Man giving his driver's license
", by 
Licensed under 
CC BY 2.0

Legal defenses and penalties for driving on a suspended license following a DUI

License suspensions can occur for reasons such as driving under the influence of drugs or alcohol. However, it is possible for one to be falsely convicted for this crime. Regardless of whether or not an individual is guilty of the crime leading to their license suspension, being unable to drive can create serious obstacles in one’s life; however, driving with a suspended license could result in even further consequences. In this article, we will provide the basics of ways crimes under California Vehicle Code 14601.2(a) VC can be defended against as well as possible penalties.

What is the difference between a license suspension and revocation?

A license suspension is less severe than a revocation, in that, it is a set amount of time that one will have gone without driving until their license is restored. A suspension usually results from less severe actions than a revocation. A suspension will typically be given to first-time offenders as opposed to someone who has committed repeated offenses.

Can I drive after my license has been suspended?

Under certain conditions, you may be allowed to drive during the period of your license suspension. If necessary, you can received a hardship license that will permit you to drive only for specific reasons that involve fulfilling a necessary responsibility, such as commuting to work, or transporting someone to the hospital in an emergency. Those convicted of DUIs may also be eligible for a restricted license that will permit driving under the condition that they install an interlock ignition device on their vehicle. 

What are the charges for driving under a suspended license?

For first time offenders, driving under a suspended license would result in up to 6 months in jail and/or as much as $1,000 in fines.

Penalties will increase to up to a year in jail and/or a maximum fine of $2,000 if a second offense is committed within five years of the first offense.

What are possible defenses against these charges?

Three possible defenses for charges under code 14601.2(a) VC are:

  1. No prior DUI/DUI injury convictions – Code 14601.2(a) requires that you were previously charged with either a DUI or an injury caused by a DUI
  2. No knowledge of suspension – If it can be proven that the DMV failed to notify you of your suspension, then you will not be found guilty
  3. You were not driving – Perhaps, for example, you were only waiting in the driver’s seat, but had no intention of driving.

In this article, we explained what the legal consequences of driving with a suspended license are as well as ways you could be defended against such charges. If you or someone you know is currently being tried for crimes under 14601.2(a), please contact us so that we may discuss how you can be defended.

Regardless of the classification of the offense, it is important that you seek the assistance of competent legal counsel to help you best understand your legal defense while identifying an outcome that best minimizes your risk. We here at the H Law Group patiently await your call.

H Law Group Online

Legal Tips straight to your inbox!

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
No spam. Unsubscribe anytime.