California DUI LAW

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California Vehicle Code VC 13370 - Denial, Suspension, or Revocation of Certificate.

13370. (a) The department shall ( )1 refuse to issue or shall revoke a schoolbus,, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons if any of the following causes apply to the applicant or certificate holder:

  1. Has been convicted of a sex offense as defined in Section 44010 of the Education Code.
  2. Has been convicted, within ( )2 two years, of an offense specified in Section 11361.5 of the Health and Safety Code.
  3. Has failed to meet prescribed training requirements for certificate issuance.
  4. Has failed to meet prescribed testing requirements for certificate issuance.
  5. Has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code, or a serious felony listed in subdivision (c) of Section 1192.7 of the Penal Code. This paragraph shall not be applied to revoke a license that was valid on January 1, 2005, unless the certificate holder is convicted for an offense that is committed on or after that date.

(b) The department may ( )3 refuse to issue or renew, or may suspend or revoke a schoolbus, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons if any of the following causes apply to the applicant or certificate holder:

  1. Has been convicted of a crime specified in Section 44424 of the Education Code within ( )4 seven years. This paragraph does not apply if denial is mandatory.
  2. Has committed an act involving moral turpitude.
  3. Has been convicted of an offense, not specified in this section and other than a sex offense, that is punishable as a felony, within ( )4 seven years.
  4. Has been dismissed as a driver for a cause relating to pupil transportation safety.
  5. Has been convicted, within within ( )4 seven years, of an offense relating to the use, sale, possession, or transportation of narcotics, habit-forming drugs, or dangerous drugs, except as provided in paragraph (3) of subdivision (a).

(c) (1) Reapplication following ( )5 refusal or revocation under paragraph (1), (2), or (3) of subdivision (a) or (b) may be made after a period of not less than one year ( )6 after the effective date of ( )5 refusal or revocation.

(2) Reapplication following ( )5 refusal or revocation under paragraph (4) of subdivision (a) may be made after a period of not less than 45 days ( )6 after the date of the applicant’s third testing failure.

(3) An applicant or holder of a certificate may reapply for a certificate whenever a felony or misdemeanor conviction is reversed or dismissed. A termination of probation and dismissal of charges pursuant to Section 1203.4 of the Penal Code or a dismissal of charges pursuant to Section 1203.4a of the Penal Code is not a dismissal for purposes of this section.

Amended Sec. 59, Ch. 877, Stats. 1998. Effective January 1, 1999.
Amended Sec. 37, Ch. 594, Stats. 2003. Effective January 1, 2004.
Amended Sec. 27, Ch. 615, Stats. 2004. Effective January 1, 2005.
Amended Sec. 2, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

  1. “deny”
  2. “the two years preceding the application date”
  3. “deny, suspend,”
  4. “the seven years preceding the application date”
  5. “denial”
  6. “from”

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California DUI arrests (also known as DWI) trigger two separate cases: the DMV action, where a person's driving privileges hang in the balance, and the court case, where a variety of DUI punishment is available. For anyone charged with drunk driving in California, it is vital to note that persons arrested for DUI have only 10 days from the date of arrest to request a hearing with the DMV. If someone arrested for drunk driving does not request the hearing on time, his or her license will be suspended, automatically, on the 30th day following the arrest. It is critical for anyone charged with a California DUI or other drunk driving offense to obtain the services of a California DUI lawyer that understands the relationship between the court and DMV.

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