized under subdivision (b) of Section 23540 or subdivision (d)
of Section 23542, to disallow the issuance of a restricted driver's
license, the department may not issue a restricted driver's license
under this section.
   (h) Any person restricted pursuant to this section may apply to
the department for a restricted driver's license, subject to the
conditions specified in paragraph (3) of subdivision (a) of Section
13352.  Whenever proof of financial responsibility has already been
provided and a restriction fee has been paid in compliance with
restrictions described in this section, and the offender subsequently
receives an ignition interlock device restriction described in
paragraph (3) of subdivision (a) of Section 13352, the proof of
financial responsibility period shall not be extended beyond the
previously established term and no additional restriction fee shall
be required.
   (i) This section applies to a person who meets all of the
following conditions:
   (1) Has been convicted of a violation of Section 23152 that
occurred on or before July 1, 1999, and is punishable under Section
23540, or former Section 23165.
   (2) Was granted probation for the conviction subject to conditions
imposed under subdivision (b) of Section 23542, or under subdivision
(b) of former Section 23166.
   (3) Is no longer subject to the probation described in paragraph
(2).
   (4) Has not completed the licensed driving-under-the-influence
program under paragraph (3) of subdivision (a) of Section 13352 for
reinstatement of the driving privilege.
   (5) Has no violations in his or her driving record that would
preclude issuance of a restricted driver's license.
   (j) This section shall become operative on September 20, 2005.
13352.6.  (a) The department shall immediately suspend the driving
privilege of any person who is 18 years of age or older and is
convicted of a violation of Section 23140, upon the receipt of a duly
certified abstract of the record of any court showing that
conviction.  The privilege may not be reinstated until the person
provides the department with proof of financial responsibility and
until proof satisfactory to the department, of successful completion
of a driving-under-the-influence program licensed under Section 11836
of the Health and Safety Code has been received in the department's
headquarters.  That attendance shall be as follows:
   (1) If, within 10 years of the current violation of Section 23140,
the person has not 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 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or paragraph (3) of
subdivision (c) of Section 192 of, the Penal Code, the person shall
complete, at a minimum, the education component of that licensed
driving-under-the-influence program.
   (2) If the person does not meet the requirements of paragraph (1),
the person shall complete, at a minimum, the program described in
paragraph (1) of subdivision (c) of Section 11837 of the Health and
Safety Code.
   (b) For the purposes of this section, enrollment, participation,
and completion of the program shall be subsequent to the date of the
current violation.  Credit for enrollment, participation, or
completion may not be given for any program activities completed
prior to the date of the current violation.
13353.  (a) If a person refuses the officer's request to submit to,
or fails to complete, a chemical test or tests pursuant to Section
23612, 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 violation of Section 23140, 23152, or 23153, and that the
person had 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) Revoke the person's privilege to operate a motor vehicle for a
period of two years if the refusal occurred within 10 years of
either (A) a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code, that resulted in a conviction, or (B) a suspension or
revocation of the person's privilege to operate a motor vehicle
pursuant to this section or Section 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 10 years of any
of the following:
   (A) Two or more separate violations of Section 23103 as specified
in Section 23103.5, or of Section 23140, 23152, or 23153, or of
Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of
the Penal Code, or any combination thereof, that resulted in
convictions.
   (B) Two or more suspensions or revocations of the person's
privilege to operate a motor vehicle pursuant to this section or
Section 13353.2 for offenses that occurred on separate occasions.
   (C) Any combination of two or more of those convictions or
administrative suspensions or revocations.
   The officer's sworn statement shall be submitted pursuant to
Section 13380 on a form furnished or approved by the department. The
suspension or revocation shall not become effective until 30 days
after the giving of written notice thereof, or until the end of any
stay of the suspension or revocation, as provided for in Section
13558.
   (D) For the purposes of this section, a conviction of any offense
in any 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, or 23153, or Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code, is a conviction of
that particular section of the Vehicle Code or Penal Code.
   (b) If a person on more than one occasion in separate incidents
refuses the officer's request to submit to, or fails to complete, a
chemical test or tests pursuant to Section 23612 while driving a
motor vehicle, upon the receipt of the officer's sworn statement that
the officer had reasonable cause to believe the person had been
driving a motor vehicle in violation of Section 23140, 23152, or
23153, the department shall disqualify the person from operating a
commercial motor vehicle for the rest of his or her lifetime.
   (c) The notice of the order of suspension or revocation under this
section shall be served on the person by a peace officer pursuant to
Section 23612. 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 23612, 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 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
23140, 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 a person described in subdivision (a) of
Section 23612 who is incapable of refusing, the person had been told
that his or her driving privilege would be suspended or revoked if he
or she refused to submit to, or did not complete, the test or tests.
   (e) The person may request an administrative hearing pursuant to
Section 13558. Except as provided in subdivision (e) of Section
13558, the request for an administrative hearing does not stay the
order of suspension or revocation.
   (f) The suspension or revocation imposed under this section shall
run concurrently with any restriction, suspension, or revocation
imposed under Section 13352, 13352.4, or 13352.5 that resulted from
the same arrest.
   (g) This section shall become operative on September 20, 2005.
13353.1.  (a) If a person refuses an officer's request to submit to,
or fails to complete, a preliminary alcohol screening test pursuant
to Section 13388, 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 23136, 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 10 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, of Section 191.5 of the
Penal Code, or of paragraph (3) of subdivision (c) of Section 192 of
that 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 13353 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 10 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,
of Section 191.5 of the Penal Code, or of paragraph (3) of
subdivision (c) of Section 192 of that 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 13353 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 any 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 paragraph (3) of subdivision (c) of
Section 192 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 13388 and shall not become effective until 30 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 Section
13558, the request for an administrative hearing does not stay the
order of suspension or revocation.
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 percent or more, by weight, of alcohol in his or her blood.
   (2) The person was under 21 years of age and had a blood-alcohol
concentration of 0.01 percent or greater, as measured by a
preliminary alcohol screening test, or other chemical test.
   (b) The notice of the order of suspension under this section shall
be served on the person by a peace officer pursuant to Section 13388
or 13382.  The notice of the order of suspension shall be on a form
provided by the department.  If the notice of the order of suspension
has not been served upon the person by the peace officer pursuant to
Section 13388 or 13382, upon the receipt of the report of a peace
officer submitted pursuant to Section 13380, the department shall
mail written notice of the order of the suspension to the person at
the last known address shown on the department's records and, if the
address of the person provided by the peace officer's report differs
from the address of record, to that address.
   (c) The notice of the order of suspension shall clearly specify
the reason and statutory grounds for the suspension, the effective
date of the suspension, the right of the person to request an
administrative hearing, the procedure for requesting an
administrative hearing, and the date by which a request for an
administrative hearing shall be made in order to receive a
determination prior to the effective date of the suspension.
   (d) The department shall make a determination of the facts in
subdivision (a) on the basis of the report of a peace officer
submitted pursuant to Section 13380.  The determination of the facts,
after administrative review pursuant to Section 13557, by the
department is final, unless an administrative hearing is held
pursuant to Section 13558 and any judicial review of the
administrative determination after the hearing pursuant to Section
13559 is final.
   (e) The determination of the facts in subdivision (a) is a civil
matter which is independent of the determination of the person's
guilt or innocence, shall have no collateral estoppel effect on a
subsequent criminal prosecution, and shall not preclude the
litigation of the same or similar facts in the criminal proceeding.
If a person is acquitted of criminal charges relating to a
determination of facts under subdivision (a), or if the person's
driver's license was suspended pursuant to Section 13388 and the
department finds no basis for a suspension pursuant to that section,
the department shall immediately reinstate the person's privilege to
operate a motor vehicle if the department has suspended it
administratively pursuant to subdivision (a), and the department
shall return or reissue for the remaining term any driver's license
which has been taken from the person pursuant to Section 13382 or
otherwise.  Notwithstanding subdivision (b) of Section 13558, if
criminal charges under Section 23140, 23152, or 23153 are not filed
by the district attorney because of a lack of evidence, or if those
charges are filed but are subsequently dismissed by the court because
of an insufficiency of evidence, the person has a renewed right to
request an administrative hearing before the department.  The request
for a hearing shall be made within one year from the date of arrest.
   (f) The department shall furnish a form that requires a detailed
explanation specifying which evidence was defective or lacking and
detailing why that evidence was defective or lacking.  The form shall
be made available to the person to provide to the district attorney.
  The department shall hold an administrative hearing, and the
hearing officer shall consider the reasons for the failure to
prosecute given by the district attorney on the form provided by the
department.  If applicable, the hearing officer shall consider the
reasons stated on the record by a judge who dismisses the charges.
No fee shall be imposed pursuant to Section 14905 for the return or
reissuing of a driver's license pursuant to this subdivision.  The
disposition of a suspension action under this section does not affect
any action to suspend or revoke the person's privilege to operate a
motor vehicle under any other provision of this code, including, but
not limited to, Section 13352 or 13353, or Chapter 3 (commencing with
Section 13800).
13353.3.  (a) An order of suspension of a person's privilege to
operate a motor vehicle pursuant to Section 13353.2 shall become
effective 30 days after the person is served with the notice pursuant
to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
   (b) The period of suspension of a person's privilege to operate a
motor vehicle under Section 13353.2 is as follows:
   (1) Except as provided in Section 13353.6, if the person has not
been convicted of a separate violation of Section 23103, as specified
in Section 23103.5, of Section 23140, 23152, or 23153, of Section
191.5 of the Penal Code, or of paragraph (3) of subdivision (c) of
Section 192 of that code, the person has not been administratively
determined to have refused chemical testing pursuant to Section 13353
or 13353.1, or the person has not been administratively determined
to have been driving with an excessive concentration of alcohol
pursuant to Section 13353.2 on a separate occasion, that offense or
occurrence occurred within 10 years of the occasion in question, the
person's privilege to operate a motor vehicle shall be suspended for
four months.
   (2) If the person has been convicted of one or more separate
violations of Section 23103, as specified in Section 23103.5, Section
23140, 23152, or 23153, Section 191.5 of the Penal Code, or
paragraph (3) of subdivision (c) of Section 192 of that code, the
person has been administratively determined to have refused chemical
testing pursuant to Section 13353 or 13353.1, or the person has been
administratively determined to have been driving with an excessive
concentration of alcohol pursuant to Section 13353.2 on a separate
occasion, that offense or occasion occurred within 10 years of the
occasion in question, the person's privilege to operate a motor
vehicle shall be suspended for one year.
   (3) Notwithstanding any other provision of law, if a person has
been administratively determined to have been driving in violation of
Section 23136 or to have refused chemical testing pursuant to
Section 13353.1, the period of suspension shall not be for less than
one year.
   (c) If a person's privilege to operate a motor vehicle is
suspended pursuant to Section 13353.2 and the person is convicted of
a violation of Section 23152 or 23153, including, but not limited to,
a violation described in Section 23620, arising out of the same
occurrence, both the suspension under Section 13353.2 and the
suspension or revocation under Section 13352 shall be imposed, except
that the periods of suspension or revocation shall run concurrently,
and the total period of suspension or revocation shall not exceed
the longer of the two suspension or revocation periods.
   (d) For the purposes of this section, a conviction of any offense
in any 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, or 23153, or Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code, is a conviction of
that particular section of the Vehicle Code or Penal Code.
   (e) This section shall become operative on September 20, 2005.
13353.4.  (a) Except as provided in Section 13353.7 or 13353.8, the
driving privilege shall not be restored, and a restricted or hardship
permit to operate a motor vehicle shall not be issued, to a person
during the suspension or revocation period specified in Section
13353, 13353.1, or 13353.3.
   (b) The privilege to operate a motor vehicle shall not be restored
after a suspension or revocation pursuant to Section 13352, 13353,
13353.1, or 13353.2 until all applicable fees, including the fees
prescribed in Section 14905, have been paid and the person gives
proof of financial responsibility, as defined in Section 16430, to
the department.
   (c) This section shall become operative on September 20, 2005.
13353.45.  The department shall, in consultation with the State
Department of Alcohol and Drug Programs, with representatives of the
county alcohol program administrators, and with representatives of
licensed drinking driver program providers, develop a certificate of
completion for the purposes of Sections 13352, 13352.4, and 13352.5
and shall develop, implement, and maintain a system for safeguarding
the certificates against misuse.  The department may charge a
reasonable fee for each blank completion certificate distributed to a
drinking driver program.  The fee shall be sufficient to cover, but
shall not exceed, the costs incurred in administering this section,
Sections 13352, 13352.4, and 13352.5 or twelve dollars ($12) per
person, whichever is less.
13353.5.  (a) If a person whose driving privilege is suspended or
revoked under Section 13352, former Section 13352.4, Section 13352.4,
13352.6, paragraph (1) of subdivision (g) of Section 23247, or
paragraph (2) of subdivision (f) of Section 23575 is a resident of
another state at the time the mandatory period of suspension or
revocation expires, the department may terminate the suspension or
revocation, upon written application of the person, for the purpose
of allowing the person to apply for a license in his or her state of
residence.  The application shall include, but need not be limited
to, evidence satisfactory to the department that the applicant now
resides in another state.
   (b) If the person submits an application for a California driver's
license within three years after the date of the action to terminate
suspension or revocation pursuant to subdivision (a), a license
shall not be issued until evidence satisfactory to the department
establishes that the person is qualified for reinstatement and no
grounds exist including, but not limited to, one or more subsequent
convictions for driving under the influence of alcohol or other drugs
that would support a refusal to issue a license.  The department may
waive the three-year requirement if the person provides the
department with proof of financial responsibility, as defined in
Section 16430, and proof satisfactory to the department of successful
completion of a driving-under-the-influence program described in
Section 13352, and the driving-under-the-influence program is of the
length required under paragraphs (1) to (7), inclusive, of
subdivision (a) of Section 13352.
   (c) For the purposes of this section, "state" includes a foreign
province or country.
   (d) This section shall become operative on September 20, 2005.
13353.7.  (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 23153 of this code, or Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code, 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 that
occurred on a separate occasion within 10 years of the occasion in
question and, if the person subsequently enrolls in a
driving-under-the-influence program licensed under Section 11836 of
the Health and Safety Code, as described in subdivision (b) of
Section 23538, 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 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 23153 of this code,
or Section 191.5 or paragraph (3) of subdivision (c) of Section 192
of the Penal Code, 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 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 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 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 23152 or 23153, the department shall suspend or revoke the
person's privilege to operate a motor vehicle under Section 13352.
   (c) If the holder of a commercial driver's license 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 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) This section does not apply to a person whose driving
privilege has been suspended or revoked pursuant to Section 13353 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, that
violation occurred within 10 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 Section 408 or 410 of Title 23 of the United States Code.
   (e) This section shall become operative on September 20, 2005.
13353.8.  (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 10 years of the current violation of Section 23136, the person
has not violated Section 23136 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 of,
or paragraph (3) of subdivision (c) of Section 192 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 paragraph (3) of subdivision (c) of
Section 192 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.
13355.  The department shall immediately suspend 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 subdivision (b) of Section
22348, or upon a receipt of a report of a judge of a juvenile court,
a juvenile hearing officer, or a referee of a juvenile court showing
that the person has been found to have committed a violation of
subdivision (b) of Section 22348 under the following conditions and
for the periods, as follows:
   (a) Upon a conviction or finding of an offense under subdivision
(b) of Section 22348 that occurred within three years of a prior
offense resulting in a conviction of an offense under subdivision (b)
of Section 22348, the privilege shall be suspended for a period of
six months, or  the privilege shall be restricted for six months to
necessary travel to and from the person's place of employment and, if
driving a motor vehicle is necessary to perform the duties of the
person's employment, restricted to driving within the person's scope
of employment.
   (b) Upon a conviction or finding of an offense under subdivision
(b) of Section 22348 that occurred within five years of two or more
prior offenses resulting in convictions of offenses under subdivision
(b) of Section 22348, the privilege shall be suspended for a period
of one year, or the privilege shall be restricted for one year to
necessary travel to and from the person's place of employment and, if
driving a motor vehicle is necessary to perform the duties of the
person's employment, restricted to driving within the person's scope
of employment.
13357.  Upon the recommendation of the court the department shall
suspend or revoke the privilege to operate a motor vehicle of any
person who has been found guilty of a violation of Section 10851.
13359.  The department may suspend or revoke the privilege of any
person to operate a motor vehicle upon any of the grounds which
authorize the refusal to issue a license.
13360.  Upon receiving satisfactory evidence of any violation of the
restrictions of a driver's license, the department may suspend or
revoke the same.
13361.  The department may suspend 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
any of the following crimes or offenses:
   (a) Failure to stop in the event of an accident resulting in
damage to property only, or otherwise failing to comply with the
requirements of Section 20002.
   (b) A second or subsequent conviction of reckless driving.
   (c) Manslaughter resulting from the operation of a motor vehicle
as provided in paragraph (2) of subdivision (c) of Section 192 of the
Penal Code.
   In any case under this section the department is authorized to
require proof of ability to respond in damages as defined in Section
16430.
13362.  The department may require the surrender to it of any driver'
s license which has been issued erroneously or which contains any
erroneous or false statement, or which does not contain any notation
required by law or by the department.  In the event a licensee does
not surrender the license upon proper demand, the department may
suspend the licensee's privilege to operate a motor vehicle.  The
suspension shall continue until the correction of the license by the
department or until issuance of another license or temporary license
in lieu thereof.
13363.  (a) The department may, in its discretion, except as
provided in Chapter 6 (commencing with Section 15000) of Division 6,
of this code, suspend or revoke the privilege of any resident or
nonresident to drive a motor vehicle in this State upon receiving
notice of the conviction of the person in a state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or the Dominion of Canada of an offense
therein which, if committed in this State, would be grounds for the
suspension or revocation of the privilege to operate a motor vehicle.
   (b) Whenever any state, territory, or possession of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or
the Dominion of Canada reports the conviction of a violation in such
place by a person licensed in this State, the department shall not
give effect to such report pursuant to subdivision (a) of this
section or Section 15023 unless the department is satisfied that the
law of such other place pertaining to the conviction is substantially
the same as the law of this State pertaining to such conviction and
that the description of the violation from which the conviction
arose, is sufficient and that the interpretation and enforcement of
such law are substantially the same in such other place as they are
in this State.
13364.  (a) Notwithstanding any other provision of this code, a
person's privilege to operate a motor vehicle shall be suspended upon
notification by a bank or financial institution that a check has
been dishonored when that check was presented to the department for
either of the following reasons:
   (1) In payment of a fine that resulted from an outstanding
violation pursuant to Section 40508 or a suspension pursuant to
Section 13365.
   (2) In payment of a fee or penalty owed by the person, if the fee
or penalty is required by this code for the issuance, reissuance, or
return of the person's driver's license after suspension, revocation,
or restriction of the driving privilege.
   (b) The suspension shall remain in effect until payment of all
fines, fees, and penalties is made to the department or to the court,
as appropriate, and the person's driving record does not contain any
notification of a court order issued pursuant to subdivision (a) of
Section 42003 or of a violation of subdivision (a) or (b) of Section
40508.
   (c) No suspension imposed pursuant to this section shall become
effective until 30 days after the mailing of a written notice of the
intent to suspend.
   (d) The written notice of a suspension imposed pursuant to this
section shall be delivered by certified mail.
   (e) If any personal check is offered in payment of fines described
in paragraph (1) of subdivision (a) and is returned for any reason,
the related notice issued pursuant to Section 40509 or 40509.5 shall
be restored to the person's record.
   (f) Notwithstanding any other provision of law, any license that
has been suspended pursuant to this section shall immediately be
reinstated, and the fees and penalties waived, upon the submission of
proof acceptable to the department that the check has been
erroneously dishonored by the bank or financial institution.
13365.  (a) Upon receipt of notification of a violation of
subdivision (a) or (b) of Section 40508, the department shall take
the following action:
   (1) If the notice is given pursuant to subdivision (a) or (b) of
Section 40509, if the driving record of the person who is the subject
of the notice contains one or more prior notifications of a
violation issued pursuant to Section 40509 or 40509.5, and if the
person's driving privilege is not currently suspended under this
section, the department shall suspend the driving privilege of the
person.
   (2) If the notice is given pursuant to subdivision (a) or (b) of
Section 40509.5, and if the driving privilege of the person who is
the subject of the notice is not currently suspended under this
section, the department shall suspend the driving privilege of the
person.
   (b) A suspension under this section shall not be effective before
a date 60 days after the date of receipt, by the department, of the
notice given specified in subdivision (a), and the notice of
suspension shall not be mailed by the department before a date 30
days after receipt of the notice given specified in subdivision (a).
   The suspension shall continue until the  suspended person's
driving record does not contain any notification of a violation of
subdivision (a) or (b) of Section 40508.
13365.2.  (a) Upon receipt of the notice required under subdivision
(c) of Section 40509.5, the department shall suspend the driving
privilege of the person upon whom notice was received and shall
continue that suspension until receipt of the certificate required
under that subdivision.
   (b) The suspension required under subdivision (a) shall become
effective on the 45th day after the mailing of written notice by the
department.
13365.5.  (a) Upon receipt of a notification issued pursuant to
Section 40509.1, the department shall suspend the person's privilege
to operate a motor vehicle until compliance with the court order is
shown or as prescribed in subdivision (c) of Section 12808.  The
suspension under this section shall not be effective until 45 days
after the giving of written notice by the department.
   (b) This section does not apply to a notification of failure to
comply with a court order issued for a violation enumerated in
paragraph (1), (2), (3), (6), or (7) of subdivision (b) of Section
1803.
13366.  Whenever in this code the department is required to suspend
or revoke the privilege of a person to operate a motor vehicle upon
the conviction of such person of violating this code, such suspension
or revocation shall begin upon a plea, finding or verdict of guilty.
13366.5.  (a) Notwithstanding Section 13366, whenever in this code
the department is required to disqualify the commercial driving
privilege of a person to operate a commercial motor vehicle upon the
conviction of that person of a violation of this code, the suspension
or revocation shall begin upon receipt by the department of a duly
certified abstract of any court record showing that the person has
been so convicted.
   (b) This section shall become operative on September 20, 2005.
13367.  For purposes of the suspension or revocation of any driver's
license issued to a minor, the department shall not provide any
lighter penalty than would be given to an adult under similar
circumstances.
13368.  The department, as a condition to the reinstatement of a
suspended license or the issuance of a new license to an individual
whose prior license has been revoked, may require the individual to
attend the program authorized by the provisions of Section 1659.
13369.  (a) This section applies to the following endorsements and
certificates:
   (1) Passenger transportation vehicle.
   (2) Hazardous materials.
   (3) Schoolbus.
   (4) School pupil activity bus.
   (5) Youth bus.
   (6) General public paratransit vehicle.
   (7) Farm labor vehicle.
   (8) Vehicle used for the transportation of developmentally
disabled persons.
   (b) The department shall refuse to issue or renew, or shall revoke
the certificate or endorsement of any person who meets the following
conditions:
   (1) Within three years, has committed any violation that results
in a conviction assigned a violation point count of two or more, as
defined in Sections 12810 and 12810.5. The department may not refuse
to issue or renew, nor may it revoke, a person's hazardous materials
or passenger transportation vehicle endorsement if the violation
leading to the conviction occurred in the person's private vehicle
and not in a commercial motor vehicle, as defined in Section 15210.
   (2) Within three years, has had his or her driving privilege
suspended, revoked, or on probation for any reason involving unsafe
operation of a motor vehicle. The department may not refuse to issue
or renew, nor may it revoke, a person's passenger transportation
vehicle endorsement if the person's driving privilege has, within
three years, been placed on probation only for any reason involving
unsafe operation of a motor vehicle.
   (3) Notwithstanding paragraphs (1) and (2), does not meet the
qualifications for issuance of a hazardous materials endorsement set
forth in Parts 383, 384, and 1572 of Title 49 of the Code of Federal
Regulations.
   (c) The department may refuse to issue or renew, or may suspend or
revoke the certificate or endorsement of any person who meets any of
the following conditions:
   (1) Within 12 months, has been involved as a driver in three
accidents in which the driver caused or contributed to the causes of
the accidents.
   (2) Within 24 months, as a driver, caused or contributed to the
cause of an accident resulting in a fatality or serious injury or
serious property damage in excess of seven hundred fifty dollars
($750).
   (3) Has violated any provision of this code, or any rule or
regulation pertaining to the safe operation of a vehicle for which
the certificate or endorsement was issued.
   (4) Has violated any restriction of the certificate, endorsement,
or commercial driver's license.
   (5) Has knowingly made a false statement or failed to disclose a
material fact on an application for a certificate or endorsement.
   (6) Has been determined by the department to be a negligent or
incompetent operator.
   (7) Has demonstrated irrational behavior to the extent that a
reasonable and prudent person would have reasonable cause to believe
that the applicant's ability to perform the duties of a driver may be
impaired.
   (8) Excessively or habitually uses, or is addicted to, alcoholic
beverages, narcotics, or dangerous drugs.
   (9) Does not meet the minimum medical standards established or
approved by the department.
   (d) The department may cancel the certificate or endorsement of
any driver who meets any of the following conditions:
   (1) Does not have a valid driver's license of the appropriate
class.
   (2) Has requested cancellation of the certificate or endorsement.
   (3) Has failed to meet any of the requirements for issuance or
retention of the certificate or endorsement, including, but not
limited to, payment of the proper fee, submission of an acceptable
medical report and fingerprint cards, and compliance with prescribed
training requirements.
   (4) Has had his or her driving privilege suspended or revoked for
a cause involving other than the safe operation of a motor vehicle.
   (e) (1) Reapplication following refusal or revocation under
subdivision (b) or (c) may be made after a period of not less than
one year from the effective date of denial or revocation, except in
cases where a longer period of suspension or revocation is required
by law.
   (2) Reapplication following cancellation under subdivision (d) may
be made at any time without prejudice.
13370.  (a) The department shall refuse to issue or shall revoke a
schoolbus, school pupil activity bus, general public paratransit
vehicle, or youth bus driver certificate, or a certificate for a
vehicle used for the transportation of developmentally disabled
persons, if any of the following causes apply to the applicant or
certificate holder:
   (1) Has been convicted of a sex offense as defined in Section
44010 of the Education Code.
   (2) Has been convicted, within two years, of an offense specified
in Section 11361.5 of the Health and Safety Code.
   (3) Has failed to meet prescribed training requirements for
certificate issuance.
   (4) Has failed to meet prescribed testing requirements for
certificate issuance.
   (5) Has been convicted of a violent felony listed in subdivision
(c) of Section 667.5 of the Penal Code, or a serious felony listed in
subdivision (c) of Section 1192.7 of the Penal Code. This paragraph
shall not be applied to revoke a license that was valid on January 1,
2005, unless the certificate holder is convicted for an offense that
is committed on or after that date.
   (b) The department may refuse to issue or renew, or may suspend or
revoke a schoolbus, school pupil activity bus, general public
paratransit vehicle, or youth bus driver certificate, or a
certificate for a vehicle used for the transportation of
developmentally disabled persons if any of the following causes apply
to the applicant or certificate holder:
   (1) Has been convicted of a crime specified in Section 44424 of
the Education Code within seven years. This paragraph does not apply
if denial is mandatory.
   (2) Has committed an act involving moral turpitude.
   (3) Has been convicted of an offense, not specified in this
section and other than a sex offense, that is punishable as a felony,
within seven years.
   (4) Has been dismissed as a driver for a cause relating to pupil
transportation safety.
   (5) Has been convicted, within seven years, of an offense relating
to the use, sale, possession, or transportation of narcotics,
habit-forming drugs, or dangerous drugs, except as provided in
paragraph (3) of subdivision (a).
   (c) (1) Reapplication following refusal or revocation under
paragraph (1), (2), or (3) of subdivision (a) or (b) may be made
after a period of not less than one year after the effective date of
refusal or revocation.
   (2) Reapplication following refusal or revocation under paragraph
(4) of subdivision (a) may be made after a period of not less than 45
days after the date of the applicant's third testing failure.
   (3) An applicant or holder of a certificate may reapply for a
certificate whenever a felony or misdemeanor conviction is reversed
or dismissed. A termination of probation and dismissal of charges
pursuant to Section 1203.4 of the Penal Code or a dismissal of
charges pursuant to Section 1203.4a of the Penal Code is not a
dismissal for purposes of this section.
13371.  This section applies to schoolbus, school pupil activity
bus, youth bus, general public paratransit vehicle certificates, and
a certificate for a vehicle used for the transportation of
developmentally disabled persons.
   (a) Any driver or applicant who has received a notice of refusal,
suspension, or revocation, may, within 15 days after the mailing
date, submit to the department a written request for a hearing.
Failure to demand a hearing within 15 days is a waiver of the right
to a hearing.
   (1) Upon receipt by the department of the hearing request, the
department may stay the action until a hearing is conducted and the
final decision has been rendered by the Certificate Action Review
Board pursuant to paragraph (2) of subdivision (d). The department
shall not stay an action when there is reasonable cause to believe
the stay would pose a significant risk to the safety of pupils being
transported in a schoolbus, school pupil activity bus, youth bus, or
persons being transported in a general public paratransit vehicle.
   (2) An applicant or driver is not entitled to a hearing whenever
the action by the department is made mandatory by this article or any
other applicable law or regulation except where the cause for
refusal is based on failure to meet medical standards or excessive
and habitual use of or addiction to alcoholic beverages, narcotics,
or dangerous drugs.
   (b) The department shall appoint a hearing officer to conduct the
hearing in accordance with Section 14112. After the hearing, the
hearing officer shall prepare and submit findings and recommendations
to the department.
   (c) The department shall mail, as specified in Section 22, a copy
of the hearing officer's findings and recommendations to the driver
or applicant and to the driver or applicant's hearing representative,
either of whom may file a statement of exception to the findings and
recommendations within 24 days after the mailing date.
   (d) (1) The Certificate Action Review Board consists of the
following three members: a chairperson appointed by the director of
the department, a member appointed by the Commissioner of the
California Highway Patrol, and a member appointed by the
Superintendent of Public Instruction.
   (2) After a hearing, the board shall review the findings and
recommendations of the hearing officer, and any statement of
exception, and make a decision concerning disposition of the action
taken by the department, which decision shall be final. At this
stage, no evidence shall be heard that was not presented at the
hearing, unless the person wishing to present the new evidence
establishes, to the satisfaction of the board, that it could not have
been obtained with due diligence prior to the hearing.
13372.  (a) The department shall refuse to issue or renew, or shall
suspend or revoke an ambulance driver certificate if any of the
following apply to the applicant or certificate holder:
   (1) Is required to register as a sex offender under Section 290 of
the Penal Code for any offense involving force, violence, threat, or
intimidation.
   (2) Habitually or excessively uses or is addicted to narcotics or
dangerous drugs.
   (3) Is on parole or probation for any felony, theft, or any crime
involving force, violence, threat, or intimidation.
   (b) The department may refuse to issue or renew, or may suspend or
revoke an ambulance driver certificate if any of the following apply
to the applicant or certificate holder:
   (1) Has been convicted within seven years of any offense
punishable as a felony or has been convicted during that period of
any theft.
   (2) Has committed any act involving moral turpitude, including
fraud or intentional dishonesty for personal gain, within seven
years.
   (3) Habitually and excessively uses intoxicating beverages.
   (4) Has been convicted within seven years of any offense relating
to the use, sale, possession, or transportation of narcotics or
addictive or dangerous drugs, or of any misdemeanor involving force,
violence, threat, or intimidation.
   (5) Is on probation to the department for a cause involving the
unsafe operation of a motor vehicle.
   (6) Within three years has had his or her driver's license
suspended or revoked by the department for a cause involving the
unsafe operation of a motor vehicle, or, within the same period, has
been convicted of any of the following:
   (A) Failing to stop and render aid in an accident involving injury
or death.
   (B) Driving-under-the-influence of intoxicating liquor, any drug,
or under the combined influence of intoxicating liquor and any drug.
   (C) Reckless driving, or reckless driving involving bodily injury.
   (7) Has knowingly made a false statement or failed to disclose a
material fact in his or her application.
   (8) Has been involved as a driver in any motor vehicle accident
causing death or bodily injury or in three or more motor vehicle
accidents within one year.
   (9) Does not meet minimum medical standards specified in this code
or in regulations adopted pursuant to this code.
   (10) Has demonstrated irrational behavior or incurred a physical
disability to the extent that a reasonable and prudent person would
have reasonable cause to believe that the ability to perform the
duties normally expected of an ambulance driver may be impaired.
   (11) Has violated any provision of this code or any rule or
regulation adopted by the Commissioner of the California Highway
Patrol relating to the operation of emergency ambulances within one
year.
   (12) Has committed any act that warrants dismissal, as provided in
Section 13373.
   (c) (1) Reapplication following refusal or revocation under
subdivision (a) or (b) may be made after a period of not less than
one year after the effective date of the refusal or revocation,
except in cases where a longer period of refusal, suspension, or
revocation is required by law.
   (2) Reapplication following refusal or revocation under
subdivision (a) or (b) may be made if a felony or misdemeanor
conviction supporting the refusal or revocation is reversed or
dismissed. A termination of probation and dismissal of charges under
Section 1203.4 of the Penal Code or a dismissal of charges under
Section 1203.4a of the Penal Code is not a dismissal for purposes of
this section.
13373.  The receipt of satisfactory evidence of any violation of
Article 1 (commencing with Section 1100) of Subchapter 5 of Chapter 2
of Title 13 of the California Code of Regulations, the Vehicle Code,
or any other applicable law that would provide grounds for refusal,
suspension, or revocation of an ambulance driver's certificate or
evidence of an act committed involving intentional dishonesty for
personal gain or conduct contrary to justice, honesty, modesty, or
good morals, may be sufficient cause for the dismissal of any
ambulance driver or attendant. Dismissal of a driver or attendant
under this section shall be reported by the employer to the
Department of Motor Vehicles at Sacramento within 10 days.
13374.  (a) An applicant for, or the holder of, an ambulance driver
certificate who has received a notice of refusal, suspension, or
revocation may submit, within 15 days after the notice has been
mailed by the department, a written request for a hearing. Upon
receipt of the request, the department shall appoint a referee who
shall conduct an informal hearing in accordance with Section 14104.
Failure to request a hearing within 15 days after the notice has been
mailed by the department is a waiver of the right to a hearing. A
request for a hearing shall not operate to stay the action for which
notice is given.
   (b) Upon conclusion of an informal hearing, the referee shall
prepare and submit findings and recommendations through the
department to a committee of three members one each appointed by the
Director of the Emergency Medical Service Authority, the director,
and the Commissioner of the California Highway Patrol with the
appointee of the Commissioner of the California Highway Patrol
serving as chairperson. After a review of the findings and
recommendations, the committee shall render a final decision on the
action taken, and the department shall notify the person involved of
the decision.
13375.  For the purposes of this article, any plea or verdict of
guilty, plea  of nolo contendere, or court finding of guilt in a
trial without a jury, or forfeiture of bail, is deemed a conviction,
notwithstanding subsequent action under  Section 1203.4 or 1203.4a of
the Penal Code allowing withdrawal of the plea of guilty and
entering a plea of not guilty, setting aside the verdict of guilty,
or dismissing the accusation or information.
13376.  (a) This section applies to the following certificates:
   (1) Schoolbus.
   (2) School pupil activity bus.
   (3) Youth bus.
   (4) General public paratransit vehicle.
   (5) Vehicle used for the transportation of developmentally
disabled persons.
   (b) (1) The department shall revoke a certificate listed in
subdivision (a) for three years if the certificate holder refuses to
submit to a test for, fails to comply with the testing requirements
for, or receives a positive test for a controlled substance, as
specified in Part 382 (commencing with Section 382.101) of Title 49
of the Code of Federal Regulations and Section 34520. However, the
department shall not revoke a certificate under this paragraph if the
certificate holder is in compliance with any rehabilitation or
return to duty program that is imposed by the employer that meets the
controlled substances and alcohol use and testing requirements set
forth in Part 382 (commencing with Section 382.101) of Title 49 of
the Code of Federal Regulations. The driver shall be allowed to
participate in a rehabilitation or return to duty program only once
within a three-year period. The employer or program shall report any
subsequent positive test result or drop from the program to the
department on a form approved by the department.
   (2) If an applicant refuses to submit to a test for, fails to
comply with the testing requirements for, or receives a positive test
for a controlled substance, the department shall refuse the
application for a certificate listed in subdivision (a) for three
years from the date of the confirmed positive test result.
   (3) The carrier that requested the test shall report the refusal,
failure to comply, or positive test result to the department not
later than five days after receiving notification of the test result
on a form approved by the department.
   (4) The department shall maintain a record of any action taken for
a refusal, failure to comply, or positive test result in the driving
record of the applicant or certificate holder for three years from
the date of the refusal, failure to comply, or positive test result.
   (c) (1) The department may temporarily suspend a schoolbus, school
pupil activity bus, youth bus, or general public paratransit driver
certificate, or temporarily withhold issuance of a certificate to an
applicant, if the holder or applicant is arrested for or charged with
any sex offense, as defined in Section 44010 of the Education Code.
   (2) Upon receipt of a notice of temporary suspension, or of the
department's intent to withhold issuance, of a certificate, the
certificate holder or applicant may request a hearing within 10 days
of the effective date of the department's action.
   (3) The department shall, upon request of the holder of, or
applicant for, a certificate, within 10 working days of the receipt
of the request, conduct a hearing on whether the public interest
requires suspension or withholding of the certificate pursuant to
paragraph (1).
   (4) If the charge is dismissed or results in a finding of not
guilty, the department shall immediately terminate the suspension or
resume the application process, and shall expunge the suspension
action taken pursuant to this subdivision from the record of the
applicant or certificate holder.
   (d) An applicant or holder of a certificate may reapply for a
certificate whenever a felony or misdemeanor conviction is reversed
or dismissed. A termination of probation and dismissal of charges
pursuant to Section 1203.4 of the Penal Code or a dismissal of
charges pursuant to Section 1203.4a of the Penal Code is not a
dismissal for purposes of this section.
   (e) The determination of the facts pursuant to this section is a
civil matter which is independent of the determination of the person'
s guilt or innocence, has no collateral estoppel effect on a
subsequent criminal prosecution, and does not preclude the litigation
of the same or similar facts in a criminal proceeding.
13377.  (a) The department shall not issue or renew, or shall
revoke, the tow truck driver certificate of an applicant or holder
for any of the following causes:
   (1) The tow truck driver certificate applicant or holder has been
convicted of a violation of Section 220 of the Penal Code.
   (2) The tow truck driver certificate applicant or holder has been
convicted of a violation of paragraph (1), (2), (3), or (4) of
subdivision (a) of Section 261 of the Penal Code.
   (3) The tow truck driver certificate applicant or holder has been
convicted of a violation of Section 264.1, 267, 288, or 289 of the
Penal Code.
   (4) The tow truck driver certificate applicant or holder has been
convicted of any felony or three misdemeanors as set forth in
subparagraph (B) of paragraph (2) of subdivision (a) of Section 5164
of the Public Resources Code.
   (5) The tow truck driver certificate applicant's or holder's
driving privilege has been suspended or revoked in accordance with
any provisions of this code.
   (b) For purposes of this section, a conviction means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere.  For purposes of this section, the record of a
conviction, or a copy thereof certified by the clerk of the court or
by a judge of the court in which the conviction occurred, is
conclusive evidence of the conviction.
   (c) Whenever the department receives information from the
Department of Justice, or the Federal Bureau of Investigation, that a
tow truck driver has been convicted of an offense specified in
paragraph (1), (2), (3), or (4) of subdivision (a), the department
shall immediately notify the employer and the Department of the
California Highway Patrol.
   (d) An applicant or holder of a tow truck driver certificate,
whose certificate was denied or revoked, may reapply for a
certificate whenever the applicable felony or misdemeanor conviction
is reversed or dismissed.  If the cause for the denial or revocation
was based on the suspension or revocation of the applicant's or
holder's driving privilege, he or she may reapply for a certificate
upon restoration of his or her driving privilege.  A termination of
probation and dismissal of charges pursuant to Section 1203.4 of the
Penal Code or a dismissal of charges pursuant to Section 1203.4a of
the Penal Code is not a dismissal for purposes of this section.
13378.  (a) Any applicant for, or holder of, a tow truck driver
certificate who has received a notice of refusal or revocation, may
submit to the department, within 15 days after the mailing of the
notice, a written request for a hearing. Failure to request a
hearing, in writing, within 15 days is a waiver of the right to a
hearing.
   (b) Upon receipt by the department of the hearing request, the
department may stay the action until a hearing is conducted and the
final decision is made by the hearing officer. The department shall
not stay the action when there is reasonable cause to believe that
the stay would pose a threat to a member of the motoring public who
may require the services of the tow truck driver in question.
   (c) An applicant for, or a holder of, a tow truck driver
certificate, whose certificate has been refused or revoked, is not
entitled to a hearing whenever the action by the department is made
mandatory by this article or any other applicable law or regulation.
   (d) Upon receipt of a request for a hearing, and when the
requesting party is entitled to a hearing under this article, the
department shall appoint a hearing officer to conduct a hearing in
accordance with Section 14112.
13380.  (a) If a peace officer serves a notice of an order of
suspension pursuant to Section 13388, or arrests any person for a
violation of Section 23140, 23152, or 23153, the peace officer shall
immediately forward to the department a sworn report of all
information relevant to the enforcement action, including information
that adequately identifies the person, a statement of the officer's
grounds for belief that the person violated Section 23136, 23140,
23152, or 23153, a report of the results of any chemical tests that
were conducted on the person or the circumstances constituting a
refusal to submit to or complete the chemical testing pursuant to
Section 13388 or 23612, a copy of any notice to appear under which
the person was released from custody, and, if immediately available,
a copy of the complaint filed with the court.  For the purposes of
this section and subdivision (g) of Section 23612, "immediately"
means on or before the end of the fifth ordinary business day
following the arrest, except that with respect to Section 13388 only,
"immediately" has the same meaning as that term is defined in
paragraph (3) of subdivision (b) of Section 13388.
   (b) The peace officer's sworn report shall be made on forms
furnished or approved by the department.
   (c) For the purposes of this section, a report prepared pursuant
to subdivision (a) and received pursuant to subdivision (a) of
Section 1801, is a sworn report when it bears an entry identifying
the maker of the document or a signature that has been affixed by
means of an electronic device approved by the department.
13382.  (a) If the chemical test results for a person who has been
arrested for a violation of Section 23152 or 23153 show that the
person has 0.08 percent or more, by weight, of alcohol in the person'
s blood, or if the chemical test results for a person who has been
arrested for a violation of Section 23140 show that the person has
0.05 percent or more, by weight, of alcohol in the person's blood,
the peace officer, acting on behalf of the department, shall serve a
notice of order of suspension or revocation of the person's privilege
to operate a motor vehicle personally on the arrested person.
   (b) If the peace officer serves the notice of order of suspension
or revocation, the peace officer shall take possession of any driver'
s license issued by this state which is held by the person.  When the
officer takes possession of a valid driver's license, the officer
shall issue, on behalf of the department, a temporary driver's
license.  The temporary driver's license shall be an endorsement on
the notice of the order of suspension or revocation and shall be
valid for 30 days from the date of arrest.
   (c) The peace officer shall immediately forward a copy of the
completed notice of order of suspension form, and any driver's
license taken into possession under subdivision (b), with the report
required by Section 13380, to the department.  For the purposes of
this section, "immediately" means on or before the end of the fifth
ordinary business day following the arrest.
13384.  (a) The department shall not issue or renew a driver's
license to any person unless the person consents in writing to submit
to a chemical test or tests of that person's blood, breath, or urine
pursuant to Section 23612, or a preliminary alcohol screening test
pursuant to Section 23136, when requested to do so by a peace
officer.
   (b) All application forms for driver's licenses or driver's
license renewal notices shall include a requirement that the
applicant sign the following declaration as a condition of licensure:
   "I agree to submit to a chemical test of my blood, breath, or
urine for the purpose of determining the alcohol or drug content of
my blood when testing is requested by a peace officer acting in
accordance with Section 13388 or 23612 of the Vehicle Code."
   (c) The department is not, incident to this section, required to
maintain, copy, or store any information other than that to be
incorporated into the standard application form.
13386.  (a) (1) The Department of Motor Vehicles shall certify or
cause to be certified ignition interlock devices required by Article
5 (commencing with Section 23575) of Chapter 2 of Division 11.5 and
publish a list of approved devices.
   (2) (A) The Department of Motor Vehicles shall ensure that
ignition interlock devices that have been certified according to the
requirements of this section continue to meet certification
requirements.  The department may periodically require manufacturers
to indicate in writing whether the devices continue to meet
certification requirements.
   (B) The department may use denial of certification, suspension or
revocation of certification, or decertification of an ignition
interlock device in another state as an indication that the
certification requirements are not met, if either of the following
apply:
   (i) The denial of certification, suspension or revocation of
certification, or decertification in another state constitutes a
violation by the manufacturer of Article 2.55 (commencing with
Section 125.00) of Chapter 1 of Division 1 of the Title 13 of the
California Code of Regulations.
   (ii) The denial of certification for an ignition interlock device
in another state was due to a failure of an ignition interlock device
to meet the standards adopted by the regulation set forth in clause
(i), specifically Sections 1 and 2 of the model specification for
breath alcohol ignition interlock devices, as published by notice in
the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on
pages 11774 to 11787, inclusive.
   (C) Failure to continue to meet certification requirements shall
result in suspension or revocation of certification of ignition
interlock devices.
   (b) The department shall utilize information from an independent
laboratory to certify ignition interlock devices on or off the
premises of the manufacturer or manufacturer's agent, in accordance
with the guidelines.  The cost of certification shall be borne by the
manufacturers of ignition interlock devices.  If the certification
of a device is suspended or revoked, the manufacturer of the device
shall be responsible for, and shall bear the cost of, the removal of
the device and the replacement of a certified device of the
manufacturer or another manufacturer.
   (c) No model of ignition interlock device shall be certified
unless it meets the accuracy requirements and specifications provided
in the guidelines adopted by the National Highway Traffic Safety
Administration.
   (d) All manufacturers of ignition interlock devices that meet the
requirements of subdivision (c) and are certified in a manner
approved by the Department of Motor Vehicles, who intend to market
the devices in this state, first shall apply to the Department of
Motor Vehicles on forms provided by that department.  The application
shall be accompanied by a fee in an amount not to exceed the amount
necessary to cover the costs incurred by the department in carrying
out this section.
   (e) The department shall ensure that standard forms and procedures
are developed for documenting decisions and compliance and
communicating results to relevant agencies.  These forms shall
include all of the following:
   (1) An "Option to Install," to be sent by the Department of Motor
Vehicles to repeat offenders along with the mandatory order of
suspension or revocation.  This shall include the alternatives
available for early license reinstatement with the installation of an
ignition interlock device and shall be accompanied by a toll-free
telephone number for each manufacturer of a certified ignition
interlock device.  Information regarding approved installation
locations shall be provided to drivers by manufacturers with ignition
interlock devices that have been certified in accordance with this
section.
   (2) A "Verification of Installation" to be returned to the
department by the reinstating offender upon application for
reinstatement.  Copies shall be provided for the manufacturer or the
manufacturer's agent.
   (3) A "Notice of Noncompliance" and procedures to ensure continued
use of the ignition interlock device during the restriction period
and to ensure compliance with maintenance requirements.  The
maintenance period shall be standardized at 60 days to maximize
monitoring checks for equipment tampering.
   (f) Every manufacturer and manufacturer's agent certified by the
department to provide ignition interlock devices shall adopt fee
schedules that provide for the payment of the costs of the device by
applicants in amounts commensurate with the applicant's ability to
pay.
13388.  (a)  If a peace officer lawfully detains a person under 21
years of age who is driving a motor vehicle, and the officer has
reasonable cause to believe that the person is in violation of
Section 23136, the officer shall request that the person take a
preliminary alcohol screening test to determine the presence of
alcohol in the person, if a preliminary alcohol screening test device
is immediately available.  If a preliminary alcohol screening test
device is not immediately available, the officer may request the
person to submit to chemical testing of his or her blood, breath, or
urine, conducted pursuant to Section 23612.
   (b) If the person refuses to take, or fails to complete, the
preliminary alcohol screening test or refuses to take or fails to
complete a chemical test if a preliminary alcohol device is not
immediately available, or if the person takes the preliminary alcohol
screening test and that test reveals a blood-alcohol concentration
of 0.01 percent or greater, or if the results of a chemical test
reveal a blood-alcohol concentration of 0.01 percent or greater, the
officer shall proceed as follows:
   (1) The officer, acting on behalf of the department, shall serve
the person with a notice of an order of suspension of the person's
driving privilege.
   (2) The officer shall take possession of any driver's license
issued by this state which is held by the person.  When the officer
takes possession of a valid driver's license, the officer shall
issue, on behalf of the department, a temporary driver's license.
The temporary driver's license shall be an endorsement on the notice
of the order of suspension and shall be valid for 30 days from the
date of issuance, or until receipt of the order of suspension from
the department, whichever occurs first.
   (3) The officer immediately shall forward a copy of the completed
notice of order of suspension form, and any driver's license taken
into possession under paragraph (2), with the report required by
Section 13380, to the department.  For the purposes of this
paragraph, "immediately" means on or before the end of the fifth
ordinary business day after the notice of order of suspension was
served.
   (c) For the purposes of this section, a preliminary alcohol
screening test device is an instrument designed and used to measure
the presence of alcohol in a person based on a breath sample.
13390.  Notwithstanding Section 40000.1, a violation of Section
23136 is neither an infraction nor a public offense, as defined in
Section 15 of the Penal Code.  A violation of Section 23136 is only
subject to civil penalties.  Those civil penalties shall be
administered by the department through the civil administrative
procedures set forth in this code.
13392.  Any person whose license is suspended or delayed issuance
pursuant to Section 13388 shall pay to the department, in addition to
any other fees required for the reissuance, return, or issuance of a
driver's license, one hundred dollars ($100) for the reissuance,
return, or issuance of his or her driver's license.


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