California Vehicle Code 23597 – (a) Notwithstanding Sections 13202.5, 13203, and 13352, a court …
(a) Notwithstanding Sections 13202.5, 13203, and 13352, a court may order a 10-year revocation of the driver‘s license of a person who has been convicted of three or more separate violations of Section 23152 or 23153, the last of which is punishable under Section 23546, 23550, 23550.5, or 23566. When making this order, the court shall consider all of the following:
(1) The person’s level of remorse for the acts.
Terms Used In California Vehicle Code 23597
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
- driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
- motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
- Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
- Statute: A law passed by a legislature.
- traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620
- vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
(2) The period of time that has elapsed since the person’s previous convictions.
(3) The person’s blood-alcohol level at the time of the violation.
(4) The person’s participation in an alcohol treatment program.
(5) The person’s risk to traffic or public safety.
(6) The person’s ability to install a functioning, certified ignition interlock device in each motor vehicle that he or she operates.
(b) Upon receipt of a duly certified abstract of the record of the court showing the court has ordered a 10-year revocation of a driver’s license pursuant to this section, the department shall revoke the person’s driver’s license for 10 years, except as provided in subdivision (c).
(c) (1) Five years from the date of the last conviction of a violation of Section 23152 or 23153, a person whose license was revoked pursuant to subdivision (a) may apply to the department to have his or her privilege to operate a motor vehicle reinstated, subject to the condition that the person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386 and agrees to maintain a functioning, certified ignition interlock device as required under subdivision (f) of Section 23575.3. Notwithstanding Chapter 5 (commencing with Section 23700) or Section 23575.3, the ignition interlock device shall remain on the person’s motor vehicle for two years following the reinstatement of the person’s driving privilege pursuant to this section.
(2) The department shall reinstate the person’s license pursuant to paragraph (1), if the person satisfies all of the following conditions:
(A) The person was not convicted of any drug- or alcohol-related offenses, under state law, during the driver’s license revocation period.
(B) The person successfully completed a driving-under-the-influence program, licensed pursuant to § 11836 of the Health and Safety Code, following the date of the last conviction of a violation of Section 23152 or 23153 of this code.
(C) The person was not convicted of violating Section 14601, 14601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license revocation period.
(3) The department shall immediately revoke the privilege to operate a motor vehicle of a person who attempts to remove, bypass, or tamper with the device, who has the device removed prior to the termination date of the restriction, or who fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. The privilege shall remain revoked for the remaining period of the original revocation and until all reinstatement requirements are met, provided, however, that if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction.
(d) This section shall become operative on January 1, 2019.
(e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date.
(Amended (as added by Stats. 2016, Ch. 783, Sec. 41) by Stats. 2017, Ch. 485, Sec. 30. (SB 611) Effective January 1, 2018. Section operative January 1, 2019, by its own provisions. Repealed as of January 1, 2026, by its own provisions. See later operative version added by Sec. 42 of Stats. 2016, Ch. 783.)