California
Vehicle Code VC 13353.2 - Immediate Suspension.13353.2. (a) The department
shall immediately suspend the privilege of any person to operate a motor vehicle
for any one of the following reasons: - The person was driving a motor
vehicle when the person had 0.08 percent or more, by weight, of alcohol in his
or her blood.
- The person was under 21 years of age and had a blood-alcohol
concentration of 0.01 percent or greater, as measured by a preliminary alcohol
screening test, or other chemical test.
(b) The notice of the order
of suspension under this section shall be served on the person by a peace officer
pursuant to Section 13388 or 13382. The notice of the order of suspension shall
be on a form provided by the department. If the notice of the order of suspension
has not been served upon the person by the peace officer pursuant to Section 13388
or 13382, upon the receipt of the report of a peace officer submitted pursuant
to Section 13380, the department shall mail written notice of the order of the
suspension to the person at the last known address shown on the department's records
and, if the address of the person provided by the peace officer's report differs
from the address of record, to that address. (c) The notice of the order
of suspension shall clearly specify the reason and statutory grounds for the suspension,
the effective date of the suspension, the right of the person to request an administrative
hearing, the procedure for requesting an administrative hearing, and the date
by which a request for an administrative hearing shall be made in order to receive
a determination prior to the effective date of the suspension. (d) The department
shall make a determination of the facts in subdivision (a) on the basis of the
report of a peace officer submitted pursuant to Section 13380. The determination
of the facts, after administrative review pursuant to Section 13557, by the department
is final, unless an administrative hearing is held pursuant to Section 13558 and
any judicial review of the administrative determination after the hearing pursuant
to Section 13559 is final. (e) The determination of the facts in subdivision
(a) is a civil matter which is independent of the determination of the person's
guilt or innocence, shall have no collateral estoppel effect on a subsequent criminal
prosecution, and shall not preclude the litigation of the same or similar facts
in the criminal proceeding. If a person is acquitted of criminal charges relating
to a determination of facts under subdivision (a), or if the person's driver's
license was suspended pursuant to Section 13388 and the department finds no basis
for a suspension pursuant to that section, the department shall immediately reinstate
the person's privilege to operate a motor vehicle if the department has suspended
it administratively pursuant to subdivision (a), and the department shall return
or reissue for the remaining term any driver's license which has been taken from
the person pursuant to Section 13382 or otherwise. Notwithstanding subdivision
(b) of Section 13558, if criminal charges under Section 23140, 23152, or 23153
are not filed by the district attorney because of a lack of evidence, or if those
charges are filed but are subsequently dismissed by the court because of an insufficiency
of evidence, the person has a renewed right to request an administrative hearing
before the department. The request for a hearing shall be made within one year
from the date of arrest. (f) The department shall furnish a form that requires
a detailed explanation specifying which evidence was defective or lacking and
detailing why that evidence was defective or lacking. The form shall be made available
to the person to provide to the district attorney. The department shall hold an
administrative hearing, and the hearing officer shall consider the reasons for
the failure to prosecute given by the district attorney on the form provided by
the department. If applicable, the hearing officer shall consider the reasons
stated on the record by a judge who dismisses the charges. No fee shall be imposed
pursuant to Section 14905 for the return or reissuing of a driver's license pursuant
to this subdivision. The disposition of a suspension action under this section
does not affect any action to suspend or revoke the person's privilege to operate
a motor vehicle under any other provision of this code, including, but not limited
to, Section 13352 or 13353, or Chapter 3 (commencing with Section 13800). Amended
Ch. 1281, Stats. 1992. Effective January 1, 1993.
Amended Ch. 1244, Stats.
1993. Effective January 1, 1994.
Amended Ch. 938, Stats. 1994. Effective September
28, 1994.
Amended Sec. 3.12, Ch. 118, Stats. 1998. Effective January 1, 1999.
Operative July 1, 1999.
Amended Sec. 14, Ch. 22, Stats. 1999. Effective May
26, 1999. Operative July 1, 1999. California
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