California
Vehicle Code VC 13352.5 - Restricted Driver's License: Second Offense.13352.5.
(a) The department shall issue a restricted driver's license to a person whose
driver's license was suspended under paragraph (3) of subdivision (a) of Section
13352, if all of the following requirements have been met: - 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 23542 has been received in the department's headquarters.
- The
person submits proof of financial responsibility, as described in Section 16430.
- The
person completes not less than 12 months of the suspension period imposed under
paragraph (3) of subdivision (a) of Section 13352. The 12 months may include credit
for any suspension period served under subdivision (c) of Section 13353.3.
- The
person 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 (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 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. No
credit may 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 under paragraph
(3) of subdivision (a) of Section 13352 upon receipt of notification from the
driving-under-the-influence program that the person has failed to comply with
the program requirements. (g) If, upon conviction, the court has made the
determination, as authorized under subdivision (b) of Section 23540 or subdivision
(d) of Section 23542, to disallow the issuance of a restricted driver's license,
the department may not issue a restricted driver's license under this section. (h)
Any 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 described in paragraph (3) of subdivision
(a) of Section 13352, 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: - Has been convicted of a violation of
Section 23152 that occurred on or before July 1, 1999, and is punishable under
Section 23540, or former Section 23165.
- Was granted probation for the
conviction subject to conditions imposed under subdivision (b) of Section 23542,
or under subdivision (b) of former Section 23166.
- Is no longer subject
to the probation described in paragraph (2).
- 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.
- Has no violations
in his or her driving record that would preclude issuance of a restricted driver's
license.
(j) This section shall become operative on September 20,
2005. Amended Sec. 6.5, Ch. 551, Stats. 2004. Effective January 1, 2005.
Operative September 20, 2005. California
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