Driver’s license suspension is one of the most life-changing consequences accompanying a conviction for driving under the influence in California. The license suspension process is lengthy, and seeking a restricted license to drive to school or work is expensive, making it impossible for some DUI defendants. When you face a driver’s license suspension, it can be challenging to continue with your daily life unless you operate with a suspended license, a criminal offense under California Vehicle Code 14601.2.
Driving with a suspended license is a severe offense. However, you risk facing harsher penalties when you operate with a suspended license due to a DUI. If you have been arrested and charged with violating VC 14601.2, it is crucial to seek legal guidance. Your attorney can help investigate the facts surrounding the situation to help you avoid the harsh consequences that accompany a conviction for this crime.
Driving With a Suspended License after a DUI
Under California Vehicle Code 14601.2, it is a crime to drive a motor vehicle with a license that has been suspended for DUI. In California, driving on a suspended license is one of the most common traffic offenses. Although most traffic violations are infractions, driving with a suspended license is a misdemeanor that could attract severe penalties, including incarceration and probation. Furthermore, you will face an enhanced sentence for driving on a license arrested for DUI.
When a police officer stops your vehicle in traffic and finds that your license is suspended for DUI, you will face an arrest and charges under Vehicle Code 14601.2. Before the court finds you guilty of driving with a suspended license for DUI, the prosecutor must establish the following factors beyond a reasonable doubt:
You Operated a Vehicle when your Driver’s License was Suspended or Revoked
When proving your guilt under VC 14601.2, the prosecutor must prove that you operated a vehicle with suspending or revoked driving privileges. In California, several reasons could prompt the DMV to suspend your license, including reckless driving and driving under the influence of alcohol or drugs. The length of driver’s license suspension varied depending on the circumstances of your case and your criminal history. If the Department of Motor Vehicle suspends or revokes your license, you must not drive until the period of suspension ends.
Also, it is essential to understand that your driving privileges will not be reinstated automatically after the suspension period elapses. You will need to pay reinstatement fees, apply for a new license and complete all the court order and DMV requirements. Therefore, you may still face charges for driving with a suspended license even after the suspension ends. To prove this element, it must be clear that you were the person driving the vehicle at the time of the arrest.
Your Driver’s License was Suspended for DUI or DUI, Causing Injuries.
Although there are numerous reasons for license suspension or revocation under California law, VC 14601.2 addresses license suspension for DUI. Therefore, you will only be guilty under this statute if you operate a motor vehicle while your license is suspended for drunk driving or DUI causing injury. If your license suspension results from other driving offenses, you could be charged under VC 14601.1, which attracts lesser penalties after a conviction.
You Knew that Your Driving Privileges Were Suspended
The prosecutor can only prove your guilt under this statute if they establish your knowledge of the suspended nature of your driving privileges. You could not face a conviction for driving with a suspended license if you did not know that the license was suspended. In California, the Department of Motor Vehicle is responsible for license suspension. If you face charges for DUI, you could suffer a court-imposed and administrative driver’s license suspension.
After a conviction for DUI, license suspension is one of the penalties you face. At the hearing, the court will notify you of the license suspension. If you lose a DMV hearing, the DMV must mail you the notice of suspension. Therefore, the prosecution must provide proof that you received your suspension notice.
You Violated the Restricted License
If you are operating on a restricted license, the prosecution must prove that you violated the terms. After a driver’s license suspension for DUI, some defendants are lucky to obtain a limited license that allows them to operate in specific areas. Most DUI defendants are eligible for a restricted license under the following circumstances:
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You do not have a previous DUI conviction.
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You are above twenty-one years. If you face a conviction for underage DUI in California, the court cannot allow you to operate on a restricted license.
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You did not refuse to take the breath and blood tests in your previous arrest for DUI.
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You are not on probation for an alcohol-related offense.
If you win the DMV hearing but face a court-imposed license suspension, you can apply for the restricted license right away. Before acquiring a limited license, you must file a certificate of financial responsibility and pay the limited license fees. However, if you lost the DMV hearing and suffered an administrative license suspension, you must wait up to thirty days to obtain the restricted license.
Driving on a restricted license has some regulations that you need to follow. If you operate a motor vehicle while in violation of these rules, you can be arrested and charged with driving on a suspended license:
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Driving to and from work.
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Driving for work-related purposes.
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Driving to and from court-imposed programs and counseling.
Also, the DMV may require that you install an ignition interlock device. The IID works to check the alcohol content in your breath before you start your vehicle. If you fail to install the IID device when operating on a restricted license, you could be arrested and charged under VC 14601.2.
As long as you drive on a restricted license, it would be best to match your operations to what is allowed to avoid additional criminal charges. If you are stopped by the police while driving on the restricted license, you need to be careful of your answer about your driving purpose.
Penalties for Violating California Vehicle Code 14601.2
Driving with a suspended license is a severe offense under California law. However, when the suspension of your license was a result of a DUI conviction, you could face harsher penalties. A conviction under Vehicle Code 14601.2 is a misdemeanor that attracts the following legal consequences:
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A jail sentence of up to six months for a first offense and one year for a second offense.
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Fines not exceeding $1000 for a first offense and up to $2,000 for a subsequent offense.
Misdemeanor Probation for Driving on a Suspended License for DUI
Instead of spending time in jail for violating Vehicle Code 14601.2, you may be sentenced to misdemeanor probation. Although probation is a great way to escape incarceration, not all defendants are eligible for this sentence. Informal probation is a program to protect the public and ensure that low-risk offenders are rehabilitated out of jail. Guidance from a competent attorney can increase your chances of receiving the alternative sentence instead of time behind bars.
When you face a conviction for driving with a suspended license after a DUI, your attorney and the prosecutor will agree on probation as part of a plea deal. Sometimes, the judge could grant probation when pronouncing your sentence. Probation is not the best alternative in all cases. Therefore, you can accept or reject the offer depending on the circumstances of your case.
When you receive a probation sentence after a conviction for violating VC 14601.2, the judge could subject you to the following terms and conditions:
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Payment of court fines.
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Participate in group or individual therapy.
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Abstain from alcohol or drugs.
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Avoid criminal activity while on probation.
Probation Violation for Driving With a Suspended License After a DUI
Driving on a suspended license after DUI is considered a violation of DUI probation. If you face a conviction for drunk driving in California, you may be sentenced to probation instead of incarceration in county jail. In addition, you could suffer driver’s license suspension or revocation. One of the terms and conditions that you must obey while on probation is to avoid engaging in criminal activity. Driving with a suspended license after a DUI conviction is a crime and thus considered a violation of probation.
If you violate your DUI probation, you will face an arrest and may need to attend a revocation hearing. When you drive with a suspended license while on probation, you will face charges under California Vehicle Code 14601.2 but still face the consequences of violating probation. However, at the revocation hearing, you have the chance to fight the allegations and avoid the harsh penalties that accompany probation violations.
Even when you are found guilty of driving with a suspended license, your probation will not automatically be revoked. Therefore, it is crucial to seek competent legal guidance when you face accusations of violating DUI probation. By reviewing the evidence presented against you and testifying to your account of the events, you may maintain your probation status.
Unlike other hearings where you need to convince at least one member of the jury not to find you guilty, you have only one shot at convincing the judge that you did not violate probation. In a probation violation hearing, the burden of proof is less for prosecution, and the court will likely find you guilty of the violation.
If the judge finds you guilty of a probation violation for driving with a suspended license, they may consider several factors before deciding your sentence for the violation. The court may check your criminal history and the amount of time you spent on probation before the violation. Depending on the circumstances of your case. A probation revocation hearing may have one of the following outcomes:
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The court may reinstate your probation under the same conditions as earlier ordered by the court.
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The court can reinstate your probation and modify the terms. Some of the modifications may include an increase in the probation period or more strict conditions.
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The judge can revoke your probation and sentence you to serve time in jail.
Revocation of your probation is one of the harshest penalties that accompany probation violation. If you are accused of violating probation for driving with a suspended license, you should contact an experienced defense attorney to help you protect your rights.
Defenses against Vehicle Code 14601.2 Charges
If you are arrested for driving on a suspended license because of DUI, all is not lost. Not all arrests for violation of this statute result in a conviction. With the help of your attorney, you can explore the following defenses against your charges:
Claim That You Did Not Receive Notice of Suspension
Before you face a conviction for driving with a suspended license after a DUI, the prosecution must prove that you knew of the suspension. Therefore, it is a strong defense strategy to claim that the DMV did not notify you about the suspension. If the court or Motor Vehicle department suspends your driving privileges, you will receive a notice of the suspension. Sometimes, you may be notified of a potential license suspension but fail to receive the confirmation of the action. Luckily, there are ways through which you can find out whether your license was suspended after a conviction for DUI.
In California, there are two main ways through which your driver’s license can be suspended for drunk driving:
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Court Imposed Suspension
In most cases, DUI convictions are accompanied by license suspension under California law. The period of court-imposed suspension varied depending on the circumstances of your case and your criminal history. If the court finds you guilty and you are convicted for DUI, the judge will inform you of the license suspension at the hearing.
Also, the court will require that you sign paperwork concerning the sentence. The moments following a conviction for DUI can be very challenging d=for you and your family, and it is easy to lose the paperwork. Since the rules surrounding license suspension are complicated, you may be unsure whether your license is still suspended.
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Administrative Driver’s License Suspension
The California Department of Motor Vehicle handles the administrative license suspension, which happens within thirty days of DUI arrest. The administrative process starts as soon as you face an arrest. The arresting officer will take away your license and offer you a notification to operate within the first thirty days. In California, you have up to ten days after the arrest to contest an administrative license suspension. Unfortunately, the arresting officer may forget to give you notice of a potential suspension. If you fail to request a DMV hearing, your license will be suspended automatically.
If you contest the license suspension at the DMV hearing, you will learn of a suspension depending on your hearing outcome. If you lose the DMV hearing, you will face an administrative license suspension. It is crucial to understand that an administrative license suspension is independent of the court-triggered suspension. Therefore, even when you win the DUI case and escape the license suspension, you must follow up with the Department of Motor Vehicles. If you did not receive notice of your license suspension, you might have a chance to fight charges for driving on a suspended license.
Your License was Not Suspended for Drunk Driving
One of the elements of the crime that the prosecution must establish is that your driver’s license was suspended after a DUI. You will only be convicted under California VC if your suspension fits in the above category. Generally, driving with a suspended license is a criminal offense. However, you risk facing a harsher penalty if you operate a motor vehicle when your license is suspended for drunk driving. This is because California law is strict on individuals who drive while intoxicated. As a defense to your case, you can argue that your license was suspended for other reasons. In this case, you will face lesser charges.
You Were Not Driving
Vehicle Code 14601.2 charges require a prosecutor to prove that you were driving a vehicle with a suspended license. Therefore, if you can prove that another person was driving when the officers stopped you, you may have a chance to fight the charges.
Find a Van Nuys Criminal Defense Attorney Near Me
California law is stringent on individuals who operate motor vehicles while under drug or alcohol influence. Due to the danger that drunk drivers pose to themselves and other road users, a conviction for DUI attracts severe legal penalties, including driver’s license suspension or revocation. When your license is suspended, you cannot operate your vehicle unless you acquire a restricted license. In most cases, a restricted license only allows you to drive to specific areas.
Driving with a suspended license after a conviction for DUI is a criminal offense charged under California Vehicle Code 14601.2. A conviction for violating this statute attracts severe legal penalties that may include incarceration. In addition, if you are sentenced to probation for DUI, driving with a suspended license will count as a probation violation and could attract additional penalties.
Seeking the legal guidance of an attorney from Leah Legal is crucial when you face charges for driving with a suspended license. We serve clients facing criminal charges throughout Van Nuys, CA, to ensure the best outcome in your case. Contact us today at 818-484-1100.