Under California law, driving under the influence and driving on a suspended license are two separate crimes. However, it’s possible to commit both violations at the same time—and it’s not uncommon. When this happens you could face the full penalties for both a DUI and Driving with a Suspended License. In addition, if you have a previous DUI on your record, you could face penalties for breaking the terms of your probation.
Penalties for Driving with a Suspended License in California
The penalties for driving on a suspended license are established in California Vehicle Code 14601. But the exact penalties depend on why your license was suspended. There are basic penalties, penalties related to a previous reckless driving charge and penalties related to a prior DUI.
The basic penalties for driving on a suspended license are:
- Up to six months in jail
- $300 to $1,000 in fines (plus court assessments)
- One to three years of probation
If the suspension was due to reckless driving, the penalties are the same but there is a minimum of five days in jail.
If the suspension was due to DUI the penalties can be more severe:
- Up to six months in jail, with a minimum of 10 days
- $300 to $1,000 in fines (plus court assessments)
- One to five years of probation
- May be ordered to install an ignition interlock device in your car
These are first time penalties. Driving with a Suspended License is a charge that carries tougher sentences for repeat offenders. If you’ve had prior violations in the last five years, the penalties may rise to include:
- Up to one year in jail
- $500 to $2,000 in fines (plus court assessments)
- The other penalties above, based on the specific charge
The Penalties for DUI in California
In addition to the penalties for driving on a suspended license, you face all the normal penalties associated with DUI. These penalties also get worse with each repeat offense. You should be familiar with the penalties for a first time DUI offense and repeat DUI offenses.
You should also understand how DUI probation works. If you were still on probation for a DUI charge while you incurred your new DUI, your actions are a violation of your probation terms. You could face new penalties in your old case, or be sent back to jail for the previous DUI conviction.
How Los Angeles Courts View DUI on a Suspended License
All of the penalties above, both for Driving with a Suspended License and for DUI itself, have minimum and maximum penalties. If you are convicted, the judge gets to choose how severe the sentence is. They can be very kind or they can be very strict. This depends largely on the circumstances surrounding your case.
Generally, the courts do not look favorably on DUI cases that involve a suspended license. This is doubly true if the reason your license was suspended was a prior DUI. They look at this as a breach of trust. A judge may feel that you are flaunting the law and that your behavior was not just illegal, but disrespectful.
For all these reasons you should not expect mercy from the courts. It’s imperative to fight both your DUI and Driving with a Suspended License charges.
Defenses against Driving with a Suspended License
The laws against Driving with a Suspended License state that you must know your license was suspended. If you didn’t know then you cannot be found guilty. A good DUI lawyer will review the records in your case and see if there is evidence that you were clearly informed of your license suspension. This evidence could include:
- Documentation that the police or court informed you of your suspension
- A letter from the DMV informing you of your suspension, that was sent to the correct address
In the absence of this evidence, your lawyer may be able to make a case that you were unaware of your suspension. Because court records and DMV files are often unclear, this is often an effective defense against Driving with a Suspended License.
Your lawyer should also be highly experienced in DUI cases. The DUI charge is by far the more expensive and serious part of your arrest. In many cases, a good DUI defense lawyer can help you resolve your case positively without ever going to trial.
Don’t face a complicated arrest without legal guidance. Let us connect you with a top Los Angeles DUI lawyer. You will receive a FREE consultation and learn your legal options for your case. Fill out the form to the right or call (310) 896-2724 and get your FREE consultation today.
