San Diego DMV License Suspension Hearing for DUI
I Driving Under the Influence
California Vehicle Code VC 13353.7 - Restricted Noncommercial Driver's License.
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:
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.
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.
The restriction shall be imposed for a period of five months.
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.
Added Sec. 10.5, Ch. 952, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.
RESTRICTED LICENSE ELIGIBILITY
You may be eligible for a noncommercial restricted driver license if:
this is your first offense,** and
you completed a chemical test, and
the results showed a BAC level of 0.08% or more, and
you were 21 years of age or older (VC §13353.7), and
your driving privilege is not suspended or revoked for some other reason.
** FIRST OFFENSE. You must not have had another offense within ten years of a separate DUI violation, including a charge reduced to reckless driving, vehicular manslaughter, or violation of VC §23140, which resulted in a conviction or separate administrative determination that you were driving with a BAC of 0.01% or more while under age 21, or 0.08% or more at any age, or you refused a chemical test.
NOTE: If you have a commercial driver license, you must downgrade to a Class C. If you were cited in a:
noncommercial vehicle, you may be eligible for a restriction to drive to/from a DUI treatment program, and to/from/during course of employment only.
commercial vehicle, you may be eligible for a restriction to drive to/from a DUI treatment program only.
NONCOMMERCIAL RESTRICTED LICENSE
To be issued a noncommercial restricted driver license, you must:
enroll in a licensed driving under the influence (DUI) First Offender program. (You must notify the program provider that you intend to apply for a restricted driver license.)
ask the program provider to file a Proof of Enrollment Certificate (DL 107) in a licensed DUI First Offender Program with DMV. (VC §23538[b])
file proof of financial responsibility (i.e., a California Insurance Proof Certificate [SR 22], $35,000 cash deposit, surety bond, or self insurer certificate under VC §16430).
pay a $125 reissue fee.
wait until the end of the mandatory 30-day suspension period before applying for a restricted DL.
request a To/From/During Course of Employment and DUI Program Restriction. Your driving privilege will be restricted to allow you to drive to, from, and during the course of your employment and to and from the DUI program. This restriction is valid for five months.
NOTE: If you enroll and fail to participate or do not complete the DUI program, DMV will immediately revoke your restricted license and reimpose the suspension.
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