Driver license suspension: Difference between revisions
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{| class="wikitable" | {| class="wikitable" | ||
|Conviction||Suspension period||Restriction eligibility | |Conviction||Suspension period||Restriction eligibility||Restriction Length | ||
|- | |- | ||
|"Wet reckless"||No suspension|| | |"Wet reckless"||No suspension|| | ||
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|23152 before 01/01/19 with no priors||At least six months|| | |23152 before 01/01/19 with no priors||At least six months|| | ||
|- | |- | ||
|23152 after 01/01/19 with no priors||At least six months|| | |23152 after 01/01/19 with no priors||At least six months||Immediately|| | ||
|- | |- | ||
|23152 before 01/01/19 with 1 prior||At least 2 years suspension||90 days for alcohol DUI or 12 months for drug DUI | |23152 before 01/01/19 with 1 prior||At least 2 years suspension||90 days for alcohol DUI or 12 months for drug DUI | ||
Revision as of 14:20, 10 June 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
Administrative Per Se (APS) suspension
| Offense | Suspension period | Restriction eligibility |
| 23152 before 01/01/19 with no priors | At least four months | |
| 23152 after 01/01/19 with no priors | At least six months |
DUI Conviction Suspension
| Conviction | Suspension period | Restriction eligibility | Restriction Length |
| "Wet reckless" | No suspension | ||
| 23152 before 01/01/19 with no priors | At least six months | ||
| 23152 after 01/01/19 with no priors | At least six months | Immediately | |
| 23152 before 01/01/19 with 1 prior | At least 2 years suspension | 90 days for alcohol DUI or 12 months for drug DUI | |
| 23152 before 01/01/19 with 2 priors | At least 3 years | 6 months for alcohol DUI or 12 months for drug DUI | |
| 23152 before 01/01/19 with prior felony or 3 priors | At least 4 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 before 01/01/19 with prior felony or 2 priors | At least 5 years | At least 12 months completed of SB38/MOP |
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.