Driver license suspension: Difference between revisions

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==Driving Under the Influence==
==Driving Under the Influence==
A restricted license allows driving to work and back only.
An IID will allow driving anywhere.


===Administrative Per Se (APS) suspension===
===Administrative Per Se (APS) suspension===
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!Restriction eligibility
!Restriction eligibility
|-
|-
|23152 before 01/01/19 with no priors||At least four months||
|23152 before 01/01/19 with no priors||At least four months||5-months restricted after 30 days hard
|-
|-
|rowspan ="2"|23152 after 01/01/19 with no priors||rowspan ="2"|At least four months||IID for 4 months immediately '''OR'''
|rowspan ="2"|23152 after 01/01/19 with no priors||rowspan ="2"|At least four months||IID for 4 months immediately '''OR'''
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|-
|-
|23152 after 01/01/19 with 1 or more priors||At least one year||IID for 1 year immediately
|23152 after 01/01/19 with 1 or more priors||At least one year||IID for 1 year immediately
|-
|23152 after 01/01/19 with no prior and with refusal||At least one year||No restricted
|-
|rowspan ="2"|23153 after 01/01/19 with no priors||rowspan ="2"|At least four months||IID for 4 months immediately '''OR'''
|-
|5-months restricted after 30 days hard
|-
|23152 after 01/01/19 with 1 prior and with refusal||At least two years||No restricted
|-
|23152 after 01/01/19 with 2 or more priors and with refusal||At least three years||No restricted
|-
|-
|rowspan ="2"|23153 after 01/01/19 with no priors||rowspan ="2"|At least four months||IID for 4 months immediately '''OR'''
|rowspan ="2"|23153 after 01/01/19 with no priors||rowspan ="2"|At least four months||IID for 4 months immediately '''OR'''
|-
|5-months restricted after 30 days hard
|-
|23153 after 01/01/19 with no priors||At least four months||IID for 1 year
|-
|23153 after 01/01/19 with 1 or more priors||At least one year||IID for 1 year immediately
|-
|VC23136/VC23140||
|-
|DUI Probation||
|-
|Refusal||
|-
|DUI in commercial vehicle||
|}
|}


===DUI Conviction Suspension===
===DUI Conviction Suspension===
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|Conviction||Suspension period||Restriction availability
|Conviction||Suspension period||Restriction availability
|-
|-
|"Wet reckless"||No suspension
|23103 punished under 23103.5||No suspension
|-
|-
|23152 before 01/01/19 with no priors||At least six months
|23152 before 01/01/19 with no priors||At least six months||Restricted immediately
|-
|-
|rowspan ="2"|23152 after 01/01/19 with no priors||rowspan ="2"|At least six months||IID for 6 months immediately
|rowspan ="2"|23152 after 01/01/19 with no priors||rowspan ="2"|At least six months||IID for 6 months (10 months if BAC>0.20) immediately '''OR'''
|-
|-
|Restricted for 1 year immediately
|Restricted for 1 year immediately
|-
|-
|23152 with >0.20 BAC after 01/01/19 with no priors||At least six months||Immediately
|rowspan ="2"|23152 after 01/01/19 with refusal||rowspan ="2"|At least one year||IID for 6 months (10 months if BAC>0.20) immediately '''OR'''
|-
|Restricted for 1 year immediately
|-
|-
|23152 before 01/01/19 with 1 prior||At least 2 years suspension||Restricted after 90 days for alcohol or 12 months for drugs
|23152 before 01/01/19 with 1 prior||At least 2 years suspension||Restricted after 90 days for alcohol or 12 months for drugs
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|23152 before 01/01/19 with 2 priors||At least 3 years||Restricted after 6 months for alcohol or 12 months for drugs
|23152 before 01/01/19 with 2 priors||At least 3 years||Restricted after 6 months for alcohol or 12 months for drugs
|-
|-
|23152 after 01/01/19 with 2 priors||At least 3 year suspension|||IID for 2 years immediately
|23152 after 01/01/19 with 2 priors||At least 3 years suspension|||IID for 2 years immediately
|-
|-
|23152 before 01/01/19 with prior felony or 3 priors||At least 4 years||At least 12 months completed of SB38/MOP
|23152 before 01/01/19 with prior felony or 3 priors||At least 4 years||At least 12 months completed of SB38/MOP
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|23152 after 01/01/19 with 3 priors||At least 4 years||IID for 3 years immediately
|23152 after 01/01/19 with 3 priors||At least 4 years||IID for 3 years immediately
|-
|-
|23153 before 01/01/19 with no priors|
|23153 before 01/01/19 with no priors
|-
|-
|23153 after 01/01/19 with no priors||At least 1 year||IID for 1 year immediately
|23153 after 01/01/19 with no priors||At least 1 year||IID for 1 year immediately
|-
|-
|23153 before 01/01/19 with 1 prior||At least 3 years||At least 12 months completed of SB38/MOP
|23153 before 01/01/19 with 1 prior||At least 3 years||At least 12 months completed of SB38/MOP
|-
|23153 after 01/01/19 with 1 prior||At least 2 years||IID for 2 years immediately
|-
|-
|23153 before 01/01/19 with prior felony or 2 priors||At least 5 years||At least 12 months completed of SB38/MOP
|23153 before 01/01/19 with prior felony or 2 priors||At least 5 years||At least 12 months completed of SB38/MOP
|-
|23153 after 01/01/19 with 2 priors||At least 3 years||IID for 3 years immediately
|-
|-
|}
|}
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==Discretionary action by DMV==
==Discretionary action by DMV==
Independent of court action, the DMV may also suspend for a VC20002 conviction under VC13361.
Independent of court action, the DMV may also suspend for a VC20002 conviction under VC13361.
==Offense==
===VC14601===
Suspension for VC23103, VC23104
===VC14601.1===
===VC14601.2===
Suspension as a result of VC23152, VC23153, PC191.5, or PC192(c)
Installation of IID is required
===VC14601.3===
Habitual offender
===VC14601.4===
===VC14601.5===
Misdemeanor for driving on APS suspension.
===VC14603===
Driving in violation of restrictions
===VC14604===
Lending vehicle to unlicensed or  suspended driver

Latest revision as of 02:05, 3 September 2019

Negligent operator

A negligent operator is a driver with 4 points in 12 months, or 6 points in 24 months, or 8 points in 36 months.

Code Violation Points
VC2800.2, VC2800.3 Evading peace officer 2
VC14601, VC14601.1, VC14601.2, VC14601.3, VC14601.4 Driving on suspended license 2
VC21651(b) Driving on wrong side of divided road 2
VC22348(b) Driving over 100MPH 2
VC23103 Reckless driving 2
VC23104 Reckless driving with injury 2
VC23109 Speed contest or exhibition of speed 2
VC23140 Minor with >0.05BAC 2
VC23152 Driving under the influence 2
VC23153 Driving under the influence with injury 2
VC31602 Transportation of explosives 2

Driving Under the Influence

A restricted license allows driving to work and back only. An IID will allow driving anywhere.

Administrative Per Se (APS) suspension

Offense Suspension period Restriction eligibility
23152 before 01/01/19 with no priors At least four months 5-months restricted after 30 days hard
23152 after 01/01/19 with no priors At least four months IID for 4 months immediately OR
5-months restricted after 30 days hard
23152 after 01/01/19 with 1 or more priors At least one year IID for 1 year immediately
23152 after 01/01/19 with no prior and with refusal At least one year No restricted
23153 after 01/01/19 with no priors At least four months IID for 4 months immediately OR
5-months restricted after 30 days hard
23152 after 01/01/19 with 1 prior and with refusal At least two years No restricted
23152 after 01/01/19 with 2 or more priors and with refusal At least three years No restricted
23153 after 01/01/19 with no priors At least four months IID for 4 months immediately OR
5-months restricted after 30 days hard
23153 after 01/01/19 with no priors At least four months IID for 1 year
23153 after 01/01/19 with 1 or more priors At least one year IID for 1 year immediately
VC23136/VC23140
DUI Probation
Refusal
DUI in commercial vehicle

DUI Conviction Suspension

Conviction Suspension period Restriction availability
23103 punished under 23103.5 No suspension
23152 before 01/01/19 with no priors At least six months Restricted immediately
23152 after 01/01/19 with no priors At least six months IID for 6 months (10 months if BAC>0.20) immediately OR
Restricted for 1 year immediately
23152 after 01/01/19 with refusal At least one year IID for 6 months (10 months if BAC>0.20) immediately OR
Restricted for 1 year immediately
23152 before 01/01/19 with 1 prior At least 2 years suspension Restricted after 90 days for alcohol or 12 months for drugs
23152 after 01/01/19 with 1 prior At least 2 years suspension IID for one year immediately OR
1 year restricted after 1 year hard
23152 before 01/01/19 with 2 priors At least 3 years Restricted after 6 months for alcohol or 12 months for drugs
23152 after 01/01/19 with 2 priors At least 3 years suspension IID for 2 years immediately
23152 before 01/01/19 with prior felony or 3 priors At least 4 years At least 12 months completed of SB38/MOP
23152 after 01/01/19 with 3 priors At least 4 years IID for 3 years immediately
23153 before 01/01/19 with no priors
23153 after 01/01/19 with no priors At least 1 year IID for 1 year immediately
23153 before 01/01/19 with 1 prior At least 3 years At least 12 months completed of SB38/MOP
23153 after 01/01/19 with 1 prior At least 2 years IID for 2 years immediately
23153 before 01/01/19 with prior felony or 2 priors At least 5 years At least 12 months completed of SB38/MOP
23153 after 01/01/19 with 2 priors At least 3 years IID for 3 years immediately

Suspension by court

For a VC20002, a court may order up to a six-month suspension under VC13201(a).

Automatic action by DMV

Upon a conviction of the following, a license is suspended for one year:

  • VC20001, pursuant to VC13350(a)(1).

Upon a conviction of the following, a license is suspended for three years: Three or more VC20001s or VC20002s within a year under VC13351(a)(2).

Upon a felony conviction of Penal Code section 245 and a finding by the court that a vehicle was the deadly weapon used to commit the offense, the driver license is permanently revoked. (VC13351.5)

Discretionary action by DMV

Independent of court action, the DMV may also suspend for a VC20002 conviction under VC13361.

Offense

VC14601

Suspension for VC23103, VC23104

VC14601.1

VC14601.2

Suspension as a result of VC23152, VC23153, PC191.5, or PC192(c)

Installation of IID is required

VC14601.3

Habitual offender


VC14601.4

VC14601.5

Misdemeanor for driving on APS suspension.

VC14603

Driving in violation of restrictions

VC14604

Lending vehicle to unlicensed or suspended driver

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