California Vehicle Code Section 13202.5 - Controlled Substances or Alcohol-Related Offense

Request Free Consultation
with a DUI Attorney

For more information about driving under the influence or drunk driving, please contact our office today!

Complete the form and a lawyer or representative from The Law Office of Robert Tayac will contact you shortly.

The transmission of this e-mail inquiry regarding a California DUI or DMV case or any other legal matter does not create an attorney-client relationship with any lawyer or lawyers of The Law Office of Robert Tayac. The only way to create an attorney-client relationship with any lawyer or lawyers of this law firm is by signing a written legal services agreement and complying with its terms.

13202.5. (a) For each conviction of a person for ( )¹ an offense specified in subdivision (d), committed while the person was under the age of 21 years, but 13 years of age or older, the court shall suspend the person's driving privilege for one year. If the person convicted does not yet have the privilege to drive, the court shall order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for ( )¹ an offense specified in subdivision (d) in a 12-month period after the conviction, the court, upon petition of the person affected, may modify the order imposing the delay of the privilege. For each successive offense, the court shall suspend the person's driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year.

As used in this section, the term "conviction" includes the findings in juvenile proceedings specified in Section 13105.

(b) Whenever the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction is had shall require all driver's licenses held by the person to be surrendered to the court. The court shall within 10 days following the conviction transmit a certified abstract of the conviction, together with any driver's licenses surrendered, to the department.

(c) (1) After a court has issued an order suspending or delaying driving privileges pursuant to subdivision (a), the court, upon petition of the person affected, may review the order and may impose restrictions on the person's privilege to drive based upon a showing of a critical need to drive.

(2) As used in this section, "critical need to drive" means the circumstances ( )² that are required to be shown for the issuance of a junior permit pursuant to Section 12513.

(3) The restriction shall remain in effect for the balance of the period of suspension or restriction in this section. The court shall notify the department of any modification within 10 days of the order of modification.

(d) This section applies to violations involving controlled substances or alcohol contained in the following provisions:

(1) Article 7 (commencing with Section ( )³ 4110) of Chapter 9 of Division 2 of, and Sections 25658, 25658.5, 25661, and 25662 of, the Business and Professions Code.

(3) Section 191.5, ( )⁴ subdivision (a) or (b) of Section 192.5, and subdivision (f) of Section 647 of the Penal Code.

(e) Suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of ( )¹ a violation specified in subdivision (d).

Amended Sec. 17, Ch. 747, Stats. 2007. Effective January 1, 2008.
The 2007 amendment added the italicized material, and at the point(s) indicated, deleted the following:

Note: This website is intended for use by those seeking information relating to California driving under the influence matters. Additionally, California laws and legal procedures such as those presented in "BayAreaDUIDefense.com" are constantly changing. Consequently, any statute, law, or procedure may have changed as a result of drunk driving laws, judicial court decisions, or California Department of Motor Vehicles (DMV) license suspension rules, regulations, policies or procedures enacted since similar information was posted on this website. Moreover, the information provided here is not intended to be legal advice and should not be relied upon as such because there is no substitute for consulting with a qualified lawyer. Accordingly, the reader is strongly advised to consult with a qualified attorney and anyone with a legal problem should immediately obtain legal representation and advice from a California DUI defense attorney or criminal defense lawyer with extensive experience handling California DUI Defense cases who is aware of the facts specific to a particular DUI case.

The Law Office of Robert Tayac assumes no liability whatsoever for any use of "BayAreaDUIDefense.com" as it is provided for informational purposes only and is not intended to be legal advice from this office or from any attorney working for this firm. Rather, the information contained in this website is intended to be a starting point for further, subsequent discussions between a reader having a specific legal problem and a qualified California DUI attorney. All readers are informed that no lawyer-client relationship is intended nor formed by any use of this website and all readers are advised, in line with the Rules of the State Bar of California, that the only way to form an attorney-client relationship with The Law Office of Robert Tayac is to sign a legal services agreement, abide by its terms and receive a legal services agreement signed by an designated representative of the firm.