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Refusal Law

13353.  (a) If a person refuses the officer's request to submit to, or fails to complete, a chemical test or tests pursuant to Section 23612, upon receipt of the officer's sworn statement that the officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23140, 23152, or 23153, and that the person had refused to submit to, or did not complete, the test or tests after being requested by the officer, the department shall do

one of the following:

   (1) Suspend the person's privilege to operate a motor vehicle for a period of one year.

   (2) Revoke the person's privilege to operate a motor vehicle for a period of two years if the refusal occurred within 10 years of either (A) a separate violation of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, that resulted in a conviction, or (B) a suspension or revocation of the person's privilege to operate a motor vehicle pursuant to this section or Section 13353.2 for an offense that occurred on a separate occasion.

   (3) Revoke the person's privilege to operate a motor vehicle for a period of three years if the refusal occurred within 10 years of any of the following:

   (A) Two or more separate violations of Section 23103 as specified  in Section 23103.5, or of Section 23140, 23152, or 23153, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, or any combination thereof, that resulted in convictions.

   (B) Two or more suspensions or revocations of the person's privilege to operate a motor vehicle pursuant to this section or Section 13353.2 for offenses that occurred on separate occasions.

   (C) Any combination of two or more of those convictions or administrative suspensions or revocations.    The officer's sworn statement shall be submitted pursuant to Section 13380 on a form furnished or approved by the department. The suspension or revocation shall not become effective until 30 days after the giving of written notice thereof, or until the end of a stay of the suspension or revocation, as provided for in Section 13558.

   (D) For the purposes of this section, a conviction of an offense in any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in this state, would be a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, is a conviction of that particular section of the Vehicle Code or Penal Code.

   (b) If a person on more than one occasion in separate incidents refuses the officer's request to submit to, or fails to complete, a chemical test or tests pursuant to Section 23612 while driving a motor vehicle, upon the receipt of the officer's sworn statement that the officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23140, 23152, or 23153, the department shall disqualify the person from operating a commercial motor vehicle for the rest of his or her lifetime.

   (c) The notice of the order of suspension or revocation under this section shall be served on the person by a peace officer pursuant to Section 23612. The notice of the order of suspension or revocation shall be on a form provided by the department. If the notice of the order of suspension or revocation has not been served by the peace officer pursuant to Section 23612, the department immediately shall notify the person in writing of the action taken. The peace officer

who serves the notice, or the department, if applicable, also shall provide, if the officer or department, as the case may be, determines that it is necessary to do so, the person with the appropriate non-English notice developed pursuant to subdivision (d) of Section 14100.

   (d) Upon the receipt of the officer's sworn statement, the department shall review the record. For purposes of this section, the scope of the administrative review shall cover all of the following issues:

   (1) Whether the peace officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23140, 23152, or 23153.

   (2) Whether the person was placed under arrest.

   (3) Whether the person refused to submit to, or did not complete, the test or tests after being requested by a peace officer.

   (4) Whether, except for a person described in subdivision (a) of Section 23612 who is incapable of refusing, the person had been told that his or her driving privilege would be suspended or revoked if he or she refused to submit to, or did not complete, the test or tests.

   (e) The person may request an administrative hearing pursuant to Section 13558. Except as provided in subdivision (e) of Section 13558, the request for an administrative hearing does not stay the order of suspension or revocation.

   (f) The suspension or revocation imposed under this section shall run concurrently with any restriction, suspension, or revocation imposed under Section 13352, 13352.4, or 13352.5 that resulted from the same arrest.

 13353.1.  (a) If a person refuses an officer's request to submit to, or fails to complete, a preliminary alcohol screening test pursuant to Section 13388, upon the receipt of the officer's sworn statement, submitted pursuant to Section 13380, that the officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23136, and that the person had refused to submit to, or did not complete, the test after being requested by the officer, the department shall do one of the following:

   (1) Suspend the person's privilege to operate a motor vehicle for a period of one year.

   (2) Revoke the person's privilege to operate a motor vehicle for a period of two years if the refusal occurred within 10 years of either of the following:

   (A) A separate violation of subdivision (a) of Section 23136, that resulted in a finding of a violation, or a separate violation, that resulted in a conviction, of Section 23103, as specified in Section 23103.5, of Section 23140, 23152, or 23153, or of Section 191.5 or  subdivision (a) of Section 192.5 of the Penal Code.

   (B) A suspension or revocation of the person's privilege to operate a motor vehicle if that action was taken pursuant to this section or Section 13353 or 13353.2 for an offense that occurred on a separate occasion.

   (3) Revoke the person's privilege to operate a motor vehicle for a period of three years if the refusal occurred within 10 years of any of the following:

   (A) Two or more separate violations of subdivision (a) of Section 23136, that resulted in findings of violations, or two or more separate violations, that resulted in convictions, of Section 23103, as specified in Section 23103.5, of Section 23140, 23152, or 23153, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, or any combination thereof.

   (B) Two or more suspensions or revocations of the person's privilege to operate a motor vehicle if those actions were taken pursuant to this section, or Section 13353 or 13353.2, for offenses that occurred on separate occasions.

   (C) Any combination of two or more of the convictions or administrative suspensions or revocations described in subparagraph (A) or (B).

   (b) For the purposes of this section, a conviction of an offense in any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, is a conviction of that particular section of the Vehicle

or Penal Code.

(c) The notice of the order of suspension or revocation under this section shall be served on the person by the peace officer pursuant to Section 13388 and shall not become effective until 30 days after the person is served with that notice. The notice of the order of suspension or revocation shall be on a form provided by the department. If the notice of the order of suspension or revocation has not been served by the peace officer pursuant to Section 13388, the department immediately shall notify the person in writing of the action taken. The peace officer who serves the notice, or the department, if applicable, also shall provide, if the officer or department, as the case may be, determines that it is necessary to do so, the person with the appropriate non-English notice developed

pursuant to subdivision (d) of Section 14100.

   (d) Upon the receipt of the officer's sworn statement, the department shall review the record. For the purposes of this section, the scope of the administrative review shall cover all of the following issues:

   (1) Whether the peace officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23136.

   (2) Whether the person was lawfully detained.

   (3) Whether the person refused to submit to, or did not complete, the test after being requested to do so by a peace officer.

   (e) The person may request an administrative hearing pursuant to Section 13558. Except as provided in subdivision (e) of Section 13558, the request for an administrative hearing does not stay the order of suspension or revocation.

 13353.1.  (a) If a person refuses an officer's request to submit to,

or fails to complete, a preliminary alcohol screening test pursuant

to Section 13388 or 13389, upon the receipt of the officer's sworn

statement, submitted pursuant to Section 13380, that the officer had

reasonable cause to believe the person had been driving a motor

vehicle in violation of Section 23136 or 23154, and that the person

had refused to submit to, or did not complete, the test after being

requested by the officer, the department shall do one of the

following:

   (1) Suspend the person's privilege to operate a motor vehicle for

a period of one year.

   (2) Revoke the person's privilege to operate a motor vehicle for a

period of two years if the refusal occurred within 10 years of

either of the following:

   (A) A separate violation of subdivision (a) of Section 23136, that

resulted in a finding of a violation, or a separate violation, that

resulted in a conviction, of Section 23103, as specified in Section

23103.5, of Section 23140, 23152, or 23153, or of Section 191.5 or

subdivision (a) of Section 192.5 of the Penal Code.

   (B) A suspension or revocation of the person's privilege to

operate a motor vehicle if that action was taken pursuant to this

section or Section 13353 or 13353.2 for an offense that occurred on a

separate occasion.

   (3) Revoke the person's privilege to operate a motor vehicle for a

period of three years if the refusal occurred within 10 years of any

of the following:

   (A) Two or more separate violations of subdivision (a) of Section

23136, that resulted in findings of violations, or two or more

separate violations, that resulted in convictions, of Section 23103,

as specified in Section 23103.5, of Section 23140, 23152, or 23153,

or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal

Code, or any combination thereof.

   (B) Two or more suspensions or revocations of the person's

privilege to operate a motor vehicle if those actions were taken

pursuant to this section, or Section 13353 or 13353.2, for offenses

that occurred on separate occasions.

   (C) Any combination of two or more of the convictions or

administrative suspensions or revocations described in subparagraph

(A) or (B).

   (b) For the purposes of this section, a conviction of an offense

in any state, territory, or possession of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, or Canada

that, if committed in this state, would be a violation of Section

23103, as specified in Section 23103.5, or Section 23140, 23152, or

23153, or Section 191.5 or subdivision (a) of Section 192.5 of the

Penal Code, is a conviction of that particular section of the Vehicle

or Penal Code.

   (c) The notice of the order of suspension or revocation under this

section shall be served on the person by the peace officer pursuant

to Section 13388 and shall not become effective until 30 days after

the person is served with that notice. The notice of the order of

suspension or revocation shall be on a form provided by the

department. If the notice of the order of suspension or revocation

has not been served by the peace officer pursuant to Section 13388,

the department immediately shall notify the person in writing of the

action taken. The peace officer who serves the notice, or the

department, if applicable, also shall provide, if the officer or

department, as the case may be, determines that it is necessary to do

so, the person with the appropriate non-English notice developed

pursuant to subdivision (d) of Section 14100.

   (d) Upon the receipt of the officer's sworn statement, the

department shall review the record. For the purposes of this section,

the scope of the administrative review shall cover all of the

following issues:

   (1) Whether the peace officer had reasonable cause to believe the

person had been driving a motor vehicle in violation of Section

23136.

   (2) Whether the person was lawfully detained.

   (3) Whether the person refused to submit to, or did not complete,

the test after being requested to do so by a peace officer.

   (e) The person may request an administrative hearing pursuant to

Section 13558. Except as provided in subdivision (e) of Section

13558, the request for an administrative hearing does not stay the

order of suspension or revocation.