On January 1, 2012, San Diego DUI criminal defense lawyers who represent
people with a third DUI conviction must deal with the new statutory
possibility of a ten year revocation of their California driver’s license.
California Vehicle Code Section 23597 presently reads:
23597. (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.
(2) The period of time that has elapsed since the person’s
(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 certified ignition interlock
device in each motor vehicle that he or she owns or 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
(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violation of Section 23152 or 23153, a person whose license was
revoked pursuant to subdivision (a) may apply to the department to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 (h) of
Section 13386 and agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575. Notwithstanding
Chapter 5 (commencing with Section 23700) or subdivision (f) of
Section 23575, 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
(A) The person was not convicted of any drug- or alcohol-related
offenses, under state law, during the driver’s license revocation
(B) The person successfully completed a
driving-under-the-influence program, licensed pursuant to Section
11836 of the Health and Safety Code, following the date of the last
conviction of a violation of Section 23152 or 23153.
(C) The person was not convicted of violating Section 14601,
14601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license
(3) The department shall immediately terminate the restriction
issued pursuant to this section and 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.
(d) This section shall become operative on January 1, 2012.