A driver’s license gives a qualified driver the privilege to operate a vehicle within that state in California. Without a valid driver’s license, you would be operating a vehicle illegally in the state and could be subject to a criminal conviction. A person who has been driving within the state might lose their driving privilege for several reasons, the main one being a conviction for a DUI-related offense. In this article, we’ll discuss what could happen to you if you continued to drive after losing your driving privilege due to a DUI matter. For more information and legal help, you could contact an experienced criminal attorney.

What Happens When You Drive With a Suspended License After a DUI?

California VC 14601.2(a) makes it a criminal offense to operate a vehicle on a suspended driver’s license after DMV has suspended or revoked the license for driving while intoxicated or causing an injury while driving under the influence.

A driver’s license in California is meant to give you the privilege to operate a vehicle within the state. It is issued by the state’s Department of Motor Vehicles after a driver successfully undergoes training and tests to show that they are fully qualified to operate a vehicle in the state safely. Once DMV revokes or suspends your license, you lose your driving privilege. Only the DMV can give you back your driving privilege by reinstating your suspended license or issuing you another driving permit.

California DMV is quite strict on the conduct of drivers on the road. Safety should be every driver’s priority. That is why drivers found guilty of operating under the influence of drugs or alcohol are severely punished. In addition to criminal penalties, drivers found guilty of DUI lose their driving privileges temporarily or permanently.

The police conduct random checks on motorists from time to time to ensure that drivers are adhering to all set regulations that promote road safety. When the police stop a motorist, the first thing they’ll ask for is your driver’s license. You must produce a valid driver’s license to be allowed to continue operating a vehicle in the state. If you do not have a valid license or use a suspended driver’s license, you could face criminal charges.

However, before you are penalized for driving with a suspended driver’s license, you’ll go through a trial. California law grants everyone the right to defend themselves against criminal charges to ensure a fair trial and punishment. Therefore, the arresting officer will forward the details of your case to a prosecutor, who’ll file charges against you in a criminal court.

How The Prosecutor Will Prove Your Case

The prosecutor must demonstrate all the elements of this offense beyond a reasonable doubt for the court to find you guilty of your charges. These elements are:

  • That you continued to operate a vehicle even after DMV revoked or suspended your driver’s license

  • That you lost your driving privilege after a conviction for driving under the influence or causing an injury while driving under the influence

  • That you committed this offense even after knowing that your driver’s license was revoked or suspended

Note that the court will assume that you knew about the license suspension or revocation if the state DMV sent you a notice of the suspension/revocation through your mail.

When the DMV has sufficient reasons to suspend a driver’s license, they mail you an order of suspension or revocation to alert you that they have begun the process and will soon cause the suspension/revocation to happen. This order bears the reason for the action, the law that permits the DMV to take that action, and the effective date of the suspension/revocation. The law requires you to obey an order like that, meaning that you must not operate a vehicle on the effective date listed on that order.

Once you have received the order, you are entitled to an administrative hearing that could reverse that order. However, you must schedule the hearing within ten days of receiving the order. If the state DMV grants your request, theft might stop the suspension until the conclusion of the hearing. But if you did not schedule a hearing, or the DMV did not stop the suspension awaiting the conclusion of the hearing, you’ll be criminally liable if you continue to drive on a suspended driver’s license.

The prosecutor should prove all this in court to compel the judge to find you guilty as charged. However, you’ll be given a chance to fight your charges to avoid a conviction and its effects.

How You Can Fight Your Charges

As previously mentioned, you’ll go through a trial when you face charges for driving with a revoked or suspended license. Remember that this is a criminal offense like any other. Therefore, you will have a chance to defend yourself against your charges. The guidance and counsel of an experienced criminal attorney will go a long way in making the process smooth for you. Additionally, your attorney will help you plan a solid defense against your charges. Fortunately, several defense strategies are available that your attorney can use in your defense to have your charges dropped. Some of these strategies are:

You Had No Knowledge of the Suspension

You can only be guilty of driving with a suspended driver’s license if you already knew that DMV had suspended your license. If not, a California criminal court will drop your charges and let you go with no further criminal liability.

However, the DMV is cautious in ensuring that motorists whose licenses they have suspended or revoked have received a notification soon enough to avoid grave mistakes like these. During the booking process, the police will ask for your most recent physical address. You have to have the address right because that’s where any communication from the court or DMV will be sent.

If DMV played its part in sending you the notice of suspension or revocation, and you did not receive the mail, an investigation will be conducted to determine what could have happened. Note that this defense will only work if your attorney convinces the court beyond any doubt that you did not receive the mail with the notice of suspension.

You Were Not Driving

Again, you can only face charges for operating on a suspended driver’s license if you were driving in the first place. If the state DMV has suspended your license, it doesn't mean that you cannot sit in your car on the driver’s seat. The prosecutor is required by law to prove that you were indeed caught operating on a suspended license. The judge could not convict you under California VC 14601.2(a) if that didn’t happen.

Again, note that the law only makes it illegal for you to drive on a suspended license on a public road. If you were only driving within your compound or any other private property, you might not be guilty under this law.

You Have No Previous DUI Conviction

You can only be guilty under California VC 14601.2(a) if you have a prior DUI conviction or a conviction for causing an injury while driving under the influence. If you don’t have any prior DUI conviction in your criminal record, there’s no way your driver’s license could have been suspended.

It could be a case of a mistake of facts. For instance, a person who bears the same name as you could have been the one whose driver’s license was suspended for a DUI-related conviction. Your attorney’s job is simple in a case like that. He/she can quickly retrieve the previous conviction records to prove in court that you did not have any prior DUI convictions. If that works, the court will dismiss your charges.

However, it will still be a criminal offense if you were operating on a suspended license after the DMV has suspended your license for other reasons like accumulating too many traffic tickets. This offense is covered under California VC 14601. When you are a habitual traffic offender, a California criminal court could revoke your driver’s license. You cannot continue to drive on that license until the DMV agrees to reinstate your license.

It Was a Necessity

Necessity is a common legal strategy used by the defense team to justify a wrongful act. When you use it, you admit to the criminal act, but content that acting the way you did was necessary to prevent more significant harm. Defendants have the burden of proving this defense and must provide sufficient evidence to support their actions. If successful, the judge will acquit the defendant of their charges entirely.

In your case, you could explain to the court that you were in a state of emergency and only drove to save the situation. For instance, it could be that someone needed urgent medical care, and you were the only one who could drive them to an emergency room.

What Happens If You’re Convicted

Defense doesn't always guarantee that the judge will drop or reduce your charges. Sometimes the prosecutor has sufficient evidence against you to support a conviction. If that happens, let us look at the penalties you are likely to receive.

Driving with a suspended driver’s license after a DUI is generally a misdemeanor offense in California. However, the severity of your punishment will depend on whether it was your first, second, or subsequent conviction for the same or similar violation.

A first-time offender is likely to receive the following penalties upon conviction:

  • A minimum of 10 days and a maximum of six months in jail

  • A maximum fine of $1,000

If you commit the same offense a 2nd time within five years of the first offense, the punishable after conviction could be:

  • A minimum of 30 days and a maximum of one year in jail

  • A maximum fine of $2,000

The judge could send you on summary or misdemeanor probation in place of jail time.

Misdemeanor Probation

Misdemeanor probation is an alternative to time in jail, mainly imposed on misdemeanor cases. The judge opts to release the defendant from incarceration but under the direct supervision of the court, other than the probation officer. The defendant is required to return to the court periodically to submit progress reports and show the court that they have been complying with the terms of their probation.

In most cases, criminal offenders are incarcerated after conviction in California. But depending on the details of your case and your criminal history, the judge may decide to let you go, but with a few conditions. In this case, the judge could send you on probation for a maximum of three years. During this period, the court will monitor your progress to ensure that you abide by the probation conditions set by the judge.

Probation conditions are a significant feature of informal probations. The judge sets them according to the facts of your case. For instance, since your offense is DUI-related, you could be required to install an IID system in your vehicle and any other vehicle you frequently drive.

The IID System

An IID system will ensure that you are not operating a vehicle with even the smallest amount of alcohol in your system. You will be required to blow in the device every time you are about to start your vehicle. If the device detects some alcohol in your breath, the car will not start, and a report on the same will be submitted directly to the court. The system will require you to provide breath samples as you continue to drive. If it detects alcohol from your breath, the vehicle will automatically stop, and a report will be submitted to the court.

Simply put, an IID system ensures that you do not operate a vehicle under the influence of alcohol, at least within the probation period.

Probation Conditions

If the judge feels that you might benefit from DUI-related programs, he/she could order you to attend and complete one during the probation period. Other probation conditions that you could receive include:

  • Not committing any criminal offense or having an issue with the police that could cause your arrest

  • Not leaving town

  • Finding a permanent employment

  • Participating in community work

  • Taking part in individual or group therapy

Note that you cannot violate any probation condition. If that happens, the judge will issue a bench warrant for your arrest. Once you are arrested, you’ll appear in court for a probation violation hearing, whereby your probation could be revoked.

Restricted License

In addition to installing an IID system in your vehicle and any other vehicle, the judge might require you to apply for a restricted license. You will only use this license when necessary, such as attending school, work, or medical appointments or running essential errands.

A restricted license partly gives you back your driving privileges. But you can only use it for a limited period. In most cases, a restricted license is issued after agreeing to install an IID system in all your vehicles. You will also be required to obtain and file SR-22 with the DMV to assume financial responsibility if something wrong happens while driving on a restricted license.

Have Your Conviction Record Expunged

Other than the criminal consequences discussed above, a conviction under this law could change your life in so many ways. For instance, employers are skeptical about hiring people with a criminal record, however insignificant it might be. Thus, the conviction could affect your efforts to find suitable employment.

Fortunately for you, California laws allow convicted people to apply to have their convictions expunged from their criminal records. Expungement involves removing the conviction record and all its effects. Therefore, it is an excellent way to start life afresh.

If you wish to have your conviction record expunged, you’ll petition the court where the conviction occurred. Once the judge receives your petition, he/she will determine your suitability for expungement. You must have completed probation or jail time (whichever is applicable) and must have paid all court fines and fees for the court to grant your request.

Once your request is granted, you will never have to worry about the effects of the conviction. The only time you’ll be required to disclose the sentence is when you're seeking employment in the public sector. The record will not be publicly available and will not affect your efforts to find a job in the private sector.

Find a Reliable Criminal Attorney Near Me

Have you been arrested for operating a vehicle with a suspended license after a DUI in Los Angeles, CA?

It helps to be well-prepared on all possible outcomes so you can fight to have the court drop or reduce your charges. A conviction carries life-changing consequences that you should avoid at all costs. That is why you need the guidance and help of an experienced criminal attorney. At Los Angeles Criminal Attorney, we will be with you from the start to the end of the legal process to make the process smooth for you. Also, we’ll prepare a solid defense against your charges so that the court can drop or reduce your charges. Call us at 424-333-0943, and let’s study the details of your case.