Some driving offenses can result in the DMV suspending your driver’s license. The court can suspend your license permanently or temporarily if you drive while intoxicated, without proof of insurance, or fail to pay your fine after an infraction. Your suspension period will depend on the details of your case and your criminal record. Once a suspension is in effect, using the license will be an offense. Driving on a suspended license is a serious offense in California. It can attract a hefty court fine and a lengthy jail term. A criminal conviction could also affect your record significantly. A damaged record will continue to impact your life even after a conviction. The good news is that a competent DUI criminal attorney can use effective legal strategies to secure a fair outcome for your charges.
A Suspended License Explained
In California, qualified motorists are often issued driver’s licenses to operate vehicles on public roads. This privilege is given after the DMV determines that you have trained and acquired the required skills and competence to drive a vehicle safely. However, the DMV can suspend this privilege for many reasons, including after a traffic infraction. The department cannot deprive you of your ability to operate a vehicle, but it can suspend your license. You will not be allowed to operate a vehicle on public roads without a license. License suspension is often temporary because the DMV will reinstate your license after the suspension period is over. A temporary driver’s license suspension can be definite or indefinite. A definite license suspension often lasts for a designated period, like six months or one or two years. The law allows you to petition the DMV to reinstate your suspended driver’s license once the suspension period ends.
On the other hand, an indefinite license suspension is open-ended, with no designated end date. It can last as long as the judge decides. In some situations, the court can suspend your license until you comply with a certain order. For example, your license can be suspended until you pay any child support you owe or all your pending traffic tickets. You have a right to petition the DMV to reinstate your driver’s license once you comply with the order.
If the DMV suspends your driver’s license, you should establish whether it has been permanently terminated or put on hold. This will help you know what to do to ensure you continue operating your vehicle. If the department suspends your driver’s license, you can recover the old one at the end of the suspension period.
Driving On A Suspended License
You receive a notification by mail from the DMV once your license is suspended. The notification will include all information about the suspension, including the period and the reason. If you drive on a suspended driver’s license, the prosecutor must prove that the DMV suspended it and informed you about it.
The offense of driving on a suspended license is covered under Vehicle Code 14601. This Code has all the facts of the violation that the prosecutor must prove for the judge to find you guilty. The elements the prosecutor must prove include:
- You were driving on a public road with a suspended driver’s license
- You were aware or should have reasonably been aware that the DMV had suspended your driver’s license
However, it is hard for the prosecutor to know and prove that you had this knowledge. The prosecutor can prove your case on the following presumption:
- The DMV informed you regarding the suspension by mail
- The information from the DMV was sent to your listed address, and
- The DMV did not receive the notification back, as it would happen if the mail is undeliverable or unclaimed
It will be difficult to argue that you did not receive the information if the address the DMV used to send it to you is your current one. Your charges could be dropped if the DMV did not use your correct address and you were unaware of the suspension.
The Penalties You Can Face For Driving On A Suspended License
You will face misdemeanor charges if you are guilty of driving on a suspended license. However, the penalties you face upon conviction will be based on why the DMV suspended your driver’s license.
Vehicle Code 14601
You will face penalties under VC 14601 if you drive a vehicle on a suspended license and the suspension was caused by negligent, reckless, or incompetent driving. However, the prosecutor must give the reasons why your driver’s license was suspended. The prosecutor must also prove that you knew of the suspension and that you used the suspended license. You can face the following penalties if the judge passes a guilty verdict:
- A fine that does not exceed $1000
- A jail term that does not exceed six months in a county jail, and
- Misdemeanor probation that does not exceed three years
Vehicle Code 14601.2
The court can impose penalties under VC 14601.2 if you drive a car while your license is suspended for a DUI-related offense. The prosecutor must prove that the cause of the suspension was a DUI conviction. He/she must also prove that you knew of the suspension, but you used the license to drive a vehicle on a public road. You can face the following penalties if the jury passes a guilty verdict:
- A fine that does not exceed $1000
- A jail term that does not exceed six months in a county jail, and
- Informal probation that does not exceed three years
The court can also order you to install an ignition interlock device system in all your vehicles. This will allow you to continue driving while on probation. An ignition interlock will prevent you from driving while intoxicated since you must blow into the device before igniting your vehicle.
California VC 14601.3
You will be sentenced under VC 14601.3 if the Department of Motor Vehicles suspends your driver’s license upon classifying you as a habitual traffic offender. However, the prosecutor must prove that you were suspended because you are a habitual traffic offender. You must also have been aware of the suspension. The judge can impose the following penalties if you are guilty of driving on a suspended license under this law:
- A fine that does not exceed $1000
- A jail term that does not exceed one month in a county jail, and
- Informal probation that does not exceed three years
Vehicle Code 14601.5
You can face penalties under VC 14601.5 for driving on a suspended license, and the cause of the suspension was:
- You failed to undergo a chemical test after a DUI pull-over, and
- You had an illegal blood alcohol concentration level
An illegal BAC is anything over 0.08% for a motorist above 21 years or anything above 0.01% for underage motorists. You could face the following penalties upon conviction if the prosecutor shows the cause of your driver’s license suspension:
- A fine that does not exceed $1000
- A jail term that does not exceed six months in a county jail, and
- Misdemeanor probation that does not exceed three years
Extended License Suspension
You will receive an extended suspension of driving privileges if you are found driving during a DUI suspension period. Instead of regaining the license after the initial suspension expires, you will be required to wait for some extra months or years. The court and the DMV view regular unauthorized driving as evidence that you have not learned from the initial DUI violation. As a result, the reinstatement process will be complicated and time-consuming.
Vehicle Impoundment
Police often impound or tow cars driven by suspended motorists. The impound period can last from a few days to several months, depending on the law and prior convictions. Car impoundment creates additional challenges because you must pay towing and storage fees before receiving the car. Your car will even be sold at auction if the fees remain unpaid for a prolonged period. Sometimes, your car can be impounded even if you had been brought from someone else who knowingly permitted you to drive on a suspended license.
Increased Insurance Rates
Your insurance company will consider you a high-risk driver if your license is suspended for a DUI-related offense. The company can increase premiums or cancel coverage altogether if you are found driving unlawfully during the suspension period.
Often, your insurance company will order you to file proof of financial responsibility, popularly called an SR-22 certificate. Maintaining insurance coverage can become extremely expensive after another DUI offense. Sometimes, you can struggle to secure any insurance at all, forcing you into expensive high-risk insurance programs.
Permanent Record
A conviction for operating a car on a suspended license can become part of your permanent criminal record. This record can affect your educational prospects, housing applications, professional licensing, and employment opportunities. Prospective employers often conduct background checks and may hesitate to hire you if you are a habitual traffic offender. Careers involving driving duties can be hard to secure or maintain. Professional licensing boards can also consider you irresponsible.
Immigration Consequences
Repeated DUI-related violations and driving with a suspended license can create immigration complications for a non-citizen driver. A traffic violation alone cannot lead to deportation, but repeated criminal offenses can negatively affect your immigration applications, visa renewals, and naturalization proceedings. Immigration officials will consider repeated disregard for court orders as evidence of bad character. You should consult an immigration attorney immediately if you are facing both criminal and immigration charges.
Ignition Interlock Repercussions
Before regaining your driver’s license, you will be ordered to install an ignition interlock device if your license was suspended for a DUI-related offense. The IID will prevent your car from starting if alcohol is detected in your breath. Operating a car during suspension will delay your eligibility for ignition interlock programs and attract stricter installation requirements. The judge can impose prolonged monitoring periods and more regular reporting requirements. You will face additional criminal charges and penalties if you tamper with or bypass the ignition interlock device.
Employment and Educational Consequences
Losing your driver’s license can significantly affect your education and employment. Most people rely on their cars to commute to work, go to school, and fulfill family responsibilities. You will miss workdays, face job termination, or experience reduced income due to continued suspension periods. A student will find it hard to attend classes or training programs without reliable transportation. Your employer can terminate you if you no longer legally operate company vehicles or travel for work purposes. Additionally, a DUI suspension will permanently affect your career opportunities if your profession requires a commercial driving license.
Civil Liability After An Accident
The legal and financial repercussions can be devastating if your license is suspended and you cause an accident. You will be held accountable for the injuries, lost wages, medical expenses, and property damage. Your insurance company can refuse to cover the damages if you operated the vehicle unlawfully during the suspension period. If this happens, you will be forced to pay huge civil judgments out of pocket. You will also face felony charges and significant prison time if you cause a serious accident involving injuries or fatalities.
Difficulty Reinstating The License
You will be required to complete several legal and administrative steps before reinstating your DUI-suspended license. You will face additional reinstatement requirements if you violate the suspension. Some of the conditions you can face include attending court hearings, installing ignition interlock devices, and completing drug or alcohol treatment. Other conditions can include filing proof of insurance, paying reinstatement fees, and completing DUI education programs. Each additional violation can complicate the process.
Probation Violations
Most DUI defendants are put on probation after conviction. Operating a car with a suspended license can violate the terms of probation and result in additional legal repercussions. A violation of probation can result in additional fines, extended probation, and a jail term.
Find A DUI Criminal Attorney Near Me
DUI is a serious offense that can lead to the suspension of your driver’s license. You can face additional charges if you operate a vehicle while on a DUI license suspension. This is a distinct offense with additional penalties. If you face charges for operating a vehicle while on a DUI license suspension, you should contact a DUI attorney immediately. For reliable legal guidance and representation, contact the San Diego DUI Attorney. Call us at 619-535-7150 to speak to one of our attorneys.
