Whenever the department determines upon investigation or re-examination that any of the grounds for re-examination are true, or that the safety of the person investigated or re-examined or other persons upon the highways requires such action, and it proposes to revoke or suspend the driving privilege of the person or proposes to impose terms of probation on his driving privilege, notice and an opportunity to be heard shall be given before taking the action.
Investigation and HearingNotice
Section § 13950
This law says that if the Department of Motor Vehicles (DMV) decides, after investigating or re-examining someone, that there's a good reason to revoke or suspend their driver's license, or to put them on driving probation for safety reasons, they must first give that person a notice and a chance to explain themselves before taking any action.
driver's license suspension license revocation driving probation
Section § 13951
If the department plans to deny or not renew a driver's license, they must inform the person and allow them a chance to explain their side.
Whenever the department proposes to refuse to issue or renew a driver’s license, it shall notify the applicant of such fact and give him an opportunity to be heard.
driver's license refusal renewal denial notification opportunity to be heard
Section § 13952
When the department wants to take action against someone, they must send a notice that explains what they plan to do and why. This notice must also inform the person of their right to a hearing. The department can set a hearing date when sending the notice, as long as they give at least 10 days' notice beforehand.
The notice shall contain a statement setting forth the proposed action and the grounds therefor, and notify the person of his right to a hearing as provided in this chapter, or the department, at the time it gives notice of its intention to act may set the date of hearing, giving 10 days’ notice thereof.
notice requirements hearing rights proposed action
Section § 13953
This law allows the Department of Motor Vehicles to quickly suspend or revoke someone's driver's license if they find it necessary for safety reasons, based on an investigation or reexamination. Normally, the suspension or revocation takes effect 30 days after notifying the person. However, if the person's mental or physical condition is a threat to safety, the DMV can make the suspension or revocation effective immediately upon notifying the person.
In the alternative to the procedure under Sections 13950, 13951, and 13952 and in the event the department determines upon investigation or reexamination that the safety of the person subject to investigation or reexamination or other persons upon the highways require such action, the department shall forthwith and without hearing suspend or revoke the privilege of the person to operate a motor vehicle or impose reasonable terms and conditions of probation which shall be relative to the safe operation of a motor vehicle. No order of suspension or revocation or the imposition of terms or conditions of probation shall become effective until 30 days after the giving of written notice thereof to the person affected, except that the department shall have authority to make any such order effective immediately upon the giving of notice when in its opinion because of the mental or physical condition of the person such immediate action is required for the safety of the driver or other persons upon the highways.
license suspension license revocation DMV investigation
Section § 13954
If you've been involved in a car accident while having a blood alcohol level of 0.08% or higher, or if you caused the crash through illegal acts or neglect, your license can be immediately suspended or revoked. If the crash did not lead to a conviction, your license might be suspended for one year, after which it can be reinstated if you prove you’re responsible and safe to drive. If there's a conviction, the revocation lasts three years.
If you've had multiple violations within five years, your revocation could be longer and run consecutively with other penalties. The Department notifies you in writing and you can request a hearing within 15 days. This hearing will check if the arrest and alcohol testing were done correctly. If the arrest wasn't lawful or your BAC was under the limit, the suspension or revocation is canceled.
This law applies to crashes since January 1, 1990, but older cases will follow the law as it was before that date.
(a)CA Vehicle Code § 13954(a) Notwithstanding any other provision of this code, the department immediately shall suspend or revoke the driving privilege of a person who the department has reasonable cause to believe was in some manner involved in a crash while operating a motor vehicle under the following circumstances at the time of the crash:
(1)CA Vehicle Code § 13954(a)(1) The person had 0.08 percent or more, by weight, of alcohol in their blood.
(2)CA Vehicle Code § 13954(a)(2) They proximately caused the crash as a result of an act prohibited, or the neglect of any duty imposed, by law.
(3)CA Vehicle Code § 13954(a)(3) The crash occurred within five years of the date of a violation of subdivision (b) of Section 191.5 of the Penal Code
that resulted in a conviction.
(b)CA Vehicle Code § 13954(b) If a crash described in subdivision (a) does not result in a conviction or finding of a violation of Section 23152 or 23153, the department shall suspend the driving privilege under this section for one year from the date of commencement of the original suspension. After the one-year suspension period, the driving privilege may be reinstated if evidence establishes to the satisfaction of the department that no grounds exist that would authorize the refusal to issue a license and that reinstatement of the driving privilege would not jeopardize the safety of the person or other persons upon the highways, and if the person gives proof of financial responsibility, as defined in Section 16430.
(c)CA Vehicle Code § 13954(c) If a crash described in subdivision (a)
does result in a conviction or finding of a violation of Section 23152 or 23153, the department shall revoke the driving privilege under this section for three years from the date of commencement of the original revocation. After the three-year revocation period, the driving privilege may be reinstated if evidence establishes to the satisfaction of the department that no grounds exist that would authorize the refusal to issue a license and that reinstatement of the driving privilege would not jeopardize the safety of the person or other persons upon the highways, and if the person gives proof of financial responsibility.
(d)CA Vehicle Code § 13954(d) Any revocation action under subdivision (c) shall be imposed as follows:
(1)CA Vehicle Code § 13954(d)(1) If the crash results in a first conviction of a violation of Section 23152
or 23153, or if the person was convicted of a separate violation of Section 23152 or 23153 that occurred within five years of the crash, the period of revocation under subdivision (c) shall be concurrent with any period of restriction, suspension, or revocation imposed under Section 13352, 13352.4, or 13352.5.
(2)CA Vehicle Code § 13954(d)(2) If the person was convicted of two or more separate violations of Section 23152 or 23153, or both, that occurred within five years of the crash, the period of revocation under subdivision (c) shall be cumulative and shall be imposed consecutively with any period of restriction, suspension, or revocation imposed under Section 13352 or 13352.5.
(e)CA Vehicle Code § 13954(e) The department immediately shall notify the person in writing of the action taken and, upon the person’s request in writing and
within 15 days from the date of receipt of that request, shall grant the person an opportunity for a hearing in the same manner and under the same conditions as provided in Article 3 (commencing with Section 14100) of Chapter 3, except as otherwise provided in this section. For purposes of this section, the scope of the hearing shall cover the following issues:
(1)CA Vehicle Code § 13954(e)(1) Whether the peace officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23152 or 23153.
(2)CA Vehicle Code § 13954(e)(2) Whether the person had been placed under lawful arrest.
(3)CA Vehicle Code § 13954(e)(3) Whether a chemical test of the person’s blood, breath, or urine indicated that the blood-alcohol level was 0.08 percent or more, by weight, at the time of
testing.
If the department determines, upon a hearing of the matter, that the person had not been placed under lawful arrest, or that a chemical test of the person’s blood, breath, or urine did not indicate a blood-alcohol level of 0.08 percent or more, by weight, at the time of testing, the suspension or revocation shall be terminated immediately.
(f)CA Vehicle Code § 13954(f) This section applies if the crash occurred on or after January 1, 1990, without regard for the dates of the violations referred to in subdivisions (a) and (d).
(g)CA Vehicle Code § 13954(g) Notwithstanding subdivision (f), if a person’s privilege to operate a motor vehicle is required to be suspended or revoked pursuant to this section as it read before January 1, 1990, as a result of a crash that occurred before
January 1, 1990, the privilege shall be suspended or revoked pursuant to this section as it read before January 1, 1990.
driving privilege suspension blood alcohol level 0.08 percent BAC
