What Happens If You Get Caught Driving With a DUI License Suspension?

It is a crime to drive on a suspended license after a DUI in California. This is because the suspension serves a fundamental purpose: protecting the general public. If the court suspends your DUI license, your driving poses a risk to you and other motorists. Driving is illegal until you address the underlying issues, like taking court-ordered courses, paying fines, and complying with other court-mandated restrictions.

The consequences of driving on a license that was suspended due to a DUI (Driving Under the Influence) offense can be severe. However, an attorney’s help will reduce the impact of the consequences. The information below describes the DUI license suspension offense, the possible penalties if convicted, and the defenses your attorney could use to challenge the charges.

A DUI License Suspension in California

If you receive a notice of your license being suspended because of a DUI arrest, you should challenge that suspension so that you do not lose your right to drive and get in trouble for driving on a suspended license. You must request an Administrative Per Se (APS) hearing from the DMV within 10 days of the notice’s date. If you do not act within this window, your license will automatically be suspended 30 days from the date of the notice.

The APS hearing is your chance to argue against the suspension and show that it is unjustified. The hearing will deal with the following issues:

• Whether the arresting officer had probable cause to believe you were driving while impaired
• Whether the arrest was lawful
• Whether chemical tests were administered correctly, and
• Whether your blood alcohol concentration (BAC) was 0.08% or higher or you had impairing substances in your system

If you challenge the suspension, you can secure a favorable outcome, including setting it aside, delaying it, or having it reduced. It is important to maintain valid driving privileges so that you do not face further legal problems, like being charged with driving on a suspended license. This crime comes with additional legal implications and financial consequences.

The APS hearing differs from the DUI criminal case, yet it plays an essential role in your defense.

If you contest the suspension successfully, you will not lose your ability to drive while having the opportunity to rectify the underlying issues. Furthermore, the evidence and arguments presented at the hearing may benefit your criminal defense matter to lessen or dismiss charges completely.

Driving With a DUI-Suspended License

Once your license is suspended, you will face criminal charges if police officers arrest you for driving on a suspended license. Driving with a suspended license in California, especially one stemming from a DUI conviction, can significantly complicate your efforts to resolve the suspension. This act reduces your ability to prove your compliance with the law and often leads to additional challenges that delay the reinstatement of your driving privileges. Driving with a suspended license shows a disregard for rehabilitation and public safety measures.

When your license is suspended, it serves as an opportunity to address the underlying issues about your DUI. Courts will often impose requirements like taking a DUI education class, going to therapy for substance abuse, or other requirements. These steps will help you regain your driving privileges. If you decide to drive when your license is suspended, it shows noncompliance. This can delay the process and affect how courts and the DMV view your case.

If you drive on a suspended license, you lose your chance to apply for a restricted license. A restricted license grants limited driving privileges for essential activities like work, school, and doctor’s appointments. When you apply for a restricted license, you can maintain a sense of normalcy to a certain extent during your suspension period. Moreover, applying for a restricted license shows the court that you are committed to following the process legally. Choosing this legal solution is responsible for rebuilding your standing before the courts.

Driving on a suspended license creates long-term complications beyond the immediate situation. A conviction for this offense will go on your record, affecting your personal and professional life. It might make securing a job, housing, or anything else that requires a background check difficult. When employers and landlords see a record of noncompliance, they may view it as a lack of responsibility, which makes moving forward and rebuilding after a DUI-related suspension even harder.

When you drive while your license is suspended, especially after a DUI, you show a lack of concern for the safety of other road users. These actions undermine the system designed to discourage careless action on the road. A court or the DMV may see this as a sign that you are unwilling to abide by the law. Your actions could hurt your ability to have your license reinstated.

The constructive approach is to remedy the suspension by fulfilling the court-ordered conditions and exploring lawful options, like requesting a restricted license. On the other hand, driving with a suspended license adds unnecessary hurdles to the process.

What Does the Prosecution Have to Prove in a DUI-Suspended License Case?

The prosecution must prove several elements for a jury to find you guilty of driving on a license suspended due to DUI. Vehicle Code 14601.2 sets out these elements. They are:

• License suspension — The prosecution must show that your driver’s license was officially suspended when you committed the alleged offense. Prosecutors must show that a DUI conviction or some other legally related administrative action, like refusing a chemical test, resulted in the suspension. The courts expect prosecutors to present documents from the DMV or the court to confirm the suspension is valid.
• You knew about the suspension — Prosecutors need to show the court that you knew or should have known about the suspension. They establish your knowledge through official notifications, like a DMV notice, court documents, or warning at a prior legal proceeding. Knowing is crucial because it shows intent or a willful disregard for the suspension.
• You were driving a vehicle — The state needs to prove that you were driving a motor vehicle. This includes driving a vehicle and being in physical control of the car. This assertion should be backed up by evidence, including someone seeing you driving or being in control of the vehicle. The state could also introduce a police report or video footage as evidence.
• You were driving on a public road or highway — The prosecution must prove that at the time of the alleged offense, you were operating a motor vehicle on a public street, highway, or other area to which the public has access. This could include a parking lot. It distinguishes your actions from operating a vehicle on private property, which may not be subject to the same rules.
• Your suspension was DUI-related — Prosecutors must show the suspension itself resulted from a DUI conviction or a related charge. It ensures that the case only deals with DUIs and does not involve a general suspension of your license for reasons other than DUI.

Fighting Charges of Driving on a DUI-Suspended License

If you are accused of driving with a license suspended following a DUI conviction, there are defenses you can use to fight the charges. A good legal strategy can affect your case’s outcome and may help reduce the charges or have the charges dismissed. The common defenses are:

1. You Were Not Driving the Vehicle

You may challenge whether your actions meet the requisite definition of driving under California law.

If you just sit in the driver’s seat with the engine off or move the vehicle a short distance without intending to drive on the public road, that would not be driving. The law requires the state to demonstrate intent or lawful control of the vehicle for your actions to amount to driving. You might use this argument to fight the charges if you were not in control of the car in a manner that fits the legal definition.

2. You Did Not Know About the Suspension

You could also argue that you did not know the DMV suspended your license. The burden rests with the prosecution to prove that you were aware of the suspension or ought reasonably to have known of it before getting behind the wheel.

If the DMV or a court failed to notify you properly, most likely because they did not have your address or there was an error in the notification process, it could weaken the case significantly. You must be informed of the suspension in accordance with the law. You may have a strong defense if the prosecution fails in this process.

If you did not receive proper notice, then the prosecution cannot establish that you were aware of the suspension. If this happens, it might be tough to prove the offense, and the judge will likely dismiss the charges.

An experienced attorney can help you gather evidence supporting your claim of not being notified.

3. You Did Not Have a Prior DUI Conviction

Another approach involves questioning the validity of the suspension. The grounds for suspending your license may not apply if there was no prior DUI or if the conviction that caused the suspension was overturned or expunged. If you can prove this, it can hurt the prosecution’s case and undermine the basis for the suspension. Without legal suspension, the prosecution cannot establish the charge of driving with a suspended license.

Negotiating a Plea Deal

Even if the evidence against you is strong, you still have options. An experienced lawyer may negotiate a plea deal for you to have the charges reduced or to secure a more lenient penalty. Accepting a plea deal means pleading guilty to a lesser charge to avoid the harsh penalties of driving with a DUI-suspended license.

Consequences of Driving While Suspended for DUI

Driving with a suspended license has serious consequences that will alter your life. According to Vehicle Code 14601.2, the punishment for this offense seeks to deter repeat behavior of an individual while reinforcing the importance of public safety.

If this is your first offense, you will:

• Go to jail for 5 or 6 months and
• Pay a fine of $300 to $1,000

If you commit a second offense in less than five years, the penalties become harsher, that is:

• You must spend a minimum of five days in jail, which could extend to up to one year in jail
• You can also be fined anywhere from $500 to $2,000

Furthermore, the car you used when you were pulled over could be towed, which adds to your financial and logistical challenges. When you are on probation due to a prior DUI conviction, driving with a suspended license violates your probation and will likely lead to jail time, further complicating your legal situation.

Although this crime is almost always a misdemeanor, repeat offenses or extreme circumstances like multiple DUI-related suspensions can escalate the charge to a felony. If you are convicted of a felony, the consequences are even more severe. You could end up serving extended jail terms and paying higher fines.

Another consequence you also have to consider is installing an ignition interlock (IID). If you are found guilty of driving with a suspended license after a DUI incident, you may be ordered to have an IID installed in your vehicle. Vehicle Code 23573 requires DUI offenders to install a breathalyzer (ignition interlock device) in their vehicle. An IID installed on your car will prevent it from starting unless you pass a breath alcohol test. In short, you cannot drive a vehicle while intoxicated.

Depending on the specifics of your case, you will be ordered to keep the IID for a particular duration, typically 1 to 3 years. The period may be extended if you have previous DUI convictions. Even if you have an exception, like not owning a car, you still cannot drive any vehicle without an IID during the restriction time. You must comply with the IID requirement even if you borrowed or rented a car.

You will bear the cost involved with an IID. If you are the driver of the motor vehicle, you have to pay for the installation, regular maintenance, calibration, and ultimate removal of that device. A conviction can have serious consequences, leading to the accumulation of these costs over time.

Navigating the DUI License Reinstatement Process in California

After being caught driving with a suspended license for a DUI, the path to reinstating your license becomes more complex. The violation results in an extended suspension period, during which you must serve and address all associated legal and administrative requirements before regaining your driving privileges. The reinstatement process involves critical steps once the suspension is complete.

You will need proof that you completed the mandatory programs imposed by the court, receipts for payment of all fines, and an SR-22 that shows you have the necessary insurance. The reinstatement process begins when you contact the DMV to complete forms, present documentation, and pay the required fees. The standard reinstatement fee for a driver’s license is $125, though fees may vary based on your situation.

Additional fees may apply if your case involves complications like court-ordered restrictions or drug-related suspensions. For example, it may cost $15 to add and $20 to remove a court restriction. If your suspension was because of drugs, the costs would be aligned with administrative or reinstatement costs as set by state regulations. People over 21 years of age under administrative per se (APS) suspensions due to a DUI will have to pay a reinstatement fee of $125. On the other hand, people under 21 will have to pay a reinstatement fee of $100. Even if you contest the DUI and win, you must still pay this fee to reinstate your license.

Commercial driver’s license (CDL) holders face additional hurdles. You may need to retake the written and practical tests (road tests) beyond the standard requirements. This may be required if the suspension was lengthy or you were suspended for operating a commercial vehicle. CDL reinstatement fees include the required $125 reinstatement charge plus fees for retesting, which vary based on the commercial driving tests. It is also necessary to follow federal rules, which may involve taking driver education or rehabilitation classes.

A restricted license may offer a lifeline for those facing hardships during suspension. Sometimes, you may qualify for limited driving for work, medical, or other essential purposes. You must meet the qualifications to qualify and maintain or obtain insurance with an SR-22 form. While not guaranteed, applying for a restricted license can help stabilize things while adhering to legal obligations.

Find a Criminal Defense Attorney Near Me

You need an attorney after being pulled over and arrested for driving with a suspended license. A lot is at stake, and having a qualified lawyer to help you might be the best call. An experienced Bakersfield lawyer can help you fight the charges and explore potential defenses that may be available to reduce or eliminate the penalties you are facing. Talk to attorneys at the Koenig Law Office today about your case. We are here to assist you in safeguarding your rights and securing a favorable legal outcome. Call us at 661-793-7222.