California
Vehicle Code VC 13353.3 - Order of Suspension.13353.3. (a) An order of
suspension of a person's privilege to operate a motor vehicle pursuant to Section
13353.2 shall become effective 30 days after the person is served with the notice
pursuant to Section 13382 or 13388, or subdivision (b) of Section 13353.2. (b)
The period of suspension of a person's privilege to operate a motor vehicle under
Section 13353.2 is as follows: - Except as provided in Section 13353.6,
if the person has not been convicted of a separate violation of Section 23103,
as specified in Section 23103.5, of Section 23140, 23152, or 23153, of Section
191.5 of the Penal Code, or of paragraph (3) of subdivision (c) of Section 192
of that code, the person has not been administratively determined to have refused
chemical testing pursuant to Section 13353 or 13353.1, or the person has not been
administratively determined to have been driving with an excessive concentration
of alcohol pursuant to Section 13353.2 on a separate occasion, that offense or
occurrence occurred within 10 years of the occasion in question, the person's
privilege to operate a motor vehicle shall be suspended for four months.
- (2)
If the person has been convicted of one or more separate violations of Section
23103, as specified in Section 23103.5, Section 23140, 23152, or 23153, Section
191.5 of the Penal Code, or paragraph (3) of subdivision (c) of Section 192 of
that code, the person has been administratively determined to have refused chemical
testing pursuant to Section 13353 or 13353.1, or the person has been administratively
determined to have been driving with an excessive concentration of alcohol pursuant
to Section 13353.2 on a separate occasion, that offense or occasion occurred within
10 years of the occasion in question, the person's privilege to operate a motor
vehicle shall be suspended for one year.
- (3) Notwithstanding any other
provision of law, if a person has been administratively determined to have been
driving in violation of Section 23136 or to have refused chemical testing pursuant
to Section 13353.1, the period of suspension shall not be for less than one year.
(c)
If a person's privilege to operate a motor vehicle is suspended pursuant to Section
13353.2 and the person is convicted of a violation of Section 23152 or 23153,
including, but not limited to, a violation described in Section 23620, arising
out of the same occurrence, both the suspension under Section 13353.2 and the
suspension or revocation under Section 13352 shall be imposed, except that the
periods of suspension or revocation shall run concurrently, and the total period
of suspension or revocation shall not exceed the longer of the two suspension
or revocation periods. (d) For the purposes of this section, a conviction
of any offense in any 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, or 23153, or Section 191.5 or paragraph
(3) of subdivision (c) of Section 192 of the Penal Code, is a conviction of that
particular section of the Vehicle Code or Penal Code. (e) This section shall
become operative on September 20, 2005. Added Sec. 8.5, Ch. 551, Stats.
2004. Effective January 1, 2005. Operative September 20, 2005. California
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