Vehicle Code § 13352

"Conviction-based License Suspensions"

(Simplified Version)

(a) The DMV shall issue a restricted driver’s license to a person whose driver’s license was suspended based on a DUI conviction if all of the following requirements have been met:

 

(1) Enrollment in, or completion of the DUI program. 

(2) Proof of financial responsibility, also known as the SR-22. 

(3) 12 months of suspension, including credit for any suspension time served under the administrative (DMV hearing) suspension. 

(4) Pay all applicable fees and any restriction fee required by the DMV.

(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (3) of subdivision (a) of Section 13352, or until the date all reinstatement requirements described in Section 13352 have been met, whichever date is later.

(c) The restricted license is limited to the hours necessary for driving to and from the person’s place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.

(d) The SR-22 needs to stay current for three years or your license suspension will be re-imposed. 

(e) For the purposes of this section, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the arrest. Credit shall not be given to any program activities completed prior to the date of the current violation.

(f) The department shall terminate the restriction imposed pursuant to this section and shall suspend the privilege to drive upon receipt of notification from the DUI program that the person has failed to comply with the program requirements.

 

(g) If the court has made the determination to disallow the issuance of a restricted driver’s license, the DMV shall not issue a restricted driver’s license under this section.

(h) A person restricted pursuant to this section may apply to the department for a restricted driver’s license, subject to the conditions specified in paragraph (3) of subdivision (a) of Section 13352. Whenever proof of financial responsibility has already been provided and a restriction fee has been paid in compliance with restrictions described in this section, and the offender subsequently receives an ignition interlock device restriction, the proof of financial responsibility period shall not be extended beyond the previously established term and no additional restriction fee shall be required.

(i) This section applies to a person who meets all of the following conditions:

(1) Has been convicted of misdemeanor DUI, first offense. 

(2) Was granted probation for the conviction.... 

 

(3) Is no longer subject to the probation described in paragraph (2).

 

(4) Has not completed the licensed driving-under-the-influence program under paragraph (3) of subdivision (a) of Section 13352 for reinstatement of the driving privilege.

 

(5) Has no violations in his or her driving record that would preclude issuance of a restricted driver’s license.

 

(Amended (as amended by Stats. 2009, Ch. 193) by Stats. 2010, Ch. 30, Sec. 1. (SB 895) Effective June 22, 2010. Amendments operative July 1, 2010, pursuant to Stats. 2009, Ch. 193, Sec. 9.)

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