(a) The department shall immediately suspend or revoke
the privilege of a person to operate a motor vehicle upon
the receipt of an abstract of the record of any court showing
that the person has been convicted of a violation of Section
23152 or 23153 or subdivision (a) of Section 23109, or upon
the receipt of a report of a judge of the juvenile court,
a juvenile traffic hearing officer, or a referee of a juvenile
court showing that the person has been found to have committed
a violation of Section 23152 or 23153 or subdivision (a)
of Section 23109. If any offense specified in this section
occurs in a vehicle defined in Section 15210, the suspension
or revocation specified below shall apply to the noncommercial
driving privilege. The commercial driving privilege shall
be disqualified as specified in Sections 15300 to 15302,
inclusive. For the purposes of this section, suspension
or revocation shall be as follows:
(1) Except as required under Section 13352.4, upon a conviction
or finding of a violation of Section 23152 punishable under
Section 23536, the privilege shall be suspended for a period
of six months. The privilege may not be reinstated until
the person gives proof of financial responsibility and gives
proof satisfactory to the department of successful completion
of a driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code described
in subdivision (b) of Section 23538. If the court, as authorized
under paragraph (3) of subdivision (b) of Section 23646,
elects to order a person to enroll, participate and complete
either program described in paragraph (4) of subdivision
(b) of Section 23542, the department shall require that
program in lieu of the program described in subdivision
(b) of Section 23538. For the purposes of this paragraph,
enrollment, participation, and completion of an approved
program shall be subsequent to the date of the current violation.
Credit may not be given to any program activities completed
prior to the date of the current violation.
(2) Upon a conviction or finding of a violation of Section
23153 punishable under Section 23554, the privilege shall
be suspended for a period of one year. The privilege may
not be reinstated until the person gives proof of financial
responsibility and gives proof satisfactory to the department
of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code as described in subdivision (b) Section
23556. If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person
to enroll, participate, and complete either program described
in paragraph (4) of subdivision (b) of Section 23542, the
department shall require that program in lieu of the program
described in Section 23556. For the purposes of this paragraph,
enrollment, participation, and completion of an approved
program shall be subsequent to the date of the current violation.
Credit may not be given to any program activities completed
prior to the date of the current violation.
(3) Except as provided in Section 13352.5, upon a conviction
or finding of a violation of Section 23152 punishable under
Section 23540, the privilege shall be suspended for two
years. The privilege may not be reinstated until the person
gives proof of financial responsibility and gives proof
satisfactory to the department of successful 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. For the purposes of
this paragraph, enrollment, participation, and completion
of an approved program shall be subsequent to the date of
the current violation. Credit shall not be given to any
program activities completed prior to the date of the current
violation. The department shall advise the person that after
completion of 12 months of the suspension period, which
may include credit for any suspension period served under
subdivision (c) of Section 13353.3, the person may apply
to the department for a restricted driver's license, subject
to the following conditions:
(A) The person has satisfactorily provided, subsequent
to the violation date of the current underlying conviction,
either of the following:
(i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code.
(ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code, if available in the county of the person's
residence or employment.
(B) The person agrees, as a condition of the restriction,
to continue satisfactory participation in the program described
in subparagraph (A).
(C) The person submits the "Verification of Installation"
form described in paragraph (2) of subdivision (e) of Section
13386.
(D) The person agrees to maintain the ignition interlock
device as required under subdivision (g) of Section 23575.
(E) The person provides proof of financial responsibility,
as defined in Section 16430.
(F) The person pays all administrative fees or reissue
fees and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period
required in subdivision (f) of Section 23575.
(4) Except as provided in this paragraph, upon a conviction
or finding of a violation of Section 23153 punishable under
Section 23560, the privilege shall be revoked for a period
of three years. The privilege may not be reinstated until
the person gives proof of financial responsibility, and
the person gives proof satisfactory to the department of
successful 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 23562.
For the purposes of this paragraph, enrollment, participation,
and completion of an approved program shall be subsequent
to the date of the current violation. Credit shall not be
given to any program activities completed prior to the date
of the current violation. The department shall advise the
person that after the completion of (1) 12 months of the
revocation period, which may include credit for any suspension
period served under subdivision (c) of Section 13353.3,
the person may apply to the department for a restricted
driver's license, subject to the following conditions:
(A) The person has satisfactorily completed, subsequent
to the violation date of the current underlying conviction,
either of the following:
(i) (2) The initial 12 months of an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code.
(ii) The initial (1) 12 months of a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code, if available in the county of the person's
residence or employment, and the person agrees, as a condition
of the restriction, to continue satisfactory participation
in that 30-month program.
(B) The person submits the "Verification of Installation"
form described in paragraph (2) of subdivision (e) of Section
13386.
(C) The person agrees to maintain the ignition interlock
device as required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility,
as defined in Section 16430.
(E) The person pays all applicable reinstatement or reissue
fees and any restriction fee required by the department.
(F) The restriction shall remain in effect for the period
required in subdivision (f) of Section 23575.
(5) Except as provided in this paragraph, upon a conviction
or finding of a violation of Section 23152 punishable under
Section 23546, the privilege shall be revoked for a period
of three years. The privilege may not be reinstated until
the person files proof of financial responsibility and gives
proof satisfactory to the department of successful completion
of one of the following programs: an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code, as described in subdivision (b) or (c)
of Section 23548, or, if available in the county of the
person's residence or employment, a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code, or a program specified in Section 8001
of the Penal Code. For the purposes of this paragraph, enrollment,
participation, and completion of an approved program shall
be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior
to the date of the current violation. The department shall
advise the person that after completion of (1) 12 months
of the revocation period, which may include credit for any
suspension period served under subdivision (c) of Section
13353.3, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
(A) The person has satisfactorily completed, subsequent
to the violation date of the current underlying conviction,
either of the following:
(i) (2) The initial 12 months of an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code.
(ii) The initial (1) 12 months of a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code, if available in the county of the person's
residence or employment, and the person agrees, as a condition
of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation"
form described in paragraph (2) of subdivision (e) of Section
13386.
(C) The person agrees to maintain the ignition interlock
device as required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility,
as defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, or, if available
in the county of the person's residence or employment, a
30-month driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code. Unless good
cause is shown, the court shall order the referral.
(F) The person pays all applicable reinstatement or reissue
fees and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period
required in subdivision (f) of Section 23575.
(6) Except as provided in this paragraph, upon a conviction
or finding of a violation of Section 23153 punishable under
Section 23550.5 or 23566, the privilege shall be revoked
for a period of five years. The privilege may not be reinstated
until the person gives proof of financial responsibility
and proof satisfactory to the department of successful completion
of one of the following programs: an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code, as described in subdivision (b) of Section
23568 or, if available in the county of the person's residence
or employment, a 30-month driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety
Code, or a program specified in Section 8001 of the Penal
Code. For the purposes of this paragraph, enrollment, participation,
and completion of an approved program shall be subsequent
to the date of the current violation. Credit shall not be
given to any program activities completed prior to the date
of the current violation. The department shall advise the
person that after the completion of (3) 12 months of the
revocation period, which may include credit for any suspension
period served under subdivision (c) of Section 13353.3,
the person may apply to the department for a restricted
driver's license, subject to the following conditions:
(A) The person has satisfactorily completed, subsequent
to the violation date of the current underlying conviction,
either of the following:
(i) The initial (1) 12 months of a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code, if available in the county of the person's
residence or employment, and the person agrees, as a condition
of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(ii) (2) The initial 12 months of an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code, if a 30-month program is unavailable in
the person's county of residence or employment.
(B) The person submits the "Verification of Installation"
form described in paragraph (2) of subdivision (e) of Section
13386.
(C) The person agrees to maintain the ignition interlock
device as required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility,
as defined in Section 16430.
(E) Any individual convicted of a violation of Section
23153 punishable under Section 23566 may also, at any time
after sentencing, petition the court for referral to an
18-month driving-under-the-influence program or, if available
in the county of the person's residence or employment, a
30-month driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code. Unless good
cause is shown, the court shall order the referral.
(F) The person pays all applicable reinstatement or reissue
fees and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period
required in subdivision (f) of Section 23575.
(7) Except as provided in this paragraph, upon a conviction
or finding of a violation of Section 23152 punishable under
Section 23550 or 23550.5, or Section 23153 punishable under
Section 23550.5 the privilege shall be revoked for a period
of four years. The privilege may not be reinstated until
the person gives proof of financial responsibility and proof
satisfactory to the department of successful completion
of one of the following programs: an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code, or, if available in the county of the person's
residence or employment, a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code, or a program specified in Section 8001
of the Penal Code. For the purposes of this paragraph, enrollment,
participation, and completion of an approved program shall
be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior
to the date of the current violation. The department shall
advise the person that after the completion of (4) 12 months
of the revocation period, which may include credit for any
suspension period served under subdivision (c) of Section
13353.3, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
(A) The person has satisfactorily completed, subsequent
to the violation date of the current underlying conviction,
either of the following:
(i) (2) The initial 12 months of an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code.
(ii) The initial (1) 12 months of a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health
and Safety Code, if available in the county of the person's
residence or employment, and the person agrees, as a condition
of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation"
form described in paragraph (2) of subdivision (e) of Section
13386.
(C) The person agrees to maintain the ignition interlock
device as required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility,
as defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in
the county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code. Unless good
cause is shown, the court shall order the referral.
(F) The person pays all applicable reinstatement or reissue
fees and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period
required in subdivision (f) of Section 23575.
(8) Upon a conviction or finding of a violation of subdivision
(a) of Section 23109 that is punishable under subdivision
(e) of that section, the privilege shall be suspended for
a period of 90 days to six months, if ordered by the court.
The privilege may not be reinstated until the person gives
proof of financial responsibility, as defined in Section
16430.
(9) Upon a conviction or finding of a violation of subdivision
(a) of Section 23109 that is punishable under subdivision
(f) of that section, the privilege shall be suspended for
a period of six months, if ordered by the court. The privilege
may not be reinstated until the person gives proof of financial
responsibility, as defined in Section 16430.
(b) For the purpose of paragraphs (2) to (9), inclusive,
of subdivision (a), the finding of the juvenile court judge,
the juvenile hearing officer, or the referee of a juvenile
court of a commission of a violation of Section 23152 or
23153 or subdivision (a) of Section 23109, as specified
in subdivision (a) of this section, is a conviction.
(c) A judge of a juvenile court, juvenile hearing officer,
or referee of a juvenile court shall immediately report
the findings specified in subdivision (a) to the department.
(d) A conviction of an offense in any state, territory,
or possession of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, or Canada that, if committed
in this state, would be a violation of Section 23152, is
a conviction of Section 23152 for the purposes of this section,
and a conviction of an offense that, if committed in this
state, would be a violation of Section 23153, is a conviction
of Section 23153 for the purposes of this section. The department
shall suspend or revoke the privilege to operate a motor
vehicle pursuant to this section upon receiving notice of
that conviction.
(e) For the purposes of the restriction conditions specified
in paragraphs (3) to (7), inclusive, of subdivision (a),
the department shall terminate the restriction imposed pursuant
to this section and shall suspend or revoke the person's
driving privilege upon receipt of notification from the
driving-under-the-influence program that the person has
failed to comply with the program requirements. The person's
driving privilege shall remain suspended or revoked for
the remaining period of the original suspension or revocation
imposed under this section and until all reinstatement requirements
described in this section are met.
(f) For the purposes of this section, completion of a program
is the following:
(1) Satisfactory completion of all program requirements
approved pursuant to program licensure, as evidenced by
a certificate of completion issued, under penalty of perjury,
by the licensed program.
(2) Certification, under penalty of perjury, by the director
of a program specified in Section 8001 of the Penal Code,
that the person has completed a program specified in Section
8001 of the Penal Code.
(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 this section is not eligible for the restricted driver's
license authorized under paragraphs (3) to (7), inclusive,
of subdivision (a).(5)
Amended Sec. 1.5, Ch. 595, Stats. 2004. Effective January 1,
2005. Operative September 20, 2005. 
