13353.7
. (a) Subject to subdivision (c), if the person whose
driving privilege has been suspended under Section 13353.2 has not
been convicted of, or found to have committed, a separate violation
of Section 23103, as specified in Section 23103.5, or Section 23140,
23152, or 23153 of this code, or Section 191.5 or subdivision (a) of
Section 192.5 of the Penal Code, and if the person's privilege to
operate a motor vehicle has not been suspended or revoked pursuant to
Section 13353 or 13353.2 for an offense that occurred on a separate
occasion within 10 years of the occasion in question and, if the
person subsequently enrolls in a driving-under-the-influence program
licensed under Section 11836 of the Health and Safety Code, as
described in subdivision (b) of Section 23538, that person, if 21
years of age or older at the time the offense occurred, may apply to
the department for a restricted driver's license limited to travel to
and from the activities required by the program and to and from and
in the course of the person's employment. After receiving proof of
enrollment in the program, and if the person has not been arrested
subsequent to the offense for which the person's driving privilege
has been suspended under Section 13353.2 for a violation of Section
23103, as specified in Section 23103.5, or Section 23140, 23152, or
23153 of this code, or Section 191.5 or subdivision (a) of Section
192.5 of the Penal Code, and if the person's privilege to operate a
motor vehicle has not been suspended or revoked pursuant to Section
13353 or 13353.2 for an offense that occurred on a separate occasion,
notwithstanding Section 13551, the department shall, after review
pursuant to Section 13557, suspend the person's privilege to operate
a motor vehicle for 30 days and then issue the person a restricted
driver's license under the following conditions:
(1) The program shall report any failure to participate in the
program to the department and shall certify successful completion of
the program to the department.
(2) The person was 21 years of age or older at the time the
offense occurred and gives proof of financial responsibility as
defined in Section 16430.
(3) The restriction shall be imposed for a period of five months.
(4) If a person who has been issued a restricted license under
this section fails at any time to participate in the program, the
department shall suspend the restricted license immediately. The
department shall give notice of the suspension under this paragraph
in the same manner as prescribed in subdivision (b) of Section
13353.2 for the period specified in Section 13353.3, that is
effective upon receipt by the person.
(b) Notwithstanding subdivision (a), and upon a conviction of
Section 23152 or 23153, the department shall suspend or revoke the
person's privilege to operate a motor vehicle under Section 13352.
(c) If the driver was operating a commercial vehicle, as defined
in Section 15210, at the time of the violation that resulted in the
suspension of that person's driving privilege under Section 13353.2,
the department shall, pursuant to this section, if the person is
otherwise eligible, issue the person a class C or class M driver's
license restricted in the same manner and subject to the same
conditions as specified in subdivision (a), except that the license
may not allow travel to and from or in the course of the person's
employment.
(d) If the holder of a commercial driver's license was operating a
motor vehicle, other than a commercial vehicle as defined in Section
15210, at the time of the violation that resulted in the suspension
of that person's driving privilege pursuant to Section 13353.2, the
department shall, pursuant to this section, if the person is
otherwise eligible, issue the person a class C or class M driver's
license restricted in the same manner and subject to the same
conditions as specified in subdivision (a).
(e) This section does not apply to a person whose driving
privilege has been suspended or revoked pursuant to Section 13353 or
13353.2 for an offense that occurred on a separate occasion, or as a
result of a conviction of a separate violation of Section 23103, as
specified in Section 23103.5, or Section 23140, 23152, or 23153, when
that violation occurred within 10 years of the offense in question.
This subdivision shall be operative only so long as a one-year
suspension of the driving privilege for a second or subsequent
occurrence or offense, with no restricted or hardship licenses
permitted, is required by Section 408 or 410 of Title 23 of the
United States Code.