Driver license suspension: Difference between revisions

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|23152 with >0.20 BAC after 01/01/19 with no priors||At least six months||Immediately
|23152 with >0.20 BAC after 01/01/19 with no priors||At least six months||Immediately
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|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||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||6 months for alcohol DUI or 12 months for drug DUI
|23152 after 01/01/19 with 1 prior||At
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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
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|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

Revision as of 21:37, 22 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

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 four months IID for 4 months immediately OR
5-months restricted after 30 days


DUI Conviction Suspension

Conviction Suspension period Restriction
"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 IID for 6 months immediately
Restricted for 1 year immediately
23152 with >0.20 BAC 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 Restricted after 90 days for alcohol or 12 months for drugs
23152 after 01/01/19 with 1 prior At
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 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.