California
Vehicle Code VC 13353.7 - Restricted Noncommercial Driver's License.13353.7.
(a) Subject to subdivision (c), if the person whose driving privilege has been
suspended under Section 13353.2 has not been convicted of, or found to have committed,
a separate violation of Section 23103, as specified in Section 23103.5, or Section
23140, 23152, or 23153 of this code, or Section 191.5 or paragraph (3) of subdivision
(c) of Section 192 of the Penal Code, and if the person's privilege to operate
a motor vehicle has not been suspended or revoked pursuant to Section 13353 or
13353.2 for an offense that occurred on a separate occasion within 10 years of
the occasion in question and, if the person subsequently enrolls in a driving-under-the-influence
program licensed under Section 11836 of the Health and Safety Code, as described
in subdivision (b) of Section 23538, that person, if 21 years of age or older
at the time the offense occurred, may apply to the department for a restricted
driver's license limited to travel to and from the activities required by the
program and to and from and in the course of the person's employment. After receiving
proof of enrollment in the program, and if the person has not been arrested subsequent
to the offense for which the person's driving privilege has been suspended under
Section 13353.2 for a violation of Section 23103, as specified in Section 23103.5,
or Section 23140, 23152, or 23153 of this code, or Section 191.5 or paragraph
(3) of subdivision (c) of Section 192 of the Penal Code, and if the person's privilege
to operate a motor vehicle has not been suspended or revoked pursuant to Section
13353 or 13353.2 for an offense that occurred on a separate occasion, notwithstanding
Section 13551, the department shall, after review pursuant to Section 13557, suspend
the person's privilege to operate a motor vehicle for 30 days and then issue the
person a restricted driver's license under the following conditions: - The
program shall report any failure to participate in the program to the department
and shall certify successful completion of the program to the department.
- The
person was 21 years of age or older at the time the offense occurred and gives
proof of financial responsibility as defined in Section 16430.
- The restriction
shall be imposed for a period of five months.
- If a person who has been
issued a restricted license under this section fails at any time to participate
in the program, the department shall suspend the restricted license immediately.
The department shall give notice of the suspension under this paragraph in the
same manner as prescribed in subdivision (b) of Section 13353.2 for the period
specified in Section 13353.3, that is effective upon receipt by the person.
(b)
Notwithstanding subdivision (a), and upon a conviction of Section 23152 or 23153,
the department shall suspend or revoke the person's privilege to operate a motor
vehicle under Section 13352. (c) If the holder of a commercial driver's
license was operating a commercial vehicle, as defined in Section 15210, at the
time of the violation that resulted in the suspension of that person's driving
privilege under Section 13353.2, the department shall, pursuant to this section,
if the person is otherwise eligible, issue the person a class C driver's license
restricted in the same manner and subject to the same conditions as specified
in subdivision (a), except that the license may not allow travel to and from or
in the course of the person's employment. (d) This section does not apply
to a person whose driving privilege has been suspended or revoked pursuant to
Section 13353 or 13353.2 for an offense that occurred on a separate occasion,
or as a result of a conviction of a separate violation of Section 23103, as specified
in Section 23103.5, or Section 23140, 23152, or 23153, that violation occurred
within 10 years of the offense in question. This subdivision shall be operative
only so long as a one-year suspension of the driving privilege for a second or
subsequent occurrence or offense, with no restricted or hardship licenses permitted,
is required by Section 408 or 410 of Title 23 of the United States Code. (e)
This section shall become operative on September 20, 2005. Added Sec. 10.5,
Ch. 952, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005. California
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