Driver license suspension: Difference between revisions
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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 | ||
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|23152 after 01/01/19 with refusal||At least one year||No restricted | |23152 after 01/01/19 with no prior and with refusal||At least one year||No restricted | ||
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|rowspan ="2"|23153 after 01/01/19 with no priors||rowspan ="2"|At least four months||IID for 4 months immediately '''OR''' | |||
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|5-months restricted after 30 days hard | |||
|- | |||
|23152 after 01/01/19 with 1 prior and with refusal||At least two years||No restricted | |||
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|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''' | ||
Revision as of 17:11, 26 July 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 |
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 |
| 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 |
| 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.