DMV Hearings in California DUI Cases

When an individual is arrested in California for driving under the influence "DUI", the arrest triggers two separate legal proceedings: one in the California criminal courts and the other with the California Department of Motor Vehicles "DMV".  Both proceedings are governed by their own rules and regulations and require the skill of an experienced DUI defense lawyer.

The California DUI court process imposes punishment on people who have been convicted of drunk driving.  DUI penalties include possible jail time, fines, completion of California DUI school, and a variety of additional
DUI probation conditions.

The DMV, by contrast, is an administrative proceeding that deals exclusively with your driving privileges and whether or not to enact a driver's license suspension.

In this article, our California DUI defense attorneys1 will tell you what to expect during a DMV DUI hearing...and how it will differ from your criminal court case...by explaining the following:

1. What is a DMV DUI Hearing?

1.1 What are my rights at a DMV hearing?

1.2. How do I schedule my DUI DMV hearing?

2. Ten Ways to Win a DMV DUI Hearing

2.1. Presenting evidence

3. The Relationship between a DMV Driving Under the Influence Hearing and a DUI Trial
4. What Happens if I Win My DMV Hearing?
5. What Happens if I Lose My
DMV DUI Hearing?

5.1. Penalties for first-offense DUI

5.2. Second-offense

5.3. Third-offense

5.4 Fourth and subsequent DUIs

5.5. Underage DUIs

5.6. Out-of-state DUIs

5.7. Appealing your DMV DUI hearing decision

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

You may also find helpful information in our related articles on Driving Under the Influence; California DUI Court Process; DMV Hearings; Vehicle Code 23152a; Vehicle Code 23152b; DUI Causing Injury; Blood Alcohol Concentration "BAC"; Refusals to Submit to Chemical DUI Blood or Breath Tests; Legal Defenses; Fighting a DUI; DUI Plea Bargaining; No Contest Pleas; Jury Trials; DUI Probation; Probable Cause; California DUI / Driver's License Checkpoints; Breath Testing Errors; Violations of Title 17 Procedures; DUI Penalties; Underage DUIs; Out-of-State DUIs; California DUI Law and Commercial Licenses; California DUI School; SR-22 Insurance Policies; and The Role of a California Appeals Attorney.

1. What is a DMV DUI Hearing?

If you are arrested in this state for drunk driving, the arresting officer will confiscate your driver's license and provide you with a pink "Notice of Suspension".  This notice acts as a temporary license for 30 days.  More importantly, this document also gives you notice that you are entitled to a DMV hearing to prevent this suspension but only if you request it within ten (10) days of the arrest.  If you do not contact the DMV within this ten day window, you will forever lose the right to be heard.

If you do not request a hearing, your license will automatically be suspended at the end of the 30 days. At a certain point you will be eligible to reinstate your license once you

  1. enroll in California DUI school,
  2. submit an SR-22 insurance form,
  3. pay a $125 reinstatement fee, and, in some counties,
  4. in some cases, install an ignition interlock device in your car.

It bears repeating that in order to try to avoid the suspension, you have the right to request a DMV hearing, which is formally known as a Driver Safety Administrative Per Se "APS" Hearing.  You only have 10 days from the date of arrest to request this hearing.  If you do not request your hearing within that timeframe, you lose your right to do so.

It is important to note that you aren't required to request this hearing.  But if you do not, the DMV will almost certainly suspend your license once the 30 days expire.

If you do request the hearing, your suspension/revocation will be delayed pending the outcome of the hearing.  And if you win the hearing, it may be prevented altogether.

1.1. What are my rights at a DMV hearing?

DMV hearings are much more relaxed than court trials.  One clear example lies in the fact that a DMV hearing officer...who often has no formal legal training...presides over the case instead of a judge.  Another is that the "burden of proof"...that is, the amount of evidence that is required to prove guilt...is more easily satisfied in a DMV hearing than in a criminal proceeding.  A third is that the hearing takes place in an office...and sometimes even over the phone...instead of in a courtroom.

Yet despite these differences in formality, you still maintain certain rights during a DMV hearing.

You have the right to be represented by an attorney at your own expense.  This means that, unlike a California criminal court proceeding, the DMV will not appoint an attorney for you in the event you are unable to afford your own.

At the hearing, you are entitled to

  • review and challenge evidence,
  • subpoena and present witnesses (including the arresting officer),
  • cross-examine witnesses, and
  • testify on your own behalf.

If you lose your hearing, you also have the right to appeal the DMV's decision (which is discussed in Section 5. What Happens if I Lose My DMV Hearing?).

1.2. How do I schedule my DUI DMV hearing?

In order to schedule your DUI DMV hearing, you must contact your local
DMV driver safety branch office which is where your hearing will be held.  These offices are different from the "traditional" DMV field offices where you go to obtain a license, renewal, vehicle registration services, etc.  And remember, you must contact the office within 10 calendar days of your arrest.  Your failure to do so forfeits your right to this hearing.

If you hire a private DUI defense attorney to represent you in your court case, he/she will likely request and schedule your DMV hearing for you, provided that you retain his/her services within that 10-day timeframe.  He/she may also appear on your behalf, in which case you do not need to attend.  And, on a similar note, many times the hearing is conducted over the phone with no personal appearances.

2. Ten Ways to Win a DMV DUI Hearing

The scope of a DUI DMV hearing is quite broad.  There are a handful of issues that the hearing officer will consider:

  1. Did the arresting officer have probable cause to believe you were driving under the influence,
  2. did the officer place you under a lawful arrest, and
  3. were you driving with a blood alcohol concentration "BAC" of 0.08% or greater?
    ∗It must be noted that driving with a BAC of 0.08% or greater is a separate offense from driving under the influence.  The first is prohibited under Vehicle Code 23152b whereas the latter is the more general offense prohibited under Vehicle Code 23152a.2

If you allegedly refused to submit to a chemical DUI blood or breath test, the last question becomes a moot point.  Instead, the final questions to answer are

  1. Did the officer tell you that if you refused to submit to a blood or breath test that your driving privilege would be suspended for one year or revoked for two or three years, and
  2. did you, in fact, willfully refuse to submit to a chemical blood or breath test after the officer asked you to provide a sample?

2.1. Presenting evidence

After considering these issues, the DMV hearing officer will either

  1. sustain the action (which means that he/she will enforce the suspension/revocation), or
  2. set aside the action (which means that he/she will reverse the suspension/revocation).  If the judge sets aside the action, it is equivalent to receiving a not guilty verdict.

The hearing officer should set aside the action and allow you to retain your driving privilege if you successfully refute at least one of the issues raised above or successfully prevent incriminating evidence from being admitted at the hearing.  The facts of your specific case will determine how you or your attorney will proceed.

The following are ten examples of common DUI defenses that your savvy DUI DMV defense attorney may present on your behalf:

1. You weren't driving -

If the officer didn't personally observe you driving, and

a) the DMV doesn't subpoena any witnesses who did, or

b) there is no other evidence that could reasonably establish you were driving,

the hearing officer should set aside the action against your license.  Let's say that, for example, you were out drinking and that when you went back to your car, you realized you shouldn't be driving.  You decided to "sleep it off", so you reclined your seat and closed your eyes.  A cop approaches you to see if you are okay, smells the alcohol on your breath, conducts an investigation and arrests you for DUI.  This would be an unlawful arrest, since you did not drive under the influence.

2. You were arrested at an illegal DUI / driver's license checkpoint -

Similarly, if you are arrested at a California DUI sobriety checkpoint that doesn't conform to the strict legal requirements set forth under California DUI law, the arrest is illegal.  This means that even if you were technically driving under the influence, the unlawful arrest would override that fact...and you should win the hearing.

3. The officer didn't have probable cause to pull you over -

If the officer didn't have probable cause to detain you for driving under the influence, the DMV must set aside the action.   Your California DUI defense lawyer could argue any number of reasons why the officer lacked probable cause to arrest you.  Perhaps you were

  • obeying all traffic laws and were truly only pulled over because you were the victim of racial profiling (∗racial profiling is the practice of initiating a stop based on someone's race, ethnicity or nationality), or
  • involved in an accident but didn't begin drinking until after you returned home (which is when the officers came to interview you).

There are almost an infinite number of ways to argue that the officer lacked probable cause at the time he/she stopped you.

4. The officer didn't conduct a proper 15-minute
observation period

Title 17 of the California Code of Regulations governs how breath and blood tests must be administered, collected, stored and analyzed.  If the officer doesn't strictly adhere to California's Title 17 regulations, the arrest is subject to scrutiny.

One of these regulations is that an officer must observe the suspect for at least 15 minutes immediately prior to conducting a breath test.  This is to ensure that the suspect doesn't vomit, eat, drink, smoke, regurgitate or do anything else that may compromise the results of the test.

The failure to conduct this observation jeopardizes the results and may mean that the arrestee's blood alcohol concentration "BAC" wasn't a 0.08% or above at the time of driving...a fact which could result in a "win" at the DMV DUI hearing.

5. The breath testing instrument wasn't calibrated or
wasn't working

Title 17 also regulates the maintenance and operation of breath testing instruments.  Current law provides that these instruments must undergo an accuracy check every ten days or 150 "blows".  If you provided your samples on instruments that failed to adhere to these standards, your BAC may be inaccurate.

Similarly, if the instrument was malfunctioning, that, too, could produce false high breath test results.  This was recently the case in Ventura County when 125 breath testing instruments were removed from the field because of suspected errors that were occurring with faulty parts and mouth pieces.  The Ventura County
District Attorney
must now review hundreds of arrests to see if any of the convictions that were based on breath test results taken on those instruments should be overturned.

6. There were physiological explanations for your false high "BAC" level

There are a variety of reasons why you could produce a BAC of 0.08% or greater that are unrelated to the amount of alcohol that you consumed.

If you suffered from any of these conditions at the time you provided your breath sample, you may not have truly been driving with a BAC of 0.08% or greater, despite the results of your breath test.

7. The officer didn't properly advise you of the consequences for refusing to submit to a chemical blood or breath test

If you refuse to submit to a DUI chemical blood or breath test, the officer must advise you that your driver's license will automatically be suspended for one year.  This admonition is in writing and the officer is supposed to read it verbatim (that is, word for word).  If he/she fails to do this, you could win your DMV hearing.

Because many officers make numerous drunk driving arrests, oftentimes, they simply "go through the motions".  If the officer

  • forgets to give this admonition,
  • deliberately chooses not to give it, or
  • recites his/her own interpretation of the admonition instead of reading it...and confuses you to the point that you don't know what is expected of you...or
  • tells you that your refusal could result in a mandatory suspension, instead of telling you that your refusal will result in a suspension,

the action against your license could be set aside.

8. You didn't refuse to submit to a chemical test

Perhaps you didn't actually refuse to submit to a chemical test.  Maybe you tried to "blow" but your breath samples weren't sufficient.  Maybe you weren't offered a blood draw as an alternative.  Maybe you were simply asking questions about the procedure and the officer misinterpreted your inquiries as hostility and assumed you were refusing.

If you didn't refuse, this allegation should be dismissed.  If there's no refusal...and no BAC results...the DMV hearing officer can't sustain the action.

9. There were fatal flaws with the officer's paperwork

When an officer makes a DUI arrest, he/she must fill out certain mandatory reports and paperwork.  If the officer forgets to sign the paperwork, writes the wrong dates on the documents, fails to report the BAC results, or records the wrong BAC results and cannot independently recall the facts of your arrest to correct these mistakes, these errors could prove fatal to the case against you.

10. You were arrested for violating the "under 21zero tolerance law" and the officer didn't lay the proper foundation for your BAC results

Drivers who are under 21 are forbidden from driving with any measurable amount of alcohol in their bodies.  This is known as California's "zero tolerance" law.  Most of the time, officers administer preliminary alcohol screening "PAS" tests to these drivers.

PAS devices are not regulated by Title 17.  This means that if an officer is going to testify about the BAC level in an under 21 DUI case, he/she would need to lay the proper foundation as to why the PAS is a reliable breath testing instrument.

In other words, the officer must supply the proof as to why the PAS results should be used as evidence against the driver.  Despite the fact that the officer may be able to do this, many times he/she will not know how to do this.

And...depending on the circumstances...you or your attorney may want to call witnesses to support these defenses.  This may include the arresting officer, a forensic alcohol expert and/or you.

3. The Relationship between a DMV DUI Hearing and a DUI Trial

It bears repeating that...unlike your DUI court proceedings...the DMV DUI hearing is not concerned with whether or not you committed a criminal act.  The hearing officer focuses exclusively on your driving privilege and on the circumstances surrounding your arrest.

That said, the two proceedings are inextricably intertwined.  Favorable testimony obtained during the DMV hearing could persuade the prosecutor to dismiss your charge(s) or to offer a reduced charge as part of DUI plea bargain negotiations.

If, during a bench or jury trial, you receive a not guilty verdict on Vehicle Code 23152b...California's law against driving with a blood alcohol concentration of 0.08% or greater...that verdict forces the DMV to reissue your driving privilege.  However, a court dismissal or pleading guilty or no contest to a reduced charge does not have any bearing on your DMV license suspension/revocation.

A major difference between the DMV hearing and the DUI trial is that a trial is much more comprehensive.  The attorneys have more leeway to explore a wider variety of legal defenses in an effort to fight your DUI charge.

And perhaps the most significant difference between the two is that the DMV hearing is governed by a DMV hearing officer...an employee of the DMV!  A DUI jury trial is governed by a panel of impartial jurors...12 people who must unanimously agree that you are guilty before you can be convicted of drunk driving.

This is why it is so critical to have a California DUI defense attorney who has experience with DMV hearings and DUI trials.  Because these proceedings are conducted in different manners...and follow different protocols...it is essential to have a lawyer who understands the differences between the two systems.

As Ventura DUI defense attorney Darrell York3 explains, "Because I have relationships and experience with so many different DMV hearing officers, I can offer my clients unsurpassed service.  I understand the types of evidence and arguments that win favor with these officers.  And this same service extends into the courtroom.  As a DUI specialist, my relationships and experience with local prosecutors, judges and customs allow me to secure the best deals for my clients."

4. What Happens if I Win My DMV Hearing?

If you win your DMV hearing...and the hearing officer sets aside the action...it means that your driving privilege will remain intact.  It also means that this fact can be used to help obtain a better "deal" with the prosecution during DUI plea bargain negotiations.  If the hearing revealed significant flaws in the state's case, it may even convince the prosecutor to dismiss your DUI charges altogether.

But because the DMV hearing and DUI court process are nevertheless considered completely separate proceedings, a "win" at the DMV hearing does not automatically carry over to the court proceedings.  For whatever reason, the prosecutor may still believe he/she has strong enough evidence to proceed to trial.

And if you are ultimately convicted of the offense in court, the judge retains the power to revoke or suspend your license.  This is why it is critical to have a California DUI defense attorney who knows how to win cases at the DMV and in court.

5. What Happens if I Lose My DMV DUI Hearing?

Even if you lose your DMV hearing, your DUI attorney may nevertheless have elicited information during the proceeding that could still encourage the prosecutor to offer you a reduced plea.  Certain plea bargains or a win at trial could cause the DMV to set aside the suspension even after it went into effect.

But as far as your driving privilege is concerned, the suspension/revocation will go into effect.  The length and circumstances of the restriction will depend on whether it is your first, second or subsequent offense.

5.1 First-offense DUI

If this is your first DUI arrest, your privilege will be suspended for six-to-ten months.4 After the first month, you may be able to have the suspension converted into a restricted license that allows you to drive to and from

  1. work, and
  2. your California DUI school.

These are the only exceptions.  And your privilege will only be converted to a restricted one once you

  1. enroll in California DUI school,
  2. submit an SR-22 insurance form, and
  3. pay a $125 reinstatement fee.5

If the DUI caused injury to another person, the DMV may suspend your license for one year.6

If you refused to submit to a chemical blood or breath test, the privilege will be suspended for one year.7

∗If the DMV hearing officer finds you caused a first-offense DUI with injury or refused to submit to a chemical test, you will not have the opportunity to convert your license suspension to a restriction.  This will also be the case if you were driving with a BAC of 0.01% or higher while you were already on DUI probation at the time of your arrest.

5.2. Second-offense DUI

If this is your second DUI within a ten-year period, the DMV will suspend your license for two years.  You may be eligible to convert the suspension to a restriction after one year by adhering to the conditions set forth above in Section 5.1.8

And if your DUI only involved alcohol...as opposed to drugs or even a combination of alcohol and drugs...and there were no additional aggravating factors, such as a particularly high BAC or a traffic accident, you may be eligible to obtain a restricted license after 90 days if you

  1. adhere to the conditions set forth above, and
  2. submit proof of enrollment in an 18-month or 30-month California DUI school, and
  3. submit proof that you have installed an ignition interlock device.

If the DUI caused another person to suffer an injury, the suspension is for three years.  This, too, may be converted to a restriction after the first year, provided you comply with the procedures above.9

If you refused to submit to a chemical blood or breath test, the DMV will suspend your license for a period of two years.10 This is because your license gets suspended one year for the refusal and an additional year for each prior DUI.

5.3. Third-offense DUI

If this is your third DUI within a ten-year period, the DMV will suspend your license for three years.  You may be eligible to convert the suspension to a restriction after one year by adhering to the conditions set forth above in Section 5.1.11

If the DUI caused injury...and it is your third or subsequent DUI offense within the ten-year period...the suspension is for five years.  This, too, may be converted to a restriction after the first year, provided you comply with the procedures above.12

If you refused to submit to a chemical blood or breath test...and it is your third or subsequent DUI offense within the ten-year period, the DMV will suspend your license for a period of three years.13

5.4. Fourth and subsequent DUIs

If this is your fourth or subsequent DUI within a ten-year period...which elevates it to a felony DUI ...the DMV will suspend your license for four years.  You may be eligible to convert the suspension to a restriction after one year by adhering to the conditions set forth above in Section 5.1.14

∗These penalties will all vary quite a bit for drivers who hold commercial driver's licenses.   For information about these restrictions, please see our article on California DUI law and Commercial Licenses.

5.5. Underage DUIs

If you are under 21 and drive with even a 0.01% BAC, you violate California's zero tolerance law.  This type of underage DUI offense is civil in nature. The hearing officer can sustain the action upon a finding that you drove with any measurable amount of alcohol in your system.15

If you lose your DMV hearing, your license will be suspended for a period of one year.  If you do not yet have a driver's license, your privilege to obtain a driver's license will be postponed for one year. 16

And if you refused to submit to a chemical blood or breath test as an underage drinker, your license may be suspended for a period of one to three years, depending on how many prior violations you have for this or any other DUI-related offense. 17

5.6. Out-of-state drivers

If you were arrested for DUI in California, but you do not live in this state, you would follow the same protocol discussed above in Section 1.2. How do I schedule my DUI DMV hearing? You can have a California DUI attorney appear in person or telephonically on your behalf.

In the event that you are an out-of-state driver arrested for a California DUI, and you lose this hearing, your privilege to drive in this state will be suspended just as if you were a permanent resident.

But the fact that your driving privilege in California has been suspended will most likely affect your driver's license in your home state as well. This is because all but five states (Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin) belong to the Interstate Drivers License Compact (IDLC).

The IDLC revolves around the concept that every driver in the country has a single driver's license and a single driving record. States belonging to the Interstate Drivers License Compact report driving arrests (including DUIs) to each other. As a result, your home state will likely take its own action against your driver's license if you suffer a California DUI arrest.

This is another reason why it is so important to hire a California DUI defense attorney who knows the most effective ways to convince the DMV hearing officer that your driving privilege should not be suspended or revoked.

5.7. Appealing your DMV DUI hearing decision

If you should have prevailed at your DMV hearing...and that the hearing officer simply "got it wrong"...you have the right to appeal the decision.  You can ask the DMV itself to conduct a departmental review or file an appeal directly with the
California Superior Court.

Instructions and the time frame for appealing the DMV's ruling will be found on the written form notifying you of the department's decision.  There is a $120 fee for the DMV review.

If you appeal directly to the court, you do so through a Writ of Mandate, which is a request for the court to review and reverse the final decision of the DMV.  Filing a Writ on this issue generally costs between $2,500 and $3,500.  If you are not satisfied with that decision, you can appeal to the California Court of Appeals.

Both procedures involve specific timeframes and deadlines and operate under a set of strict rules.  As a result, it is important to hire an experienced California appeals attorney should you decide to appeal your decision.

Contact us for help...
Img-call-for-help

If you or loved one is in need of help with DUI cases and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

Additionally, our Las Vegas Nevada criminal defense attorneys are available to answer any questions about Nevada's DMV DUI hearings.  For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.18

Additional Online Resources:

California DMV: DUI Arrest DMV Administrative Hearings vs. Criminal Court Trials

California DMV: Information about Driver Safety Administrative Hearings

Legal References:

1 Our California DUI defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier.  We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.  We are here to help fight your DUI court case and will represent you in your DMV DUI hearings as well.

2 California Vehicle Code 23152 VC -- Driving under influence; blood alcohol percentage; presumptions.  ("(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle [this is the section that DUI DMV hearings revolve around]. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. (c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code. (d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. (e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more. (f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.")

3 Ventura DUI defense attorney Darrell York uses his former experience as a Glendale Police Officer to represent clients at the Ventura Hall of Justice, the Van Nuys courthouse, the Pasadena courthouse, the Burbank courthouse, the Glendale courthouse, the Lancaster courthouse, the San Fernando courthouse, the Criminal Courts Building and at local DMV driver safety offices to conduct their DMV DUI hearings.

4 California Vehicle Code 13352 VC -- Conviction for driving under the influence or engaging in speed contests or exhibitions of speed; terms of suspension or revocation of license; eligibility for restricted license; reinstatement conditions.   ("(a) The department [that is, the California DMV pursuant to a DUI DMV hearing] shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153 or subdivision (a) of Section 23109 or Section 23109.1. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified below shall apply to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows: (1) Except as required under Section 13352.1 or 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536 [pursuant to a DUI DMV hearing], 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. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. (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 subdivision (b) of Section 23556. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in Section 23556. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. (3) Except as provided in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540 [pursuant to a DUI DMV hearing], 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 subdivision (b) of Section 23542. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restriction of the driving privilege, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, subject to the following conditions: (A) Completion of 12 months of the suspension period, or completion of 90 days of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation. (B) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: (i) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. (ii) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person's residence or employment. (C) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B). (D) The person submits the "Verification of Installation" form described in paragraph (2) of subdivision (g) of Section 13386. (E) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575. (F) The person provides proof of financial responsibility, as defined in Section 16430. (G) The person pays all reissue fees and any restriction fee required by the department. (H) The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department. (I) 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 [pursuant to a DUI DMV hearing], the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (4) of subdivision (b) of Section 23562. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after the completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, the person may apply to the department for a restricted driver's license, subject to the following conditions: (A) The person has satisfactorily completed, subsequent to the violation date of the current underlying conviction, either of the following: (i) The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. (ii) The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person's residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in that 30-month program. (B) The person submits the "Verification of Installation" form described in paragraph (2) of subdivision (g) 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 [pursuant to a DUI DMV hearing], 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, as described in subdivision (b) or (c) of Section 23548, or, if available in the county of the person's residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restriction of the driving privilege, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, subject to the following conditions: (A) Completion of 12 months of the suspension period, or completion of six months of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation. (B) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: (i) Proof of enrollment in an 18-month driving-under-the- influence program licensed pursuant to Section 11836 of the Health and Safety Code. (ii) Proof of enrollment in a 30-month driving-under-the- influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person's residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in the 30-month driving-under-the-influence program. (C) The person submits the "Verification of Installation" form described in paragraph (2) of subdivision (g) 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) An individual convicted of a violation of Section 23152 punishable under Section 23546 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person's residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral. (G) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. (H) The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department. (I) The restriction shall remain in effect for the period required in subdivision (f) of Section 23575. (6) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566 [pursuant to a DUI DMV hearing], the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568, or if available in the county of the person's residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, the person may apply to the department for a restricted driver's license, subject to the following conditions: (A) The person has satisfactorily provided, subsequent to the violation date of the current underlying conviction, either of the following: (i) Completion of the initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person's residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in the 30-month driving-under-the-influence program. (ii) Completion of the initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person's county of residence or employment. (B) The person submits the "Verification of Installation" form described in paragraph (2) of subdivision (g) of Section 13386. (C) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575. (D) The person provides proof of financial responsibility, as defined in Section 16430. (E) An individual convicted of a violation of Section 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 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. (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 of a violation of Section 23123 punishable under Section 23550.5 [pursuant to a DUI DMV hearing], the privilege shall be revoked for a period of four 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 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 in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, the person may apply to the department for a restricted driver's license, subject to the following conditions: (A) The person has satisfactorily completed, subsequent to the violation date of the current underlying conviction, either of the following: (i) The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. (ii) The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person's residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in the 30-month driving-under-the-influence program. (B) The person submits the "Verification of Installation" form described in paragraph (2) of subdivision (g) of Section 13386. (C) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575. (D) The person provides proof of financial responsibility, as defined in Section 16430. (E) An individual convicted of a violation of Section 23152 punishable under Section 23550 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program 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. (8) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section or Section 23109.1, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430. (9) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430. (b) For the purpose of paragraphs (2) to (9), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153 or subdivision (a) of Section 23109 or Section 23109.1, as specified in subdivision (a) of this section, is a conviction. (c) A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the findings specified in subdivision (a) to the department. (d) A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction. (e) For the purposes of the restriction conditions specified in paragraphs (3) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the person's driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The person's driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met. (f) For the purposes of this section, completion of a program is the following: (1) Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program. (2) Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code. (g) The holder of a commercial driver's license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the person's noncommercial driving privilege under this section is not eligible for the restricted driver's license authorized under paragraphs (3) to (7), inclusive, of subdivision (a).")

5 See same.  See also California Vehicle Code 13352.4 VC -- Restricted driver's licenses.  ("(a) Except as provided in subdivision (h), the department shall issue a restricted driver's license to a person whose driver's license was suspended under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 [pursuant to a DUI DMV hearing], if the person meets all of the following requirements: (1) Submits proof satisfactory to the department 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 subdivision (b) of Section 23538. (2) Submits proof of financial responsibility, as defined 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 until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later, and may include credit for any suspension period served under subdivision (c) of Section 13353.3. (c) The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the person's place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence 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 the proof required under Section 16484 is received by the department. (e) For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation. (f) The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later. (g) The holder of a commercial driver's license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the person's noncommercial driving privilege under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 is not eligible for the restricted driver's license authorized under this section. (h) If, upon conviction, the court has made the determination, as authorized under subdivision (d) of Section 23536 or paragraph (3) of subdivision (a) of Section 23538, to disallow the issuance of a restricted driver's license, the department may not issue a restricted driver's license under this section.")

6 See California Vehicle Code 13352 VC -- Conviction for driving under the influence or engaging in speed contests or exhibitions of speed; terms of suspension or revocation of license [pursuant to a DUI DMV hearing]; eligibility for restricted license; reinstatement conditions, endnote 4, above, section (a)(2).

7 California Vehicle Code 13353 VC -- Chemical blood, breath, or urine tests.  ("(a) If a 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 [pursuant to a DUI DMV hearing]. (2) Revoke the person's privilege to operate a motor vehicle for a period of two years if the refusal occurred within 10 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 subdivision (a) of Section 192.5 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 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 10 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 subdivision (a) of Section 192.5 of the Penal Code, or any combination thereof, that 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 that 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 a stay of the suspension or revocation, as provided for in Section 13558. (D) For the purposes of this section, 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 the Dominion of Canada that, if committed in this state, would be a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, is a conviction of that particular section of the Vehicle Code or Penal Code. (b) If a person on more than one occasion in separate incidents refuses the officer's request to submit to, or fails to complete, a chemical test or tests pursuant to Section 23612 while driving a motor vehicle, upon the 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, the department shall disqualify the person from operating a commercial motor vehicle for the rest of his or her lifetime. (c) 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. (d) Upon the 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 a person described in subdivision (a) of Section 23612 who is 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. (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. (f) The suspension or revocation imposed under this section shall run concurrently with any restriction, suspension, or revocation imposed under Section 13352, 13352.4, or 13352.5 that resulted from the same arrest.")

8 See California Vehicle Code 13352 VC -- Conviction for driving under the influence or engaging in speed contests or exhibitions of speed; terms of suspension or revocation of license [pursuant to a DUI DMV hearing]; eligibility for restricted license; reinstatement conditions, endnote 4, above, section (a)(3).

9 See same, section (a)(4).

10 See Chemical test refusals, endnote 7, section (a)(2).

11 See California Vehicle Code 13352 VC -- Conviction for driving under the influence or engaging in speed contests or exhibitions of speed; terms of suspension or revocation of license [pursuant to a DUI DMV hearing]; eligibility for restricted license; reinstatement conditions, endnote 4, above, section (a)(5).

12 See same, section (a)(6).

13 See Chemical test refusals, endnote 7, section (a)(3).

14 See California Vehicle Code 13352 VC -- Conviction for driving under the influence or engaging in speed contests or exhibitions of speed; terms of suspension or revocation of license [pursuant to a DUI DMV hearing]; eligibility for restricted license; reinstatement conditions, endnote 4, above, section (a)(7).

15 California Vehicle Code 23136 VC -- Blood alcohol concentration of .01 or greater; implied consent to testing; failure to submit to or complete testing.  ("(a) Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law. (b) A person shall be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test. (c)(1) Any person under the age of 21 years who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a). (2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of subdivision (a). (3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.")

16California DMV website Q and A: Driving Under the Influence - Immediate Driver License Suspension: Drivers Under Age 21. ("HOW LONG WILL I BE SUSPENDED OR REVOKED? A.  If you took a PAS or chemical test, and the results showed a 0.01% BAC level or more, your driving privilege will be suspended for one year. B.  If you refused or failed to complete a PAS or other chemical test, your driving privilege will be: Suspended for one year for a first offense. Revoked for two years for a second offense in ten years. Revoked for three years for three or more offenses in ten years.")

17 See California's Zero Tolerance Policy, endnote 15, above.

18 Please feel free to contact our Las Vegas Nevada criminal defense attorneys Michael Becker and Mike Castillo for any questions relating to Nevada's drug court and diversion programs. Our Nevada law offices are located in Reno and Las Vegas.

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