Section 13353.8 Of Article 3. Suspension And Revocation By Department From California Vehicle Code >> Division 6. >> Chapter 2. >> Article 3.
13353.8
. (a) After the department has issued an order suspending or
delaying driving privileges as a result of a violation of
subdivision (a) of Section 23136, the department, upon the petition
of the person affected, may review the order and may impose
restrictions on the person's privilege to drive based upon a showing
of a critical need to drive, if the department determines that,
within 10 years of the current violation of Section 23136, the person
has not violated Section 23136 or been convicted of a separate
violation of Section 23140, 23152, or 23153, or of Section 23103,
with a plea of guilty under Section 23103.5, or of Section 191.5 or
subdivision (a) of Section 192.5 of, the Penal Code, and that the
person's driving privilege has not been suspended or revoked under
Section 13353, 13353.1, or 13353.2 within that 10-year period.
(b) For purposes of this section, a conviction of an offense in a
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,
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.
(c) As used in this section, "critical need to drive" means the
circumstances that are required to be shown for the issuance of a
junior permit pursuant to Section 12513.
(d) The restriction shall be imposed not earlier than the 31st day
after the date the order of suspension became effective and shall
remain in effect for the balance of the period of suspension or
restriction in this section.