California Vehicle Code VC 13352.4 - First Offense: Completion
of DUI Program and Restricted Driver's License.
13352.4. (a) Except as provided in subdivision (h), the department
shall issue a restricted driver's license to a person whose
driver's license was suspended under paragraph (1) of subdivision
(a) of Section 13352, if the person meets all of the following
requirements:
- Submits proof satisfactory to the department of enrollment
in, or completion of, a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety
Code, as described in subdivision (b) of Section 23538.
- Submits proof of financial responsibility, as defined
in Section 16430.
- Pays all applicable reinstatement or reissue fees and
any restriction fee required by the department.
(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 (1) of subdivision (a) of Section 13352, or
until the date all reinstatement requirements described in
Section 13352 have been met, whichever date is later, and
may include credit for any suspension period served under
subdivision (c) of Section 13353.3.
(c) The restriction of the driving privilege shall be 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) Whenever the driving privilege is restricted under this
section, proof of financial responsibility, as defined 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 under Section
16484 is received by the department.
(e) 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.
(f) The department shall terminate the restriction issued
under this section and shall suspend the privilege to operate
a motor vehicle pursuant to paragraph (1) of subdivision (a)
of Section 13352 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 under paragraph (1) of subdivision (a)
of Section 13352, or until the date all reinstatement requirements
described in Section 13352 have been met, whichever date is
later.
(g) 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 under paragraph
(1) of subdivision (a) of Section 13352 is not eligible for
the restricted driver's license authorized under this section.
(h) If, upon conviction, the court has made the determination,
as authorized under subdivision (d) of Section 23536 or paragraph
(3) of subdivision (a) of Section 23538, to disallow the issuance
of a restricted driver's license, the department may not issue
a restricted driver's license under this section.
(i) This section shall become operative on September 20,
2005.
Added Sec. 5, Ch. 551, Stats. 2004. Effective January 1,
2005. Operative September 20, 2005.
California
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