Whenever any person is convicted of any offense for which this code makes mandatory the revocation or suspension by the department of the privilege of the person to operate a motor vehicle, the privilege of the person to operate a motor vehicle is suspended or revoked until the department takes the action required by this code, and the court in which the conviction is had shall require the surrender to it of the driver’s license or temporary permit issued to the person convicted and the court shall within 10 days after the conviction forward the same with the required report of the conviction to the department.
Suspension Or Revocation of LicensesProcedure
Section § 13550
If someone is convicted of an offense that automatically requires their driver's license to be suspended or revoked, this suspension or revocation remains in place until the Department of Motor Vehicles (DMV) acts on it. The court must take the convicted person's driver's license or temporary permit and send it along with a conviction report to the DMV within 10 days.
driver's license suspension conviction mandatory revocation
Section § 13551
If your driving privilege is revoked or suspended in California, it affects all your driver's licenses. You must surrender these licenses to the Department of Motor Vehicles (DMV) or to a peace officer. If your license is canceled, it must also go back to the DMV. Your suspended license will be kept by the DMV, but you'll get it back, or can get a new one, when the suspension period is over and you're eligible again.
If it's found that there was no reason for the suspension, revocation, or cancellation, you'll either get your license back or may be issued a new one, as long as you're eligible for a driver's license.
(a)CA Vehicle Code § 13551(a) Whenever the department revokes or suspends the privilege of any person to operate a motor vehicle, the revocation or suspension shall apply to all driver’s licenses held by that person, and, unless previously surrendered to the court, all of those licenses shall be surrendered to the department, or, pursuant to Section 13388, 23612, or 13382, to a peace officer on behalf of the department. Whenever the department cancels a driver’s license, the license shall be surrendered to the department. All suspended licenses shall be retained by the department. The department shall return the license to the licensee, or may issue the person a new license upon the expiration of the period of suspension or revocation, if the person is otherwise eligible for a driver’s license.
(b)CA Vehicle Code § 13551(b) The department shall return the license to the licensee, or may issue the person a new license, whenever the department determines that the grounds for suspension, revocation, or cancellation did not exist at the time the action was taken, if the person is otherwise eligible for a driver’s license.
driver's license suspension driver's license revocation license cancellation
Section § 13552
This section of the vehicle code explains that nonresidents driving in California can have their driving privileges suspended or revoked just like residents. If a nonresident who has had their driving privileges suspended or revoked in California continues to drive, they are breaking the law. The Department of Motor Vehicles (DMV) will inform the nonresident’s home state authorities when such actions are taken.
(a)CA Vehicle Code § 13552(a) The privileges of a nonresident to operate vehicles in this state may be suspended or revoked under the provisions of this chapter in the same manner and to the same extent as the privileges of a resident driver.
(b)CA Vehicle Code § 13552(b) Any nonresident, whether or not licensed to drive in a foreign jurisdiction, who operates a motor vehicle upon a highway after his privilege of operating a motor vehicle in this state has been suspended or revoked is in violation of Section 14601 or 14601.1.
(c)CA Vehicle Code § 13552(c) Whenever the department revokes or suspends the privileges of a nonresident to operate vehicles in this state, it shall send a certified copy of the order to the proper authorities in the state wherein the person is a resident.
nonresident driving privileges suspension of driving privileges revocation of license
Section § 13553
If a person's right to drive is suspended or revoked by the court or the department, and they don't have a valid driver's license or have never gotten one in California, they will still face all penalties and restrictions as if they had violated the terms of a suspension or revocation.
Whenever a court or the department suspends or revokes the privilege of any person to operate a motor vehicle and the person does not hold a valid driver’s license, or has never applied for or received a driver’s license in this State, the person shall be subject to any and all penalties and disabilities provided in this code for a violation of the terms and conditions of a suspension or revocation of the privilege to operate a motor vehicle.
suspended driving privilege revoked driving privilege penalties for driving
Section § 13555
This law states that if someone is convicted of a driving-related offense, getting their probation terminated or charges dismissed doesn't stop the DMV from considering the conviction when deciding to revoke, suspend, or limit their driver's license. Basically, even if the charges are dismissed, the conviction still counts against them for driving privileges.
A termination of probation and dismissal of charges pursuant to Section 1203.4 of, or a dismissal of charges pursuant to Section 1203.4a of, or relief granted pursuant to Section 1203.425 of, the Penal Code does not affect any revocation or suspension of the privilege of the person convicted to drive a motor vehicle under this chapter. Such person’s prior conviction shall be considered a conviction for the purpose of revoking or suspending or otherwise limiting such privilege on the ground of two or more
convictions.
probation termination dismissal of charges Penal Code Section 1203.4
Section § 13556
This law sets limits on how long a driver's license can be suspended by the department in California. In general, a suspension can't last more than six months unless the law allows for a longer suspension or revocation, in which case it can last up to 12 months.
If a person's license has been suspended for their actions for eight years, the department may choose to end it. However, if a suspension is due to a physical or mental condition, it will remain in place until the person can prove they're safe to drive again.
(a)CA Vehicle Code § 13556(a) Unless otherwise specifically provided in this chapter, no suspension of a license by the department shall be for a longer period than six months, except that the department may suspend a license for a maximum period of 12 months in those cases when a discretionary revocation would otherwise be authorized pursuant to this chapter.
(b)CA Vehicle Code § 13556(b) Any discretionary suspension, the ending of which is dependent upon an action by the person suspended and which has been in effect for eight years, may be ended at the election of the department.
(c)CA Vehicle Code § 13556(c) Notwithstanding any other provisions of this code, a suspension based upon a physical or mental condition shall continue until evidence satisfactory to the department establishes that the cause for which the action was taken has been removed or no longer renders the person incapable of operating a motor vehicle safely.
license suspension duration maximum license suspension discretionary revocation
Section § 13557
This section explains how the California Department of Motor Vehicles (DMV) reviews cases when a person's driver's license is suspended or revoked after driving-related violations. The DMV evaluates the evidence, such as police reports, to determine if suspension or revocation is justified. If the evidence shows probable cause that a person was driving with excessive blood alcohol levels or refused a chemical test, the DMV will uphold the suspension or revocation. However, if the evidence does not sufficiently prove the offense, the DMV must rescind the suspension or revocation.
If the person is under 21 and caught with a certain alcohol level, additional penalties apply. The DMV's decision becomes final unless the person requests a hearing. An important note is that the DMV's administrative review does not delay the suspension, and a separate hearing can be requested. Furthermore, these DMV determinations don't affect any related criminal charges.
(a)CA Vehicle Code § 13557(a) The department shall review the determination made pursuant to Section 13353, 13353.1, or 13353.2 relating to a person who has received a notice of an order of suspension or revocation of the person’s privilege to operate a motor vehicle pursuant to Section 13353, 13353.1, 13353.2, 13382, or 23612,. The department shall consider the sworn report submitted by the peace officer pursuant to Section 23612 or 13380 and any other evidence accompanying the report.
(b)Copy CA Vehicle Code § 13557(b)
(1)Copy CA Vehicle Code § 13557(b)(1) If the department determines in the review of a determination made under Section 13353 or 13353.1, by a preponderance of the evidence, all of the following facts, the department shall sustain the order of suspension or revocation:
(A)CA Vehicle Code § 13557(b)(1)(A) The peace officer had reasonable cause to believe that the person had been driving a motor vehicle in violation of Section 23136, 23140, 23152, 23153, or 23154.
(B)CA Vehicle Code § 13557(b)(1)(B) The person was placed under arrest or, if the alleged violation was of Section 23136, that the person was lawfully detained.
(C)CA Vehicle Code § 13557(b)(1)(C) The person refused or failed to complete the chemical test or tests after being requested by a peace officer.
(D)CA Vehicle Code § 13557(b)(1)(D) Except for the persons described in Section 23612 who are incapable of refusing, the person had been told that his or her privilege to operate a motor vehicle would be suspended or revoked if he or she refused to submit to, and complete, the required testing.
(2)CA Vehicle Code § 13557(b)(2) If the department
determines, by a preponderance of the evidence, that any of the facts required under paragraph (1) were not proven, the department shall rescind the order of suspension or revocation and, if the person is otherwise eligible, return or reissue the person’s driver’s license pursuant to Section 13551. The determination of the department upon administrative review is final unless a hearing is requested pursuant to Section 13558.
(3)CA Vehicle Code § 13557(b)(3) If the department determines in the review of a determination made under Section 13353.2, by the preponderance of the evidence, all of the following facts, the department shall sustain the order of suspension or revocation, or if the person is under 21 years of age and does not yet have a driver’s license, the department shall delay issuance of that license for one year:
(A)CA Vehicle Code § 13557(b)(3)(A) The peace officer had reasonable cause to believe that the person had been driving
a motor vehicle in violation of Section 23136, 23140, 23152, 23153, or 23154.
(B)CA Vehicle Code § 13557(b)(3)(B) The person was placed under arrest or, if the alleged violation was of Section 23136, the person was lawfully detained.
(C)CA Vehicle Code § 13557(b)(3)(C) The person was driving a motor vehicle under any of the following circumstances:
(i)CA Vehicle Code § 13557(b)(3)(C)(i) When the person had 0.08 percent or more, by weight, of alcohol in his or her blood.
(ii)CA Vehicle Code § 13557(b)(3)(C)(ii) When the person was under 21 years of age and had 0.05 percent or more, by weight, of alcohol in his or her blood.
(iii)CA Vehicle Code § 13557(b)(3)(C)(iii) When 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.
(iv)CA Vehicle Code § 13557(b)(3)(C)(iv) When the person was driving a vehicle that requires a commercial driver’s license and the person had 0.04 percent or more, by weight, of alcohol in his or her blood.
(v)CA Vehicle Code § 13557(b)(3)(C)(v) When the person was on probation for a violation of Section 23152 or 23153 and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
(4)CA Vehicle Code § 13557(b)(4) If the department determines that any of those facts required under paragraph (3) were not proven by the preponderance of the evidence, the department shall rescind the order of suspension or revocation and, if the person is otherwise eligible, return or reissue the person’s driver’s license pursuant to Section 13551. For persons under 21 years of age, the determination of the department pursuant to paragraph (3) is final unless a
hearing is requested within 10 days of the determination, which hearing shall be conducted according to Section 13558. For persons over 21 years of age, the determination of the department upon administrative review is final unless a hearing is requested pursuant to Section 13558.
(c)CA Vehicle Code § 13557(c) The department shall make the determination upon administrative review before the effective date of the order of suspension or revocation.
(d)CA Vehicle Code § 13557(d) The administrative review does not stay the suspension or revocation of a person’s privilege to operate a motor vehicle. If the department is unable to make a determination on administrative review within the time limit in subdivision (c), the department shall stay the effective date of the order of suspension or revocation pending the determination and, if the person’s driver’s license has been taken by the peace officer pursuant to Section 13382, 13388,
13389, or 23612, the department shall notify the person before the expiration date of the temporary permit issued pursuant to Section 13382, 13388, 13389, or 23612, or the expiration date of any previous extension issued pursuant to this subdivision, in a form that permits the person to establish to any peace officer that his or her privilege to operate a motor vehicle is not suspended or revoked.
(e)CA Vehicle Code § 13557(e) A person may request and be granted a hearing pursuant to Section 13558 without first receiving the results of an administrative review pursuant to this section. After receiving a request for a hearing, the department is not required to conduct an administrative review of the same matter pursuant to this section.
(f)CA Vehicle Code § 13557(f) A determination of facts by the department under this section has no collateral estoppel effect on a subsequent criminal prosecution and does not preclude litigation of
those same facts in the criminal proceeding.
driver's license suspension license revocation administrative review
Section § 13558
If you've received a notice saying your driver's license might be suspended or revoked, you can request a hearing to contest it. But, you need to ask for this hearing within 10 days of getting the notice if you want it before the suspension starts.
The hearing will cover specific issues related to your suspension, and you can present evidence beyond what was in the initial review. The Department of Motor Vehicles (DMV) will set the hearing location close to where you were arrested, unless you both agree otherwise.
If the DMV fails to conduct this hearing within the allowed time, they'll delay your suspension. They'll also notify you if they decide to suspend your license after the hearing, and you can ask a court to review the decision. Remember, the facts determined in this hearing won't affect any related criminal charges you might face.
(a)CA Vehicle Code § 13558(a) Any person, who has received a notice of an order of suspension or revocation of the person’s privilege to operate a motor vehicle pursuant to Section 13353, 13353.1, 13353.2, 13388, 23612, or 13382 or a notice pursuant to Section 13557, may request a hearing on the matter pursuant to Article 3 (commencing with Section 14100) of Chapter 3, except as otherwise provided in this section.
(b)CA Vehicle Code § 13558(b) If the person wishes to have a hearing before the effective date of the order of suspension or revocation, the request for a hearing shall be made within 10 days of the receipt of the notice of the order of suspension or revocation. The hearing shall be held at a place designated by the
department as close as practicable to the place where the arrest occurred, unless the parties agree to a different location. Any evidence at the hearing shall not be limited to the evidence presented at an administrative review pursuant to Section 13557.
(c)Copy CA Vehicle Code § 13558(c)
(1)Copy CA Vehicle Code § 13558(c)(1) The only issues at the hearing on an order of suspension or revocation pursuant to Section 13353 or 13353.1 shall be those facts listed in paragraph (1) of subdivision (b) of Section 13557. Notwithstanding Section 14106, the period of suspension or revocation specified in Section 13353 or 13353.1 shall not be reduced and, notwithstanding Section 14105.5, the effective date of the order of suspension or revocation shall not be stayed pending review at a hearing pursuant to this section.
(2)CA Vehicle Code § 13558(c)(2) The only issues at the hearing on an order of suspension pursuant to Section 13353.2 shall be those facts listed
in paragraph (3) of subdivision (b) of Section 13557. Notwithstanding Section 14106, the period of suspension specified in Section 13353.3 shall not be reduced.
(d)CA Vehicle Code § 13558(d) The department shall hold the administrative hearing before the effective date of the order of suspension or revocation if the request for the hearing is postmarked or received by the department on or before 10 days after the person’s receipt of the service of the notice of the order of suspension or revocation pursuant to Section 13353.2, 13388, 23612, or 13382.
(e)CA Vehicle Code § 13558(e) A request for an administrative hearing does not stay the suspension or revocation of a person’s privilege to operate a motor vehicle. If the department does not conduct an administrative hearing and make a determination after an administrative hearing within the time limit in subdivision (d), the department shall stay the effective date of the order of
suspension or revocation pending the determination and, if the person’s driver’s license has been taken by the peace officer pursuant to Section 13388, 23612, or 13382, the department shall notify the person before the expiration date of the temporary permit issued pursuant to Section 13388, 23612, or 13382, or the expiration date of any previous extension issued pursuant to this subdivision, provided the person is otherwise eligible, in a form that permits the person to establish to any peace officer that his or her privilege to operate a motor vehicle is not suspended or revoked.
(f)CA Vehicle Code § 13558(f) The department shall give written notice of its determination pursuant to Section 14105. If the department determines, upon a hearing of the matter, to suspend or revoke the person’s privilege to operate a motor vehicle, notwithstanding the term of any temporary permit issued pursuant to Section 13388, 23612, or 13382, the temporary permit shall be revoked and
the suspension or revocation of the person’s privilege to operate a motor vehicle shall become effective five days after notice is given. If the department sustains the order of suspension or revocation, the department shall include notice that the person has a right to review by the court pursuant to Section 13559.
(g)CA Vehicle Code § 13558(g) A determination of facts by the department upon a hearing pursuant to this section has no collateral estoppel effect on a subsequent criminal prosecution and does not preclude litigation of those same facts in the criminal proceeding.
driver's license suspension revocation hearing hearing request
Section § 13559
If your driver's license is suspended or revoked after a hearing, you have 30 days to ask a court in your county for a review. However, just requesting this review won't pause the suspension or revocation, and the court will only look at the existing record without new evidence. If the court finds that the department overstepped its authority, misinterpreted the law, acted unfairly, or made a decision not backed by evidence, it can cancel the suspension or revocation and restore your license.
This court's decision won't affect any related criminal cases, and the same facts can be argued again in criminal court.
(a)CA Vehicle Code § 13559(a) Notwithstanding Section 14400 or 14401, within 30 days of the issuance of the notice of determination of the department sustaining an order of suspension or revocation of the person’s privilege to operate a motor vehicle after the hearing pursuant to Section 13558, the person may file a petition for review of the order in the court of competent jurisdiction in the person’s county of residence. The filing of a petition for judicial review shall not stay the order of suspension or revocation. The review shall be on the record of the hearing and the court shall not consider other evidence. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is not supported by the evidence in the record, the court may order the department to rescind the order of suspension or revocation and return, or reissue a new license to, the person.
(b)CA Vehicle Code § 13559(b) A finding by the court after a review pursuant to this section shall have no collateral estoppel effect on a subsequent criminal prosecution and does not preclude litigation of those same facts in the criminal proceeding.
driver's license suspension license revocation petition for review
