13353.3
. (a) An order of suspension of a person's 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 person's privilege to operate a
motor vehicle under Section 13353.2 is as follows:
(1) 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, 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
person's privilege to operate a motor vehicle shall be suspended for
four months.
(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, 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 person's privilege to operate a motor vehicle shall be
suspended for one year, except as provided in subparagraphs (B) and
(C).
(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 driver's license
pursuant to Section 13352.
(ii) The person installs an ignition interlock device as required
in Section 13352 for that restricted driver's license.
(iii) The person complies with all other applicable conditions of
Section 13352 for a restricted driver's license.
(C) The one-year suspension pursuant to subparagraph (A) shall
terminate after completion of a 90-day suspension period, and the
person shall be eligible for a restricted license if the person has
been convicted of a violation of Section 23103, as specified in
Section 23103.5, arising out of the same occurrence, has no more than
two prior alcohol-related convictions within 10 years, as specified
pursuant to subparagraph (A), and all of the following conditions are
met:
(i) The person satisfactorily provides, subsequent to the
underlying violation date, proof satisfactory to the department of
enrollment in a nine-month driving-under-the-influence program
licensed pursuant to Chapter 9 (commencing with Section 11836) of
Part 2 of Division 10.5 of the Health and Safety Code that consists
of at least 60 hours of program activities, including education,
group counseling, and individual interview sessions.
(ii) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
clause (i).
(iii) The person installs an ignition interlock device and submits
the "Verification of Installation" form described in paragraph (2)
of subdivision (h) of Section 13386.
(iv) The person agrees to maintain the ignition interlock device
as required pursuant to subdivision (g) of Section 23575.
(v) The person provides proof of financial responsibility, as
defined in Section 16430.
(vi) The person pays all license fees and any restriction fee
required by the department.
(vii) The person pays to the department a fee sufficient to cover
the costs of administration of this paragraph, as determined by the
department.
(D) The department shall advise those persons that are eligible
under subparagraph (C) that after completion of 90 days of the
suspension period, the person may apply to the department for a
restricted driver's license, subject to the conditions set forth in
subparagraph (C).
(E) The restricted driving privilege shall become effective when
the department receives all of the documents and fees required under
subparagraph (C) and remain in effect for at least the remaining
period of the original suspension and until the person provides
satisfactory proof to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. The restricted driving privilege
shall be subject to the following conditions:
(i) If the driving privilege is restricted under this section,
proof of financial responsibility, as described in Section 16430,
shall be maintained for three years. If the person does not maintain
that proof of financial responsibility at any time during the
restriction, the driving privilege shall be suspended until the proof
required pursuant to Section 16484 is received by the department.
(ii) For the purposes of this section, enrollment, participation,
and completion of an approved program shall be subsequent to the date
of the current violation. Credit may not be given to a program
activity completed prior to the date of the current violation.
(iii) The department shall terminate the restriction issued
pursuant to this section and shall suspend the privilege to operate a
motor vehicle pursuant to subparagraph (A) immediately upon receipt
of notification from the driving-under-the-influence program that the
person has failed to comply with the program requirements. The
privilege shall remain suspended until the final day of the original
suspension imposed pursuant to subparagraph (A).
(iv) The department shall terminate the restriction issued
pursuant to this section and shall immediately suspend the privilege
to operate a motor vehicle pursuant to subparagraph (A) immediately
upon receipt of notification from the installer that a person has
attempted to remove, bypass, or tamper with the ignition interlock
device, has removed the device prior to the termination date of the
restriction, or fails three or more times to comply with any
requirement for the maintenance or calibration of the ignition
interlock device ordered pursuant to this section. The privilege
shall remain suspended for the remaining period of the original
suspension imposed pursuant to subparagraph (A).
(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 person's 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 States, the
District of Columbia, the Commonwealth of Puerto Rico, or the
Dominion of Canada that, if committed in this state, would be a
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, is a conviction of that
particular section of the Vehicle Code or Penal Code.
(e) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege is not eligible for the
restricted driver's license authorized pursuant to this section.