13350.  (a) The department immediately shall revoke the privilege of
any person to drive a motor vehicle upon receipt of a duly certified
abstract of the record of any court showing that the person has been
convicted of any of the following crimes or offenses:
   (1) Failure of the driver of a vehicle involved in an accident
resulting in injury or death to any person to stop or otherwise
comply with Section 20001.
   (2) Any felony in the commission of which a motor vehicle is used,
except as provided in Section 13351, 13352, or 13357.
   (3) Reckless driving causing bodily injury.
   (b) If a person is convicted of a violation of Section 23152
punishable under Section 23546, 23550, or 23550.5, or a violation of
Section 23153 punishable under Section 23550.5 or 23566, including a
violation of paragraph (3) of subdivision (c) of Section 192 of the
Penal Code as provided in Section 193.7 of that code, the court
shall, at the time of surrender of the driver's license or temporary
permit, require the defendant to sign an affidavit in a form provided
by the department acknowledging his or her understanding of the
revocation required by paragraph (5), (6), or (7) of subdivision (a)
of Section 13352, and an acknowledgment of his or her designation as
a habitual traffic offender.  A copy of this affidavit shall be
transmitted, with the license or temporary permit, to the department
within the prescribed 10 days.
   (c) The department shall not reinstate the privilege revoked under
subdivision (a) until the expiration of one year after the date of
revocation and until the person whose privilege was revoked gives
proof of financial responsibility as defined in Section 16430.




13350.5.  Notwithstanding Section 13350, for the purposes of this
article, conviction of a violation of paragraph (3) of subdivision
(c) of Section 192 of the Penal Code is a conviction of a violation
of Section 23153.


13351.  (a) The department immediately shall revoke the privilege of
any person to drive a motor vehicle upon receipt of a duly certified
abstract of the record of any court showing that the person has been
convicted of any of the following crimes or offenses:
   (1) Manslaughter resulting from the operation of a motor vehicle,
except when convicted under paragraph (2) of subdivision (c) of
Section 192 of the Penal Code.
   (2) Conviction of three or more violations of Section 20001,
20002, 23103, or 23104 within a period of 12 months from the time of
the first offense to the third or subsequent offense, or a
combination of three or more convictions of violations within the
same period.
   (3) Violation of Section 191.5 of the Penal Code or of Section
2800.3 causing serious bodily injury resulting in a serious
impairment of physical condition, including, but not limited to, loss
of consciousness, concussion, serious bone fracture, protracted loss
or impairment of function of any bodily member or organ, and serious
disfigurement.
   (b) The department shall not reinstate the privilege revoked under
subdivision (a) until the expiration of three years after the date
of revocation and until the person whose privilege was revoked gives
proof of financial responsibility, as defined in Section 16430.



13351.5.  (a) Upon receipt of a duly certified abstract of the
record of any court showing that a person has been convicted of a
felony for a violation of Section 245 of the Penal Code and that a
vehicle was found by the court to constitute the deadly weapon or
instrument used to commit that offense, the department immediately
shall revoke the privilege of that person to drive a motor vehicle.
   (b) The department shall not reinstate a privilege revoked under
subdivision (a) under any circumstances.
   (c) Notwithstanding subdivision (b), the department shall
terminate any revocation order issued under this section on or after
January 1, 1995, for a misdemeanor conviction of violating Section
245 of the Penal Code.



13351.8.  Upon receipt of a duly certified abstract of the record of
any court showing that  the court has ordered the suspension of a
driver's license pursuant to Section 13210, on or after January 1,
2001, the department shall suspend the person's driving privilege in
accordance with that suspension order commencing either on the date
of the person's conviction or upon the person's release from
confinement or imprisonment.



13351.85.  Upon receipt of a duly certified abstract of any court
showing that a person has been convicted of a violation of Section
12110, the department shall suspend that person's driving privilege
for four months if the conviction was a first conviction, and for one
year, if the conviction was a second or subsequent conviction of a
violation of that section that occurred within seven years of the
current conviction.



13352.  (a) The department shall immediately suspend or revoke, or
record the court-administered suspension or revocation of, the
privilege of any person to operate a motor vehicle upon 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 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) 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 shall 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.
   Instead of suspending the person's driving privilege, the
department shall issue a restricted license upon receipt of an
abstract of record from the court certifying the court has granted
probation to the person based on the conditions specified in
paragraph (2) of subdivision (a) of, and subdivision (b) of, Section
23538.
   (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 shall 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 Section 23556.
   (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
shall 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 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.  No credit
shall 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, 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
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 shall 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 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.  No credit shall 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 18
months of the revocation period, 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
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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 shall 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 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.  No credit
shall 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 18 months of the revocation period, 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
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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) Any 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
23566, the privilege shall be revoked for a period of five years.
The privilege shall 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.  No credit
shall 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 30 months of the revocation period, 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
current underlying conviction, either of the following:
   (i) The initial 18 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) 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 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 shall 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.  No credit
shall 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 24 months of the revocation period, 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
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 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) Any 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 punishable under subdivision (e) of that section,
the privilege shall be suspended for a period of 90 days to six
months, if and as ordered by the court.
   (9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 punishable under subdivision (f) of that section,
the privilege shall be suspended for a period of six months, if the
court orders the department to suspend the privilege.  The privilege
shall not be reinstated until the person gives proof of financial
responsibility.
   (b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile traffic 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) Each judge of a juvenile court, juvenile traffic 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 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 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 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
originating suspension or revocation and until all reinstatement
requirements described in this section are met.
   (f) For 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.




13352.3.  (a) Notwithstanding any other provision of law, except
subdivisions (b), (c), and (d) of Section 13352 and Sections 13367
and 23521, the department immediately shall revoke the privilege of
any person to operate a motor vehicle upon receipt of a duly
certified abstract of the record of any court showing that the person
was convicted of a violation of Section 23152 or 23153 while under
18 years of age, or upon 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.
   (b) The term of the revocation shall be until the person reaches
18 years of age, for one year, or for the period prescribed for
restriction, suspension, or revocation specified in subdivision (a)
of Section 13352, whichever is longer.  The privilege shall not be
reinstated until the person gives proof of financial responsibility
as defined in Section 16430.



13352.4.  (a) The department shall require a person upon whom the
court has imposed the condition of probation required by subdivision
(b) of Section 23538 to submit proof of the satisfactory completion
of a driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code or of a program defined in
Section 8001 of the Penal Code, within a time period set by the
department, beginning from the date of a conviction or a finding by a
court of a violation of Section 23152.
   (b) The department shall suspend the privilege to drive of any
person who is not in compliance with subdivision (a).
   (c) The department may suspend the privilege to drive of any
person for failure to file proof of financial responsibility when the
person has been ordered by the court to do so.  The suspension shall
remain in effect until adequate proof of financial responsibility is
filed with the department by the person.
   (d) The department shall not restore the privilege to operate a
motor vehicle after a suspension pursuant to subdivision (b) until
the department receives proof of the completion of a program pursuant
to subdivision (a) that the department finds satisfactory.




13352.5.  (a) The department shall issue a restricted driver's
license to a person granted probation under the conditions described
in subdivision (b) of Section 23542 instead of suspending that person'
s license, if the person meets all of the following requirements:
   (1) Submits proof 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 paragraph (4) of
subdivision (b) of Section 23542.
   (2) Submits proof of financial responsibility, as described in
Section 16430.
   (3) 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 for the
duration of the treatment program described in paragraph (4) of
subdivision (b) of Section 23542.
   (c) The restriction of the driving privilege shall be limited to
the hours necessary for driving to and from the place of employment,
driving during the course of employment, and driving to and from
activities required in the treatment 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 proof
pursuant to Section 16484 is received by the department.
   (e) The restriction imposed under this section may be removed when
the person presents evidence satisfactory to the department that the
person has completed a driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.  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 shall be given to any program activities
completed prior to the date of the current violation.
   (f) The department shall immediately 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 treatment program that the person
has failed to comply with the program requirements.
   (g) 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.



13352.6.  (a) The department shall immediately suspend the driving
privilege of any person who is 18 years of age or older and is
convicted of a violation of Section 23140, upon receipt of a duly
certified abstract of the record of any court showing that
conviction.  The privilege may not be reinstated until the person
provides the department with proof, satisfactory to the department,
of financial responsibility and of successful completion of a
driving-under-the-influence program licensed under Section 11836 of
the Health and Safety Code.  That attendance shall be as follows:
   (1) If, within seven years of the current violation of Section
23140, the person has not been convicted of a separate violation of
Section 23140, 23152, or 23153, or of Section 23103, with a plea of
guilty under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or paragraph (3) of
subdivision (c) of Section 192 of, the Penal Code, the person shall
complete, at a minimum, the education component of that licensed
driving-under-the-influence program.
   (2) If the person does not meet the requirements of paragraph (1),
the person shall complete, at a minimum, the program described in
paragraph (1) of subdivision (c) of Section 11837 of the Health and
Safety Code.
   (b) For the purposes of this section, enrollment, participation,
and completion of the program shall be subsequent to the date of the
current violation.  No credit for enrollment, participation, or
completion may be given for any program activities completed prior to
the date of the current violation.



13353.  (a) If any person refuses the officer's request to submit
to, or fails to complete, a chemical test or tests pursuant to
Section 23612, upon receipt of the officer's sworn statement that the
officer had reasonable cause to believe the person had been driving
a motor vehicle in violation of Section 23140, 23152, or 23153, and
that the person had refused to submit to, or did not complete, the
test or tests after being requested by the officer, the department
shall do one of the following:
   (1) Suspend the person's privilege to operate a motor vehicle for
a period of one year.
   (2) Revoke the person's privilege to operate a motor vehicle for a
period of two years if the refusal occurred within seven years of
either (A) a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code, that resulted in a conviction, or (B) a suspension or
revocation of the person's privilege to operate a motor vehicle
pursuant to this section or Section 13353.2 for an offense which
occurred on a separate occasion.
   (3) Revoke the person's privilege to operate a motor vehicle for a
period of three years if the refusal occurred within seven years of
any of the following:
   (A) Two or more separate violations of Section 23103 as specified
in Section 23103.5, or of Section 23140, 23152, or 23153, or of
Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of
the Penal Code, or any combination thereof, which resulted in
convictions.
   (B) Two or more suspensions or revocations of the person's
privilege to operate a motor vehicle pursuant to this section or
Section 13353.2 for offenses which occurred on separate occasions.
   (C) Any combination of two or more of those convictions or
administrative suspensions or revocations.
   The officer's sworn statement shall be submitted pursuant to
Section 13380 on a form furnished or approved by the department.  The
suspension or revocation shall not become effective until 30 days
after the giving of written notice thereof, or until the end of any
stay of the suspension or revocation, as provided for in Section
13558.
   (D) For 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 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 or Penal Code.
   (b) The notice of the order of suspension or revocation under this
section shall be served on the person by a peace officer pursuant to
Section 23612.  The notice of the order of suspension or revocation
shall be on a form provided by the department.  If the notice of the
order of suspension or revocation has not been served by the peace
officer pursuant to Section 23612, the department immediately shall
notify the person in writing of the action taken.  The peace officer
who serves the notice, or the department, if applicable, also shall
provide, if the officer or department, as the case may be, determines
that it is necessary to do so, the person with the appropriate
non-English notice developed pursuant to subdivision (d) of Section
14100.
   (c) Upon receipt of the officer's sworn statement, the department
shall review the record.  For purposes of this section, the scope of
the administrative review shall cover all of the following issues:
   (1) Whether the peace officer had reasonable cause to believe the
person had been driving a motor vehicle in violation of Section
23140, 23152, or 23153.
   (2) Whether the person was placed under arrest.
   (3) Whether the person refused to submit to, or did not complete,
the test or tests after being requested by a peace officer.
   (4) Whether, except for the persons described in subdivision (a)
of Section 23612 who are incapable of refusing, the person had been
told that his or her driving privilege would be suspended or revoked
if he or she refused to submit to, or did not complete, the test or
tests.
   (d) The person may request an administrative hearing pursuant to
Section 13558.  Except as provided in subdivision (e) of Section
13558, the request for an administrative hearing does not stay the
order of suspension or revocation.



13353.1.  (a) If any person refuses an officer's request to submit
to, or fails to complete, a preliminary alcohol screening test
pursuant to Section 13388, upon receipt of the officer's sworn
statement, submitted pursuant to Section 13380, that the officer had
reasonable cause to believe the person had been driving a motor
vehicle in violation of Section 23136, and that the person had
refused to submit to, or did not complete, the test after being
requested by the officer, the department shall do one of the
following:
   (1) Suspend the person's privilege to operate a motor vehicle for
a period of one year.
   (2) Revoke the person's privilege to operate a motor vehicle for a
period of two years if the refusal occurred within seven years of
either of the following:
   (A) A separate violation of subdivision (a) of Section 23136,
which resulted in a finding of a violation, or a separate violation,
which resulted in a conviction, 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.
   (B) A suspension or revocation of the person's privilege to
operate a motor vehicle if that action was taken pursuant to this
section or Section 13353 or 13353.2 for an offense that occurred on a
separate occasion.
   (3) Revoke the person's privilege to operate a motor vehicle for a
period of three years if the refusal occurred within seven years of
any of the following:
   (A) Two or more separate violations of subdivision (a) of Section
23136, which resulted in findings of violations, or two or more
separate violations, which resulted in convictions, 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, or any combination
thereof.
   (B) Two or more suspensions or revocations of the person's
privilege to operate a motor vehicle if those actions were taken
pursuant to this section, or Section 13353 or 13353.2, for offenses
that occurred on separate occasions.
   (C) Any combination of two or more of the convictions or
administrative suspensions or revocations described in subparagraphs
(A) or (B).
   (b) For 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 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 or Penal Code.
   (c) The notice of the order of suspension or revocation under this
section shall be served on the person by the peace officer pursuant
to Section 13388 and shall not become effective until 30 days after
the person is served with that notice.  The notice of the order of
suspension or revocation shall be on a form provided by the
department.  If the notice of the order of suspension or revocation
has not been served by the peace officer pursuant to Section 13388,
the department immediately shall notify the person in writing of the
action taken.  The peace officer who serves the notice, or the
department, if applicable, also shall provide, if the officer or
department, as the case may be, determines that it is necessary to do
so, the person with the appropriate non-English notice developed
pursuant to subdivision (d) of Section 14100.
   (d) Upon receipt of the officer's sworn statement, the department
shall review the record.  For purposes of this section, the scope of
the administrative review shall cover all of the following issues:
   (1) Whether the peace officer had reasonable cause to believe the
person had been driving a motor vehicle in violation of Section
23136.
   (2) Whether the person was lawfully detained.
   (3) Whether the person refused to submit to, or did not complete,
the test after being requested to do so by a peace officer.
   (e) The person may request an administrative hearing pursuant to
Section 13558.  Except as provided in subdivision (e) of Section
13558, the request for an administrative hearing does not stay the
order of suspension or revocation.



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:
   (1) 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.
   (2) 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).



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:
   (1) 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, which offense or
occurrence occurred within seven 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, which offense or occasion occurred within seven 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 23140, 23152, or 23153, including 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, notwithstanding
Section 13354, 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.
This subdivision shall not affect a suspension or revocation pursuant
to Section 13353 for refusal to submit to chemical testing or the
imposition of consecutive periods of suspension or revocation
pursuant to Section 13354 for that refusal.
   (d) For 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 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 or Penal Code.



13353.4.  (a) Except as provided in subdivision (b) of Section
13353.6, or Section 13353.7 or 13353.8, the driving privilege shall
not be restored, and no restricted or hardship permit to operate a
motor vehicle shall be issued, to a person during the suspension or
revocation period specified in Section 13353, 13353.1, or 13353.3.
   (b) The privilege to operate a motor vehicle shall not be restored
after a suspension or revocation pursuant to Section 13352, 13353,
13353.1, or 13353.2 until all applicable fees, including the fees
prescribed in Section 14905, have been paid and the person gives
proof of financial responsibility, as defined in Section 16430, to
the department.



13353.45.  The department shall, in consultation with the State
Department of Alcohol and Drug Programs, with representatives of the
county alcohol program administrators, and with representatives of
licensed drinking driver program providers, develop a certificate of
completion for the purposes of Sections 13352, 13352.4, and 13352.5
and shall develop, implement, and maintain a system for safeguarding
the certificates against misuse.  The department may charge a
reasonable fee for each blank completion certificate distributed to a
drinking driver program.  The fee shall be sufficient to cover, but
shall not exceed, the costs incurred in administering this section,
Sections 13352, 13352.4, and 13352.5 or twelve dollars ($12) per
person, whichever is less.



13353.5.  (a) If a person whose driving privilege is suspended or
revoked under Section 13352 or 13352.4 is a resident of another state
at the time the mandatory period of suspension or revocation
expires, the department may, upon written application of the person,
terminate the suspension or revocation for the purpose of allowing
the person to apply for a license in his or her state of residence.
The application shall include, but not be limited to, evidence
satisfactory to the department that the applicant now resides in
another state.
   (b) If the person submits an application for a California driver's
license within three years after the date of the action to terminate
suspension or revocation pursuant to subdivision (a), a license
shall not be issued until evidence satisfactory to the department
establishes that the person is qualified for reinstatement and no
grounds exist including, but not limited to, one or more subsequent
convictions for driving under the influence of alcohol or other drugs
that would support a refusal to issue a license.  The department may
waive the three-year requirement upon receipt of a program
completion certificate, as described in subdivision (c) of Section
13353.4, that has been duly issued to the individual.



13353.6.  (a) If the person's driver's license is a commercial
driver's license, as defined in Section 15210, and if the person has
not had a separate violation of Section 23103 as specified in Section
23103.5, Section 23152, or Section 23153 of this code, or Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code which resulted in a conviction, and if the person's privilege
to operate a motor vehicle has not been previously suspended or
revoked pursuant to Section 13353 or 13353.2 for an offense which
occurred on a separate occasion, notwithstanding Section 13551, the
department shall, upon receiving the officer's sworn statement and
the receipt of the person's driver's license and after review
pursuant to subdivision (d) of Section 13353.2, suspend the person's
privilege to operate a motor vehicle for 30 days, and then reissue
the person a commercial driver's license and endorsements with
restrictions, as follows:
   (1) The restricted commercial driver's license shall authorize the
operation of a motor vehicle only to and from, and in the course and
scope of, the person's employment.
   (2) The term of the restricted license is 30 days after the date
that the order of suspension is effective pursuant to Section 13353.3
until six months after that date.
   (b) The person may be issued an unrestricted commercial driver's
license after the term of restriction under this section.
   (c) This section applies only to the holder of a commercial driver'
s license who was not operating a commercial vehicle, as defined in
Section 15210, at the time of the offense.



13353.7.  (a) Subject to subdivision (c) and except as provided in
Section 13353.6 for persons who have commercial driver's licenses, 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,
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 which occurred on a separate occasion within seven years of
the occasion in question and, if the person subsequently enrolls in a
program described in Section 11837.3 of the Health and Safety Code,
pursuant to 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 or to and from and
in the course of the person's employment, or both.  Notwithstanding
any other provision of law, if the person's restricted driver's
license permits travel to and from and in the course of his or her
employment, the person's privilege to operate a motor vehicle shall
be suspended, subject to the restriction, for six months.  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, 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 which
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:
   (1) 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.
   (2) 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.
   (3) The restricted driver's license authorizes the operation of a
motor vehicle only to and from the activities required under the
program.
   (4) If any 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, which is
effective upon receipt by the person.
   (5) On or after 60 days after the effective date of the restricted
license, and upon notification of successful completion of the
program, the department may issue an unrestricted driver's license to
the person.
   (b) If the court of jurisdiction in a criminal action arising out
of the same offense orders the department to suspend or revoke the
person's privilege to operate a motor vehicle or does not grant
probation after conviction of that offense, notwithstanding
subdivision (a), the department shall suspend or revoke the person's
privilege pursuant to the order of the court or 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 which 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 shall 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 the order of the
court or Section 13353 or 13353.2 for an offense which 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, which violation occurred within seven
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.



13353.8.  (a) Notwithstanding any other provision of law, after the
department has issued an order suspending or delaying driving
privileges as a result of a violation of subdivision (a) of Section
23136, the department, upon petition of the person affected, may
review the order and may impose restrictions on the person's
privilege to drive based upon a showing of a critical need to drive.

   (b) As used in this section, "critical need to drive" means the
circumstances which are required to be shown for the issuance of a
junior permit pursuant to Section 12513.
   (c) The restriction shall be imposed not earlier than the 31st day
after the date the order of suspension became effective and shall
remain in effect for the balance of the period of suspension or
restriction in this section.



13354.  (a) Notwithstanding Section 13366, if (1) an abstract of
conviction is received by the department for an offense which
requires the department to restrict, suspend, or revoke the privilege
to operate a motor vehicle of a person after conviction or finding
of a violation pursuant to Section 13352 or 13352.  5, (2) there is a
suspension of that person's privilege to operate a motor vehicle
already in effect for refusal to consent to, or for failure to
complete, a chemical test pursuant to Section 13353 or a suspension
already in effect for driving with an excessive alcohol content in
the person's blood pursuant to Section 13353.2, (3) that suspension
is administratively final and resulted from the same arrest, and (4)
the sentencing court orders these restrictions, suspensions,
revocations, or a combination thereof to run consecutively, then the
restriction, suspension, or revocation resulting from the conviction
or finding pursuant to Section 13352 or 13352.5 shall commence after
the suspension already in effect pursuant to Section 13353 or 13353.2
has terminated, except as provided in subdivision (c) of Section
13353.3.
   (b) Notwithstanding Section 13366, if (1) the department is
required to suspend a person's privilege to operate a motor vehicle
for refusal to consent to, or for failure to complete, a chemical
test pursuant to Section 13353 or to suspend a person's privilege to
operate a motor vehicle for driving with an excessive alcohol content
in the person's blood pursuant to Section 13353.2, (2) there is a
restriction, suspension, or revocation of the person's privilege to
operate a motor vehicle already in effect for a conviction or finding
of a violation pursuant to Section 13352 or 13352.5 which resulted
from the same arrest, and (3) the sentencing court orders these
restrictions, suspensions, revocations, or a combination thereof to
run consecutively, then the suspension for refusal to consent  to, or
for failure to complete, the chemical test pursuant to Section 13353
or the suspension of that person's privilege to operate a motor
vehicle already in effect for driving with an excessive alcohol
content in the person's blood pursuant to Section 13353.2 shall
commence after the restriction, suspension, or revocation already in
effect pursuant to Section 13352 or 13352.5 has terminated, except as
provided in subdivision (c) of Section 13353.3.
   (c) The purpose of this section is to require that any suspension
under Section 13353 or 13353.2 and any restriction, suspension or
revocation under Section 13352 or 13352.5 resulting from the same
arrest are cumulative and shall be imposed consecutively, if so
ordered by the court.


13355.  The department shall immediately suspend the privilege of
any person to operate a motor vehicle upon receipt of a duly
certified abstract of the record of any court showing that the person
has been convicted of a violation of subdivision (b) of Section
22348, or upon a receipt of a report of a judge of a 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 subdivision (b) of Section 22348 under the following conditions
and for the periods, as follows:
   (a) Upon a conviction or finding of an offense under subdivision
(b) of Section 22348 which occurred within three years of a prior
offense resulting in a conviction of an offense under subdivision (b)
of Section 22348, the privilege shall be suspended for a period of
six months, or  the privilege shall be restricted for six months to
necessary travel to and from the person's place of employment and, if
driving a motor vehicle is necessary to perform the duties of the
person's employment, restricted to driving within the person's scope
of employment.
   (b) Upon a conviction or finding of an offense under subdivision
(b) of Section 22348 which occurred within five years of two or more
prior offenses resulting in convictions of offenses under subdivision
(b) of Section 22348, the privilege shall be suspended for a period
of one year, or  the privilege shall be restricted for one year to
necessary travel to and from the person's place of employment and, if
driving a motor vehicle is necessary to perform the duties of the
person's employment, restricted to driving within the person's scope
of employment.



13357.  Upon the recommendation of the court the department shall
suspend or revoke the privilege to operate a motor vehicle of any
person who has been found guilty of a violation of Section 10851.



13359.  The department may suspend or revoke the privilege of any
person to operate a motor vehicle upon any of the grounds which
authorize the refusal to issue a license.



13360.  Upon receiving satisfactory evidence of any violation of the
restrictions of a driver's license, the department may suspend or
revoke the same.


13361.  The department may suspend the privilege of any person to
operate a motor vehicle upon receipt of a duly certified abstract of
the record of any court showing that the person has been convicted of
any of the following crimes or offenses:
   (a) Failure to stop in the event of an accident resulting in
damage to property only, or otherwise failing to comply with the
requirements of Section 20002.
   (b) A second or subsequent conviction of reckless driving.
   (c) Manslaughter resulting from the operation of a motor vehicle
as provided in paragraph (2) of subdivision (c) of Section 192 of the
Penal Code.
   In any case under this section the department is authorized to
require proof of ability to respond in damages as defined in Section
16430.


13362.  The department may require the surrender to it of any driver'
s license which has been issued erroneously or which contains any
erroneous or false statement, or which does not contain any notation
required by law or by the department.  In the event a licensee does
not surrender the license upon proper demand, the department may
suspend the licensee's privilege to operate a motor vehicle.  The
suspension shall continue until the correction of the license by the
department or until issuance of another license or temporary license
in lieu thereof.


13363.  (a) The department may, in its discretion, except as
provided in Chapter 6 (commencing with Section 15000) of Division 6,
of this code, suspend or revoke the privilege of any resident or
nonresident to drive a motor vehicle in this State upon receiving
notice of the conviction of the person in a state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or the Dominion of Canada of an offense
therein which, if committed in this State, would be grounds for the
suspension or revocation of the privilege to operate a motor vehicle.

   (b) Whenever any state, territory, or possession of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or
the Dominion of Canada reports the conviction of a violation in such
place by a person licensed in this State, the department shall not
give effect to such report pursuant to subdivision (a) of this
section or Section 15023 unless the department is satisfied that the
law of such other place pertaining to the conviction is substantially
the same as the law of this State pertaining to such conviction and
that the description of the violation from which the conviction
arose, is sufficient and that the interpretation and enforcement of
such law are substantially the same in such other place as they are
in this State.


13364.  (a) Notwithstanding any other provision of this code, a
person's privilege to operate a motor vehicle shall be suspended upon
notification by a bank or financial institution that a check has
been dishonored when that check was presented to the department for
either of the following reasons:
   (1) In payment of a fine that resulted from an outstanding
violation pursuant to Section 40508 or a suspension pursuant to
Section 13365.
   (2) In payment of a fee or penalty owed by the person, if the fee
or penalty is required by this code for the issuance, reissuance, or
return of the person's driver's license after suspension, revocation,
or restriction of the driving privilege.
   (b) The suspension shall remain in effect until payment of all
fines, fees, and penalties is made to the department or to the court,
as appropriate, and the person's driving record does not contain any
notification of a court order issued pursuant to subdivision (a) of
Section 42003 or of a violation of subdivision (a) or (b) of Section
40508.
   (c) No suspension imposed pursuant to this section shall become
effective until 30 days after the mailing of a written notice of the
intent to suspend.
   (d) The written notice of a suspension imposed pursuant to this
section shall be delivered by certified mail.
   (e) If any personal check is offered in payment of fines described
in paragraph (1) of subdivision (a) and is returned for any reason,
the related notice issued pursuant to Section 40509 or 40509.5 shall
be restored to the person's record.
   (f) Notwithstanding any other provision of law, any license that
has been suspended pursuant to this section shall immediately be
reinstated, and the fees and penalties waived, upon the submission of
proof acceptable to the department that the check has been
erroneously dishonored by the bank or financial institution.



13365.  (a) Upon receipt of notification of a violation of
subdivision (a) or (b) of Section 40508, the department shall take
the following action:
   (1) If the notice is given pursuant to subdivision (a) or (b) of
Section 40509, if the driving record of the person who is the subject
of the notice contains one or more prior notifications of a
violation issued pursuant to Section 40509 or 40509.5, and if the
person's driving privilege is not currently suspended under this
section, the department shall suspend the driving privilege of the
person.
   (2) If the notice is given pursuant to subdivision (a) or (b) of
Section 40509.5, and if the driving privilege of the person who is
the subject of the notice is not currently suspended under this
section, the department shall suspend the driving privilege of the
person.
   (b) A suspension under this section shall not be effective before
a date 60 days after the date of receipt, by the department, of the
notice given specified in subdivision (a), and the notice of
suspension shall not be mailed by the department before a date 30
days after receipt of the notice given specified in subdivision (a).

   The suspension shall continue until the  suspended person's
driving record does not contain any notification of a violation of
subdivision (a) or (b) of Section 40508.



13365.2.  (a) Upon receipt of the notice required under subdivision
(c) of Section 40509.5, the department shall suspend the driving
privilege of the person upon whom notice was received and shall
continue that suspension until receipt of the certificate required
under that subdivision.
   (b) The suspension required under subdivision (a) shall become
effective on the 45th day after the mailing of written notice by the
department.



13365.5.  (a) Upon receipt of a notification issued pursuant to
Section 40509.1, the department shall suspend the person's privilege
to operate a motor vehicle until compliance with the court order is
shown or as prescribed in subdivision (c) of Section 12808.  The
suspension under this section shall not be effective until 45 days
after the giving of written notice by the department.
   (b) This section does not apply to a notification of failure to
comply with a court order issued for a violation enumerated in
paragraph (1), (2), (3), (6), or (7) of subdivision (b) of Section
1803.



13366.  Whenever in this code the department is required to suspend
or revoke the privilege of a person to operate a motor vehicle upon
the conviction of such person of violating this code, such suspension
or revocation shall begin upon a plea, finding or verdict of guilty.



13367.  For purposes of the suspension or revocation of any driver's
license issued to a minor, the department shall not provide any
lighter penalty than would be given to an adult under similar
circumstances.


13368.  The department, as a condition to the reinstatement of a
suspended license or the issuance of a new license to an individual
whose prior license has been revoked, may require the individual to
attend the program authorized by the provisions of Section 1659.




13369.  This section applies to the following endorsements and
certificates: passenger transport vehicle, hazardous materials,
schoolbus, school pupil activity bus, youth bus, general public
paratransit vehicle, farm labor vehicle, and vehicle used for the
transportation of developmentally disabled persons.
   (a) The department shall refuse to issue or renew, or shall revoke
for any of the following causes, the certificate or endorsement of
any person who:
   (1) Within the preceding three years, has committed any violation
which results in a conviction assigned a violation point count of two
or more, as defined in Sections 12810 and 12810.5.  The department
shall not refuse to issue or renew, nor shall it revoke a person's
hazardous materials or passenger transportation vehicle endorsement
if the violation leading to the conviction occurred in the person's
private vehicle and not in a commercial motor vehicle, as defined in
Section 15210.
   (2) Within the preceding three years, has had his or her driving
privilege suspended, revoked, or on probation for any reason
involving unsafe operation of a motor vehicle.  The department shall
not refuse to issue or renew, nor shall it revoke, a person's
hazardous materials or passenger transportation vehicle endorsement
if the person's driving privilege has, within the preceding three
years, been placed on probation only for any reason involving unsafe
operation of a motor vehicle, or if Section 13353.6 applies.
   (b) The department may refuse to issue or renew, or may suspend or
revoke the certificate or endorsement of any person who:
   (1) Within the preceding 12 months, has been involved as a driver
in three accidents in which the driver caused or contributed to the
causes of the accidents.
   (2) Within the preceding 24 months, as a driver, caused or
contributed to the cause of an accident resulting in a fatality or
serious injury or serious property damage in excess of  seven hundred
fifty dollars ($750).
   (3) Has violated any provision of this code, or any rule or
regulation pertaining to the safe operation of a vehicle for which
the certificate or endorsement was issued.
   (4) Has violated any restriction of the certificate, endorsement,
or commercial driver's license.
   (5) Has knowingly made a false statement or concealed a material
fact on an application for a certificate or endorsement.
   (6) Has been determined by the department to be a negligent or
incompetent operator.
   (7) Has demonstrated irrational behavior to the extent that a
reasonable and prudent person would have reasonable cause to believe
that the applicant's ability to perform the duties of a driver may be
impaired.
   (8) Excessively or habitually uses, or is addicted to, alcoholic
beverages, narcotics, or dangerous drugs.
   (9) Does not meet the minimum medical standards established or
approved by the department.
   (c) The department may cancel the certificate or endorsement of
any driver who:
   (1) Does not have a valid license of the appropriate class.
   (2) Has requested cancellation of the certificate or endorsement.

   (3) Has failed to meet any of the requirements for issuance or
retention of the certificate or endorsement, including, but not
limited to, payment of the proper fee, submission of an acceptable
medical report and fingerprint cards, and failure to meet prescribed
training requirements.
   (4) Has had his or her driving privilege suspended or revoked for
a cause involving other than the safe operation of a motor vehicle.
   (d) With regard to a violation, accident, or departmental action
which occurred prior to January 1, 1991, subdivision (a) and
paragraphs (1), (2), and (3) of subdivision (b) do not apply to a
driver holding a valid passenger transport or hazardous materials
endorsement, or a valid class 1 or class 2 license who is applying to
convert that license to a class A or class B license with a
passenger transport or hazardous materials endorsement, if the driver
submits proof that he or she is currently employed operating
vehicles requiring the endorsement, or a valid class 3 license who is
applying for a class C license with a hazardous materials
endorsement if the driver submits proof that he or she is currently
employed operating vehicles requiring the endorsement.
   (e) Subdivision (d) does not apply to drivers applying for a
schoolbus, school pupil activity bus, youth bus, general public
paratransit vehicle, or farm labor vehicle certificate.
   (f) (1) Reapplication following denial or revocation under
subdivision (a) or (b) may be made after a period of not less than
one year from the effective date of denial or revocation, except in
cases where a longer period of suspension or revocation is required
by law.
   (2) Reapplication following cancellation under subdivision (d) may
be made any time without prejudice.



13370.  (a) The department shall deny or revoke a schoolbus, school
pupil activity bus, general public paratransit vehicle, youth bus
driver certificate, or a certificate for a vehicle used for the
transportation of developmentally disabled persons if any of the
following causes apply to the applicant or certificate holder:
   (1) Has been convicted of any sex offense as defined in Section
44010 of the Education Code.
   (2) Has been convicted, within the two years preceding the
application date, of any offense specified in Section 11361.5 of the
Health and Safety Code.
   (3) Has failed to meet prescribed testing or training requirements
for certificate issuance.
   (b) The department may deny, suspend, or revoke a schoolbus,
school pupil activity bus, general public paratransit vehicle, or
youth bus driver certificate, or a certificate for a vehicle used for
the transportation of developmentally disabled persons if any of the
following causes apply to the applicant or certificate holder:
   (1) Has been convicted of any crime specified in Section 44424 of
the Education Code within the seven years preceding the application
date.  This paragraph does not apply if denial is mandatory.
   (2) Has committed any act involving moral turpitude.
   (3) Has been convicted of any offense, not specified in this
section and other than a sex offense, that is punishable as a felony,
within the seven years preceding the application date.
   (4) Has been dismissed as a driver for a cause relating to pupil
transportation safety.
   (5) Has been convicted, within the seven years preceding the
application date, of any offense relating to the use, sale,
possession, or transportation of narcotics, habit-forming drugs, or
dangerous drugs, except as provided in paragraph (3) of subdivision
(a).
   (c) (1) Reapplication following denial or revocation under
subdivision (a) or (b) may be made after a period of not less than
one year from the effective date of denial or revocation.
   (2) An applicant or holder of a certificate may reapply for a
certificate whenever a felony or misdemeanor conviction is reversed
or dismissed.  A termination of probation and dismissal of charges
pursuant to Section 1203.4 of the Penal Code or a dismissal of
charges pursuant to Section 1203.4a of the Penal Code is not a
dismissal for purposes of this section.



13371.  This section applies to schoolbus, school pupil activity
bus, youth bus, general public paratransit vehicle certificates, and
a certificate for a vehicle used for the transportation of
developmentally disabled persons.
   (a) Any driver or applicant who has received a notice of denial,
suspension, or revocation, may, within 15 days of the mailing date,
submit to the department a written request for a hearing.  Failure to
demand a hearing within 15 days is a waiver of the right to a
hearing.
   (1) Upon receipt by the department of the hearing request, the
department may  stay the action until a hearing is conducted and the
final decision has been rendered by the Certificate Action Review
Board pursuant to paragraph (2) of subdivision (d).  The department
shall not stay an action when there is reasonable cause to believe
the stay would pose a significant risk to the safety of pupils being
transported in a schoolbus, school pupil activity bus, youth bus, or
persons being transported in a general public paratransit vehicle.
   (2) An applicant or driver is not entitled to a hearing whenever
the action by the department is made mandatory by this article or any
other applicable law or regulation except where the cause for denial
is based on failure to meet medical standards or excessive and
habitual use of or addiction to alcoholic beverages, narcotics, or
dangerous drugs.
   (b) The department shall appoint a hearing officer to conduct the
hearing in accordance with Section 14112.  After the hearing, the
hearing officer shall prepare and submit findings and recommendations
to the department.
   (c) The department shall mail, as specified in Section 22, a copy
of the hearing officer's findings and recommendations to the driver
or applicant and to the driver or applicant's hearing representative,
either of whom may file a statement of exception to the findings and
recommendations within 24 days after the mailing date.
   (d) (1) The Certificate Action Review Board consists of the
following three members:  a chairperson appointed by the director of
the department, a member appointed by the Commissioner of the
California Highway Patrol, and a member appointed by the
Superintendent of Public Instruction.
   (2) After a hearing, the board shall review the findings and
recommendations of the hearing officer, and any statement of
exception, and make a decision concerning disposition of the action
taken by the department, which decision shall be final.  At this
stage, no evidence shall be heard that was not presented at the
hearing, unless the person wishing to present the new evidence
establishes, to the satisfaction of the board, that it could not have
been obtained with due diligence prior to the hearing.



13372.  (a) The department shall deny an ambulance driver
certificate if any of the following apply to the applicant:
   (1) Is required to register as a sex offender under Section 290 of
the Penal Code for any offense involving force, violence, threat, or
intimidation.
   (2) Habitually or excessively uses or is addicted to narcotics or
dangerous drugs.
   (3) Is on parole or probation for any felony, theft, or any crime
involving force, violence, threat, or intimidation.
   (b) The department may deny an ambulance driver certificate if any
of the following apply to the applicant:
   (1) Has been convicted during the preceding seven years of any
offense punishable as a felony or has been convicted during that
period of any theft.
   (2) Has committed any act involving moral turpitude, including
fraud or intentional dishonesty for personal gain, within the
preceding seven years.
   (3) Habitually and excessively uses intoxicating beverages.
   (4) Has been convicted within the preceding seven years of any
offense relating to the use, sale, possession, or transportation of
narcotics or addictive or dangerous drugs, or of any misdemeanor
involving force, violence, threat, or intimidation.
   (5) Is on probation to the department for a cause involving the
unsafe operation of a motor vehicle.
   (6) Within the three years immediately preceding the application
has had his or her driver's license suspended or revoked by the
department for a cause involving the unsafe operation of a motor
vehicle, or, within the same period, has been convicted of any of the
following:
   (A) Failing to stop and render aid in an accident involving injury
or death.
   (B) Driving under the influence of intoxicating liquor, any drug,
or under the combined influence of intoxicating liquor and any drug.

   (C) Reckless driving, or reckless driving involving bodily injury.

   (7) Has knowingly falsified or failed to disclose a material fact
in his and her application.  Applicants refused certification under
this provision shall not be issued an ambulance driver certificate
within 12 months of that refusal.
   (8) Has been involved as a driver in any motor vehicle accident
causing death or bodily injury or in three or more motor vehicle
accidents during the preceding one-year period.
   (9) Does not meet minimum medical standards specified in this code
or in regulations adopted pursuant to this code.
   (10) Has demonstrated irrational behavior or incurred a physical
disability to the extent that a reasonable and prudent person would
have reasonable cause to believe that the ability to perform the
duties normally expected of an ambulance driver may be impaired.
   (11) Has violated any provision of this code or any rule or
regulation adopted by the Commissioner of the California Highway
Patrol relating to the operation of emergency ambulances during the
preceding one-year period.
   (12) Has committed any act that warrants dismissal, as provided in
Section 13373.
   (c) The department may revoke or suspend the ambulance driver
certificate of any person who gives any cause, before or after
issuance of the certificate, for either mandatory or discretionary
refusal of certification.



13373.  The receipt of satisfactory evidence of any violation of
Article 1 (commencing with Section 1100) of Subchapter 5 of Chapter 2
of Title 13 of the California Code of Regulations, the Vehicle Code,
or any other applicable law that would provide grounds for denial,
suspension, or revocation of an ambulance driver's certificate or
evidence of an act committed involving intentional dishonesty for
personal gain or conduct contrary to justice, honesty, modesty, or
good morals, may be sufficient cause for the dismissal of any
ambulance driver or attendant.  Dismissal of a driver or attendant
under this section shall be reported by the employer to the
Department of Motor Vehicles at Sacramento within 10 days.



13374.  (a) Whenever the department refuses to issue or renew, or
suspends or revokes, an ambulance driver certificate for any cause,
the person involved may, within 10 days after receiving notification
of the action, submit a written request for a hearing.  Upon receipt
of the request, the department shall appoint a referee who shall
conduct an informal hearing in accordance with Section 14104.
Failure to request a hearing within 10 days after receiving a notice
given under this section is a waiver of the right to a hearing.  A
request for a hearing shall not operate to stay the action for which
notice is given.
   (b) Upon conclusion of an informal hearing, the referee shall
prepare and submit findings and recommendations through the
department to a committee of three members one each appointed by the
Director of the Emergency Medical Service Authority, the director,
and the Commissioner of the California Highway Patrol with the
appointee of the Commissioner of the California Highway Patrol
serving as chairperson.  After a review of the findings and
recommendations, the committee shall render a final decision on the
action taken, and the department shall notify the person involved of
the decision.



13375.  For the purposes of this article, any plea or verdict of
guilty, plea  of nolo contendere, or court finding of guilt in a
trial without a jury, or forfeiture of bail, is deemed a conviction,
notwithstanding subsequent action under  Section 1203.4 or 1203.4a of
the Penal Code allowing withdrawal of the plea of guilty and
entering a plea of not guilty, setting aside the verdict of guilty,
or dismissing the accusation or information.



13376.  (a) The department shall revoke a schoolbus, school pupil
activity bus, youth bus, or general public paratransit driver
certificate, and shall deny an application for that certificate, for
any of the following causes:
   (1) The applicant or certificate holder has been convicted of any
sex offense as defined in Section 44010 of the Education Code.
   (2) The applicant has, within the three years preceding the
application date, either been convicted of a violation of Section
20001, 23103, 23104, 23152, or 23153, or has his or her driving
privilege suspended, revoked, or placed on probation by the
department for a cause involving the safe operation of a motor
vehicle.
   (3) The applicant has, within the two years preceding the
application date, been convicted of any offense specified in Section
11361.5 of the Health and Safety Code.
   (4) The applicant has failed to meet the prescribed testing
requirements for issuance of the certificate.
   (b) (1) The department shall revoke a certificate listed in
subdivision (a), following an opportunity to challenge the validity
of the testing described in this paragraph, for three years if the
certificate holder has received a positive test result for a
controlled substance, as specified in Part 382 (commencing with
Section 382.101) of Title 49 of the Code of Federal Regulations and
Section 34520.  However, the department shall not revoke a
certificate under this paragraph if the certificate holder is in
compliance with any rehabilitation or return to duty program that is
imposed by the employer that meets the controlled substances and
alcohol use and testing requirements set forth in Part 382
(commencing with Section 382.101) of Title 49 of the Code of Federal
Regulations.
   (2) If an applicant receives a positive test result and has been
provided an opportunity to challenge the validity of the test, the
department shall deny the application for a certificate listed in
subdivision (a) for three years from the date of the confirmed
positive test result.
   (3) The carrier that requested the test shall report the positive
test result to the department not later than five days after
receiving notification of the test result on a form approved by the
department.
   (4) The department shall maintain a positive test result reported
under paragraph (3) in the driving record of the applicant or
certificate holder for three years from the date the department
receives the report.
   (c) (1) The department may temporarily suspend a schoolbus, school
pupil activity bus, youth bus, or general public paratransit driver
certificate, or temporarily withhold issuance of a certificate to an
applicant, if the holder or applicant is arrested for or charged with
any sex offense, as defined in Section 44010 of the Education Code.

   (2) Upon receipt of a notice of temporary suspension, or of the
department's intent to withhold issuance, of a certificate, the
certificate holder or applicant may request a hearing within 10 days
of the effective date of the department's action.
   (3) The department shall, upon request of the holder of, or
applicant for, a certificate, within 10 working days of the receipt
of the request, conduct a hearing on whether the public interest
requires suspension or withholding of the certificate pursuant to
paragraph (1).
   (4) If the charge is dismissed or results in a finding of not
guilty, the department shall immediately terminate the suspension or
resume the application process, and shall expunge the suspension
action taken pursuant to this subdivision from the record of the
applicant or certificate holder.
   (d) An applicant or holder of a certificate may reapply for a
certificate whenever a felony or misdemeanor conviction is reversed
or dismissed.  A termination of probation and dismissal of charges
pursuant to Section 1203.4 of the Penal Code or a dismissal of
charges pursuant to Section 1203.4a of the Penal Code is not a
dismissal for purposes of this section.
   (e) The determination of the facts pursuant to this section is a
civil matter which is independent of the determination of the person'
s guilt or innocence, has no collateral estoppel effect on a
subsequent criminal prosecution, and does not preclude the litigation
of the same or similar facts in a criminal proceeding.



13377.  (a) The department shall not issue or renew, or shall
revoke, the tow truck driver certificate of an applicant or holder
for any of the following causes:
   (1) The tow truck driver certificate applicant or holder has been
convicted of a violation of Section 220 of the Penal Code.
   (2) The tow truck driver certificate applicant or holder has been
convicted of a violation of paragraph (1), (2), (3), or (4) of
subdivision (a) of Section 261 of the Penal Code.
   (3) The tow truck driver certificate applicant or holder has been
convicted of a violation of Section 264.1, 267, 288, or 289 of the
Penal Code.
   (4) The tow truck driver certificate applicant or holder has been
convicted of any felony or three misdemeanors which are crimes of
violence, as defined in paragraph (3) of subdivision (h) of Section
11105.3 of the Penal Code.
   (5) The tow truck driver certificate applicant's or holder's
driving privilege has been suspended or revoked in accordance with
any provisions of this code.
   (b) For purposes of this section, a conviction means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere.  For purposes of this section, the record of a
conviction, or a copy thereof certified by the clerk of the court or
by a judge of the court in which the conviction occurred, is
conclusive evidence of the conviction.
   (c) Whenever the department receives information from the
Department of Justice, or the Federal Bureau of Investigation, that a
tow truck driver has been convicted of an offense specified in
paragraph (1), (2), (3), or (4) of subdivision (a), the department
shall immediately notify the employer and the Department of the
California Highway Patrol.
   (d) An applicant or holder of a tow truck driver certificate,
whose certificate was denied or revoked, may reapply for a
certificate whenever the applicable felony or misdemeanor conviction
is reversed or dismissed.  If the cause for the denial or revocation
was based on the suspension or revocation of the applicant's or
holder's driving privilege, he or she may reapply for a certificate
upon restoration of his or her driving privilege.  A termination of
probation and dismissal of charges pursuant to Section 1203.4 of the
Penal Code or a dismissal of charges pursuant to Section 1203.4a of
the Penal Code is not a dismissal for purposes of this section.



13378.  (a) Any applicant for, or holder of, a tow truck driver
certificate who has received a notice of denial or revocation, may,
within 15 days of the mailing of the notice, submit to the department
a written request for a hearing.  Failure to request a hearing, in
writing, within 15 days is a waiver of the right to a hearing.
   (b) Upon receipt by the department of the hearing request, the
department may stay the action until a hearing is conducted and the
final decision is made by the hearing officer.  The department shall
not stay the action when there is reasonable cause to believe that
the stay would pose a threat to a member of the motoring public who
may require the services of the tow truck driver in question.
   (c) An applicant for, or a holder of, a tow truck driver
certificate, whose certificate has been denied or revoked, is not
entitled to a hearing whenever the action by the department is made
mandatory by this article or any other applicable law or regulation.

   (d) Upon receipt of a request for a hearing, and when the
requesting party is entitled to a hearing under this article, the
department shall appoint a hearing officer to conduct a hearing in
accordance with Section 14112.



13380.  (a) If a peace officer serves a notice of an order of
suspension pursuant to Section 13388, or arrests any person for a
violation of Section 23140, 23152, or 23153, the peace officer shall
immediately forward to the department a sworn report of all
information relevant to the enforcement action, including information
that adequately identifies the person, a statement of the officer's
grounds for belief that the person violated Section 23136, 23140,
23152, or 23153, a report of the results of any chemical tests that
were conducted on the person or the circumstances constituting a
refusal to submit to or complete the chemical testing pursuant to
Section 13388 or 23612, a copy of any notice to appear under which
the person was released from custody, and, if immediately available,
a copy of the complaint filed with the court.  For the purposes of
this section and subdivision (g) of Section 23612, "immediately"
means on or before the end of the fifth ordinary business day
following the arrest, except that with respect to Section 13388 only,
"immediately" has the same meaning as that term is defined in
paragraph (3) of subdivision (b) of Section 13388.
   (b) The peace officer's sworn report shall be made on forms
furnished or approved by the department.
   (c) For the purposes of this section, a report prepared pursuant
to subdivision (a) and received pursuant to subdivision (a) of
Section 1801, is a sworn report when it bears an entry identifying
the maker of the document or a signature that has been affixed by
means of an electronic device approved by the department.




13382.  (a) If the chemical test results for a person who has been
arrested for a violation of Section 23152 or 23153 show that the
person has 0.08 percent or more, by weight, of alcohol in the person'
s blood, or if the chemical test results for a person who has been
arrested for a violation of Section 23140 show that the person has
0.05 percent or more, by weight, of alcohol in the person's blood,
the peace officer, acting on behalf of the department, shall serve a
notice of order of suspension or revocation of the person's privilege
to operate a motor vehicle personally on the arrested person.
   (b) If the peace officer serves the notice of order of suspension
or revocation, the peace officer shall take possession of any driver'
s license issued by this state which is held by the person.  When the
officer takes possession of a valid driver's license, the officer
shall issue, on behalf of the department, a temporary driver's
license.  The temporary driver's license shall be an endorsement on
the notice of the order of suspension or revocation and shall be
valid for 30 days from the date of arrest.
   (c) The peace officer shall immediately forward a copy of the
completed notice of order of suspension form, and any driver's
license taken into possession under subdivision (b), with the report
required by Section 13380, to the department.  For the purposes of
this section, "immediately" means on or before the end of the fifth
ordinary business day following the arrest.



13384.  (a) The department shall not issue or renew a driver's
license to any person unless the person consents in writing to submit
to a chemical test or tests of that person's blood, breath, or urine
pursuant to Section 23612, or a preliminary alcohol screening test
pursuant to Section 23136, when requested to do so by a peace
officer.
   (b) All application forms for driver's licenses or driver's
license renewal notices shall include a requirement that the
applicant sign the following declaration as a condition of licensure:

   "I agree to submit to a chemical test of my blood, breath, or
urine for the purpose of determining the alcohol or drug content of
my blood when testing is requested by a peace officer acting in
accordance with Section 13388 or 23612 of the Vehicle Code."
   (c) The department is not, incident to this section, required to
maintain, copy, or store any information other than that to be
incorporated into the standard application form.



13386.  (a) (1) The Department of Motor Vehicles shall certify or
cause to be certified ignition interlock devices required by Article
5 (commencing with Section 23575) of Chapter 2 of Division 11.5 and
publish a list of approved devices.
   (2) (A) The Department of Motor Vehicles shall ensure that
ignition interlock devices that have been certified according to the
requirements of this section continue to meet certification
requirements.  The department may periodically require manufacturers
to indicate in writing whether the devices continue to meet
certification requirements.
   (B) The department may use denial of certification, suspension or
revocation of certification, or decertification of an ignition
interlock device in another state as an indication that the
certification requirements are not met, if either of the following
apply:
   (i) The denial of certification, suspension or revocation of
certification, or decertification in another state constitutes a
violation by the manufacturer of Article 2.55 (commencing with
Section 125.00) of Chapter 1 of Division 1 of the Title 13 of the
California Code of Regulations.
   (ii) The denial of certification for an ignition interlock device
in another state was due to a failure of an ignition interlock device
to meet the standards adopted by the regulation set forth in clause
(i), specifically Sections 1 and 2 of the model specification for
breath alcohol ignition interlock devices, as published by notice in
the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on
pages 11774 to 11787, inclusive.
   (C) Failure to continue to meet certification requirements shall
result in suspension or revocation of certification of ignition
interlock devices.
   (b) The department shall utilize information from an independent
laboratory to certify ignition interlock devices on or off the
premises of the manufacturer or manufacturer's agent, in accordance
with the guidelines.  The cost of certification shall be borne by the
manufacturers of ignition interlock devices.  If the certification
of a device is suspended or revoked, the manufacturer of the device
shall be responsible for, and shall bear the cost of, the removal of
the device and the replacement of a certified device of the
manufacturer or another manufacturer.
   (c) No model of ignition interlock device shall be certified
unless it meets the accuracy requirements and specifications provided
in the guidelines adopted by the National Highway Traffic Safety
Administration.
   (d) All manufacturers of ignition interlock devices that meet the
requirements of subdivision (c) and are certified in a manner
approved by the Department of Motor Vehicles, who intend to market
the devices in this state, first shall apply to the Department of
Motor Vehicles on forms provided by that department.  The application
shall be accompanied by a fee in an amount not to exceed the amount
necessary to cover the costs incurred by the department in carrying
out this section.
   (e) The department shall ensure that standard forms and procedures
are developed for documenting decisions and compliance and
communicating results to relevant agencies.  These forms shall
include all of the following:
   (1) An "Option to Install," to be sent by the Department of Motor
Vehicles to repeat offenders along with the mandatory order of
suspension or revocation.  This shall include the alternatives
available for early license reinstatement with the installation of an
ignition interlock device and shall be accompanied by a toll-free
telephone number for each manufacturer of a certified ignition
interlock device.  Information regarding approved installation
locations shall be provided to drivers by manufacturers with ignition
interlock devices that have been certified in accordance with this
section.
   (2) A "Verification of Installation" to be returned to the
department by the reinstating offender upon application for
reinstatement.  Copies shall be provided for the manufacturer or the
manufacturer's agent.
   (3) A "Notice of Noncompliance" and procedures to ensure continued
use of the ignition interlock device during the restriction period
and to ensure compliance with maintenance requirements.  The
maintenance period shall be standardized at 60 days to maximize
monitoring checks for equipment tampering.
   (f) Every manufacturer and manufacturer's agent certified by the
department to provide ignition interlock devices shall adopt fee
schedules that provide for the payment of the costs of the device by
applicants in amounts commensurate with the applicant's ability to
pay.



13388.  (a)  If a peace officer lawfully detains a person under 21
years of age who is driving a motor vehicle, and the officer has
reasonable cause to believe that the person is in violation of
Section 23136, the officer shall request that the person take a
preliminary alcohol screening test to determine the presence of
alcohol in the person, if a preliminary alcohol screening test device
is immediately available.  If a preliminary alcohol screening test
device is not immediately available, the officer may request the
person to submit to chemical testing of his or her blood, breath, or
urine, conducted pursuant to Section 23612.
   (b) If the person refuses to take, or fails to complete, the
preliminary alcohol screening test or refuses to take or fails to
complete a chemical test if a preliminary alcohol device is not
immediately available, or if the person takes the preliminary alcohol
screening test and that test reveals a blood-alcohol concentration
of 0.01 percent or greater, or if the results of a chemical test
reveal a blood-alcohol concentration of 0.01 percent or greater, the
officer shall proceed as follows:
   (1) The officer, acting on behalf of the department, shall serve
the person with a notice of an order of suspension of the person's
driving privilege.
   (2) The officer shall take possession of any driver's license
issued by this state which is held by the person.  When the officer
takes possession of a valid driver's license, the officer shall
issue, on behalf of the department, a temporary driver's license.
The temporary driver's license shall be an endorsement on the notice
of the order of suspension and shall be valid for 30 days from the
date of issuance, or until receipt of the order of suspension from
the department, whichever occurs first.
   (3) The officer immediately shall forward a copy of the completed
notice of order of suspension form, and any driver's license taken
into possession under paragraph (2), with the report required by
Section 13380, to the department.  For the purposes of this
paragraph, "immediately" means on or before the end of the fifth
ordinary business day after the notice of order of suspension was
served.
   (c) For the purposes of this section, a preliminary alcohol
screening test device is an instrument designed and used to measure
the presence of alcohol in a person based on a breath sample.




13390.  Notwithstanding Section 40000.1, a violation of Section
23136 is neither an infraction nor a public offense, as defined in
Section 15 of the Penal Code.  A violation of Section 23136 is only
subject to civil penalties.  Those civil penalties shall be
administered by the department through the civil administrative
procedures set forth in this code.



13392.  Any person whose license is suspended or delayed issuance
pursuant to Section 13388 shall pay to the department, in addition to
any other fees required for the reissuance, return, or issuance of a
driver's license, one hundred dollars ($100) for the reissuance,
return, or issuance of his or her driver's license.