(a) An order of suspension of a personâs 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 personâs privilege to operate a motor vehicle under Section 13353.2 is as follows: (1) (A) If the person has not been convicted of a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, the person has not been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1 of this code, 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, which offense or occurrence occurred within 10 years of the occasion in question, the personâs privilege to operate a motor vehicle shall be suspended for four months, except as provided in subparagraph (B). (B) The four-month suspension pursuant to subparagraph (A) shall terminate if the person has been convicted of a violation arising out of the same occurrence and all of the following conditions are met: (i) The person is eligible for a restricted driverâs license pursuant to Section 13352 or 13352.1. (ii) The person installs a functioning, certified ignition interlock device as required in Section 13352 or 13352.1 for that restricted driverâs license. (iii) The person complies with all other applicable conditions of Section 13352 or 13352.1 for a restricted driverâs license. (2) (A) If the person has been convicted of one or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, the person has been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1 of this code, 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, which offense or occasion occurred within 10 years of the occasion in question, the personâs privilege to operate a motor vehicle shall be suspended for one year, except as provided in subparagraph (B). (B) The one-year suspension pursuant to subparagraph (A) shall terminate if the person has been convicted of a violation arising out of the same occurrence and all of the following conditions are met: (i) The person is eligible for a restricted driverâs license pursuant to Section 13352 or 13352.1. (ii) The person installs a functioning, certified ignition interlock device as required in Section 13352 or 13352.1 for that restricted driverâs license. (iii) The person complies with all other applicable conditions of Section 13352 or 13352.1 for a restricted driverâs license. (3) Notwithstanding any other 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 personâs 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 an offense in any state, territory, or possession of the United St
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.