Charged with a DUI in Los Angeles, San Francisco, San Diego, or Orange County?
Contact a Los Angeles DUI Attorney, San Diego DUI Lawyer, San Francisco DUI Lawyer, or Orange County DUI Attorney
UNDER-21 CONVICTION LICENSE AND DRIVING CONSEQUENCES
§ 13202.5. Under-21 Conviction for Drugs or Alcohol;
“Critical Need to Drive”
(a) If a person is between 13 and 20 years old, any conviction listed in subsection (d) will result in the suspension of that person’s driver’s license for one year. If the person does not yet have a driver’s license, that person must wait one additional year from the time they are eligible to get a driver’s license. But, if the convicted person doesn’t get another conviction listed in subsection (d) within one year of the original conviction, that person can ask the court to change the order so they don’t have to wait the additional year to get their license. For every additional conviction listed in subsection (d) after the original conviction, that person’s driver’s license (or time at which they are eligible to get one) will be suspended for one year.
Note: “Conviction” also means results obtained in juvenile hearings as noted in § 13105.
(b) For the driver’s license suspensions noted above, all driver’s licenses in the person’s possession will be taken by the court. The court will notify the DMV of a conviction within 10 days of the conviction and will send DMV any confiscated driver’s licenses.
(c)
(1) Once the court has issued its driver’s license suspension or delay, a person can ask the court to reinstate certain driving privileges if that person can show they have a “critical need to drive.”
(2) A “critical need to drive” is defined as the same conditions a person needs to show to get a junior permit (see § 12513).
(3) Any driving privileges that were reinstated remain in effect for the whole time during the suspension. The court will notify the DMV within 10 days of these kinds of privilege reinstatements.
(d) This whole section applies to drug or alcohol convictions from the following statutes:
(1) Article 7 (beginning with § 4211) of Chapter 9 of Division 2 of, and § 25658, § 25658.5, and § 25662 of, the Business and Professions Code.
(2) Division 10 (beginning with § 11000) of the Health & Safety Code.
(3) § 191.5, paragraph (3) of subdivision (c) of § 192, subdivision (c) or (d) of § 192.5, and subdivision (f) of § 647 of the Penal Code.
(4) § 23103 when subject to § 23103.5, § 23140, and Article 2 (beginning with § 23152) of Chapter 12 of Division 11 of the Vehicle Code.
(e) A suspension or delay in driver’s privileges may be added to any punishment already ordered from a conviction listed in (d).
Do Not Rely on This Statutory Interpretation. It is for Guidance Only! Make sure you consult the actual California Vehicle Code for the most accurate and current statement of the law.
Contact a Los Angeles DUI Attorney, San Diego DUI Lawyer, San Francisco DUI Lawyer, or Orange County DUI Attorney
|
