If you’re facing DUI charges and your license has been suspended, you’re probably unable to drive to work, the grocery store, and even your DUI attorney’s office. As a result, you may have been arrested for driving on a suspended license in California.
If that’s the case, you’ll need assistance from an experienced lawyer to combat your charges. Fortunately, a Los Angeles DUI lawyer can provide the guidance you need to fight your initial DUI charges and the charges you’re facing for driving with a suspended license.
What Happens if I Am Caught Driving on a Suspended License in California?
Since the DUI license suspension process is complicated and getting a restricted license to drive to work is expensive, many DUI defendants are left with no choice but to drive on a suspended California license. Unfortunately, doing so is illegal, and it can come with severe consequences.
If the police pull you over and find out that your license is suspended when they run your name and information in their system, they can immediately arrest you. You can get arrested for driving on a suspended license even if you would not have been arrested for the initial reason the cops pulled you over for, such as speeding or driving with a broken taillight.
Driving on a suspended license is a criminal offense, and it is never advisable. However, If you have been charged with this offense, there are ways to fight it.
What Counts as Driving on a Suspended License in California?
According to California Vehicle Code § 14601, driving on a suspended license involves operating a vehicle when your driving privileges are suspended or revoked. California law requires that you be aware of your license suspension to count as driving on a suspended license.
In other words, for you to be convicted of this offense, the prosecutor has to prove that you knew your license was suspended. They can prove that you had knowledge of your license suspension by showing:
The DMV Mailed You a Suspension Notice
If the Department of Motor Vehicles (DMV) mailed a notice of your license suspension to your address, you are presumed to have known about the revocation or suspension of your driving privileges. Even if you never opened or saw the notice, you’re legally considered to have knowledge of your suspended license as long as prosecutors can prove the notice was sent to your address.
You Received a Written Notice From the Police
In most cases, local law enforcement will give you written notice of your suspension the same day they arrest you for a DUI. If there is a record of you being given this notice, the court will assume you knew your license was suspended.
How Can I Defend Against a Charge of Driving on a Suspended License?
In California, driving on a suspended license comes with severe penalties. Fortunately, you’ll have the opportunity to defend yourself against the charges you’re facing. That said, you’ll want to hire an experienced attorney to help with your case. With a seasoned lawyer by your side, you’ll have a much better chance at winning your case than if you represent yourself.
The most common defense is to argue that you were not informed of your suspension. For example, if the DMV mailed out the notice but the address on the piece of mail is not your current address, then you were not informed of the license suspension and cannot be convicted.
An alternative defense is to claim that you weren’t driving. This is similar to the no-driving defense for DUI, as it centers around the argument that just because you were in a vehicle does not mean you drove. An attorney can use evidence and strong legal arguments to prove that you weren’t actually driving the vehicle.
What Are the Penalties for Driving on a Suspended License?
If you’re facing charges for driving on a suspended license in California, it’s important that you hire a skilled lawyer. Since the penalties for this offense can be so severe, you’ll want to make sure you have the best defense possible. A knowledgeable attorney can work hard to protect you from the following penalties:
- A jail sentence of 5 days to 6 months and a fine of $300-$1,000 for your first offense
- A jail sentence of 10 days to 1 year and a fine of $500-$2,000 for repeat offenses occurring within five years of a previously suspended license charge
Increased Penalties for DUI Conviction
The consequences mentioned above are the basic penalties for all charges of driving on a suspended license. However, when your license was suspended as part of a DUI conviction, you can face a double penalty because driving also counts as a violation of your probation.
DUI probation lasts 3-5 years, and one requirement is that you do not commit any other crimes during that period. Since VC 14601 is a criminal offense, it violates those terms and opens you up to more serious penalties.
When this happens, in addition to the charges above, your case will be referred to a judge who will most likely impose additional penalties for your probation violation. These penalties may include sending you to jail to serve out any time that was waived in your original sentence.
How To Avoid License Suspension and Revocation in the First Place
Instead of facing penalties for driving on a suspended license in California, it’s much easier to work with an experienced lawyer who can work hard to protect you from license suspension or revocation. If you’ve been arrested for a DUI, you have the option to request a DMV hearing, during which you can argue that you shouldn’t lose your license.
A lawyer can represent you during this hearing and present a compelling argument as to why your license shouldn’t be suspended. An attorney can also take the following actions on your behalf to fight your DUI charges and protect you from life-changing penalties:
- Conduct an in-depth investigation into your DUI incident and arrest
- Examine evidence and build a strong DUI defense strategy
- Challenge the arresting officer’s conduct and the blood alcohol content (BAC) test results
- Negotiate with prosecutors to obtain a plea deal
- Represent you during hearings and other legal proceedings
- Present compelling evidence and legal arguments at trial
- Work tirelessly to get your charges reduced or completely dropped
- Answer any questions you have and guide you through the legal process from start to finish
Learn More About Driving on a Suspended License in California
If you’ve been arrested for a DUI and/or caught while driving on a suspended license in California, you’ll want to take your case seriously and hire an experienced attorney. A lawyer can use their in-depth knowledge and courtroom skills to fight your charges and protect you from severe outcomes.
Contact a Los Angeles DUI lawyer today to schedule a free consultation and learn more about the charges you’re facing and how to address them properly. We’ll be happy to provide the information and resources you need to prevent these charges from negatively impacting your life and livelihood.
