Section § 13800

Explanation

This law allows the Department of Motor Vehicles (DMV) to investigate whether a person's driver's license should be suspended or revoked, or if probationary terms should be added. They can do this if certain conditions are met. For instance, if the licensee is involved in an accident causing injury or serious damage, has been in three or more accidents in a year, or has multiple convictions related to driving under the influence of alcohol or drugs over several years. Other reasons include being a reckless driver, allowing illegal use of their license, or if there are grounds that would justify denying a license.

The department may conduct an investigation to determine whether the privilege of any person to operate a motor vehicle should be suspended or revoked or whether terms or conditions of probation should be imposed upon receiving information or upon a showing by its records:
(a)CA Vehicle Code § 13800(a) That the licensee has been involved as a driver in an accident causing death or personal injury or serious damage to property.
(b)CA Vehicle Code § 13800(b) That the licensee has been involved in three or more accidents within a period of 12 consecutive months.
(c)CA Vehicle Code § 13800(c) That the person in three consecutive years has committed three or more offenses that have resulted in convictions involving the consumption of an alcoholic beverage or drug, or both, while operating a motor vehicle, including, but not limited to, offenses under Section 23103.5, 23152, 23153, 23222, or 23224; has been involved in three or more crashes in which the crash reports show that the person was driving and had consumed alcoholic beverages or drugs, or both; or had any combination of three or more of those offenses and crashes.
(d)CA Vehicle Code § 13800(d) That the licensee is a reckless, negligent, or incompetent driver of a motor vehicle.
(e)CA Vehicle Code § 13800(e) That the licensee has permitted an unlawful or fraudulent use of their driver’s license.
(f)CA Vehicle Code § 13800(f) That any ground exists for which a license might be refused. The receipt by the department of an abstract of the record of conviction of any offense involving the use or possession of narcotic controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code shall be a sufficient basis for an investigation by the department to determine whether grounds exist for which a license might be refused.

Section § 13801

Explanation

If someone with a driver's license needs further investigation, the department can ask them to take a re-examination and will notify them 10 days in advance. If the person refuses or avoids the re-exam, their driving privileges can be suspended immediately until they do take the test.

In addition to the investigation, the department may require the re-examination of the licensee, and shall give 10 days’ written notice of the time and place thereof. If the licensee refuses or fails to submit to the re-examination, the department may peremptorily suspend the driving privilege of the person until such time as the licensee shall have submitted to re-examination. The suspension shall be effective upon notice.

Section § 13802

Explanation

This law requires the department to consider how much a vehicle is used or how many miles it has traveled when applying the rules laid out in Section 13800.

In applying the provisions of Section 13800 the department shall give due consideration to the amount of use or mileage traveled in the operation of a motor vehicle.