Usually, no. Since January 1, 2020, a conviction for drug possession, sale, or most other drug offenses does not, by itself, suspend or delay a California driver’s license. Two narrower rules remain: a court must suspend the license of someone who was 13 to 20 years old when they committed certain alcohol- or drug-related driving offenses, and the DMV must revoke the license of anyone convicted of a felony in which a motor vehicle was used.

What changed in 2020

Senate Bill 485 (Stats. 2019, ch. 505) ended the two rules that used to tie drug convictions to a license. The bill’s comparison with prior law shows what they were:

  • Former Vehicle Code section 13202 let a court suspend a license, or order the DMV to revoke it, for up to three years after a drug conviction “when the use of a motor vehicle was involved in, or incidental to,” the offense. Revocation was required for certain possession and sale offenses that involved a vehicle.
  • The pre-2020 version of section 13202.5 required a one-year suspension for anyone 13 to 20 convicted of an offense under the Health and Safety Code’s controlled substance division, whether or not a car was involved.

Effective January 1, 2020, the bill repealed section 13202, removed the Health and Safety Code drug offenses from section 13202.5, and also repealed sections 13201.5, 13202.4, and 13202.6, which dealt with lewd conduct and prostitution offenses, firearm offenses by minors, and vandalism. The bill does not affect a suspension, delay, or restriction a court ordered before January 1, 2020. It also removed the court’s power to issue a new order for someone convicted before 2020 whose court had not already issued one.

The rule that remains for ages 13 to 20

Under Vehicle Code section 13202.5, for each conviction of a listed offense “committed while the person was under 21 years of age, but 13 years of age or older,” the court must suspend the driving privilege for one year. If the person is not yet licensed, the court must order the DMV to delay the license for one year after the person becomes eligible. Each later qualifying conviction adds another year. A juvenile court finding counts as a conviction for this purpose.

The section applies only to violations involving alcohol or controlled substances under these provisions:

  • Vehicular manslaughter while intoxicated, with or without gross negligence (Penal Code section 191.5), and the vessel manslaughter offenses in Penal Code section 192.5(a) and (b).
  • Reckless driving under Vehicle Code section 23103 when section 23103.5 applies, meaning a reckless driving plea the prosecution accepts as a substitute for a DUI charge (the plea people call a “wet reckless”).
  • Driving under age 21 with a blood alcohol concentration of 0.05 percent or higher (Vehicle Code section 23140).
  • The offenses in the Vehicle Code article that begins with section 23152. That article covers DUI, including driving under the influence of any drug under subdivision (f), and in-vehicle offenses such as having an open container of alcohol or cannabis, or loose cannabis flower, while driving (section 23222) and, for a driver under 21, knowingly driving a vehicle carrying alcohol (section 23224).

No Health and Safety Code possession or sale offense is on the list, so a person convicted only of possessing or selling drugs, with no listed driving offense, is not covered. That is why a drug DUI and a drug possession charge can have different license results for someone under 21: the DUI is on the list, and the possession charge is not.

The court must require the person to surrender any license and must send the DMV a certified abstract of the conviction within 10 days. The person can later petition the court to review the order and allow restricted driving based on a “critical need to drive,” the same showing required for a junior permit. When the order delayed a license rather than suspending one, the court may also modify it on petition if there is no further listed conviction within 12 months after the conviction.

A felony involving a vehicle is different

A separate statute applies at any age. Under Vehicle Code section 13350(a)(2), the DMV must revoke the license of a person convicted of “a felony in the commission of which a motor vehicle is used,” with limited exceptions listed in the statute. The DMV cannot reinstate the license until one year after the revocation and until the person shows proof of financial responsibility. A felony drug conviction can fall under this rule if a vehicle was used to commit the offense.

This is separate from DMV action after a DUI arrest

Section 13202.5 is a court-ordered suspension that follows a conviction. It is not the DMV’s separate administrative action after a DUI arrest. If your case involves a DUI arrest, the drug DUI and license reinstatement pages cover that process.

What this means for your case

If you were 13 to 20 when the offense happened and you face a DUI (including a drug DUI), a wet reckless plea, an underage 0.05 DUI, an in-vehicle alcohol or cannabis offense, or vehicular manslaughter while intoxicated, a conviction brings the one-year suspension, so ask about it before any plea. If the charge is a felony and a car was involved, ask about DMV revocation under section 13350. If you face a drug possession or sale charge with no car involved, the rules on this page do not suspend your license.

The Law Offices of David S. Chesley can review your charges and explain what does and does not put your license at risk. Call (800) 755-5174 to discuss your case.