California Vehicle Code

§ 13353.7

VEH § 13353.7 Effective Jan 1, 2013Div. 6 · Ch. 2 · Art. 3

Statute text

(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 subdivision (a) of Section 192.5 of the Penal Code, and if the person’s privilege to operate a motor vehicle has not been suspended or revoked pursuant to Section 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 subdivision (a) of Section 192.5 of the Penal Code, and if the person’s privilege to operate a motor vehicle has not been suspended or revoked pursuant to Section 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.

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Legislative history

Amended by Stats. 2012, Ch. 670, Sec. 5. (AB 2188) Effective January 1, 2013.