What Happens When you Drive with a Suspended License After a DUI in San Jose

16 May, 2022

Once your driver’s license is suspended after a DUI conviction, the court sets clear rules that you should refrain from driving until your license is reinstated. However, you may be in a situation where your spouse needs a ride to the doctor, or your child needs to be picked up from school, and you are forced to get behind the wheel regardless of your license suspension. This is a huge risk, and if you are found driving on a suspended license after a DUI conviction, you are likely to face additional and harsher penalties. This blog delves deep into what happens when you drive with a suspended license after a DUI.

The Legal Definition of Driving With a Suspended License For DUI

Under California VC 14601.2(a), it is illegal for anyone to get behind the wheel after their license has been suspended for DUI. However, there are three major elements that a prosecutor needs to prove for you to be convicted under this statute. These elements include:

You operated a car when your driving rights were revoked or suspended
Your driving rights were revoked or suspended after being convicted of DUI or DUI resulting in great bodily injury
You knew or were aware that your privileges had been revoked or suspended, and you were not supposed to get behind the wheel.

Note that once a defendant’s driving license is suspended or revoked, the DMV emails them to notify them of the revocation or suspension.

Proving Knowledge/ Proving that You Were Aware of your Driver’s License Revocation or Suspension

You are presumed to be aware that your license was suspended or revoked if the following statements are true:

California DMV sent you an email notifying you that your license had been revoked or suspended
The email was also sent to other people who you had recently emailed, including any court or a law enforcement agent
The DMV did not receive a notification that the email was unclaimed or undelivered

Additionally, the authorities will assure you were aware that your license had been revoked or suspended if:

The arresting officer confiscated your driving license or notified you that your license was revoked or suspended after a DUI arrest
The judge notified you of your license suspension when you were convicted of DUI

DUI Arrest and License Suspension

Once you are arrested for suspicion of driving under the influence, the arresting officers notify the DMV, and your driving license is scheduled for suspension thirty days following the arrest. You can consent to this suspension by requesting a DMV hearing within ten days. Note that you will still face other DUI penalties in addition to the license suspension.

If you are a first-time offender aged above 21 years and agreed to take the chemical test, your driving license will be suspended for four months. You may also be eligible for a restricted license if you oblige to your license suspension rules for thirty days.

On the other hand, if the driver is below 21 years or refuses to take the chemical test, they will not be eligible for a restricted driving license.

Penalties For Driving With a Revoked or Suspended Driving License

The penalties for driving with a suspended license for DUI increase with the number of convictions. However, this offense is always convicted as a misdemeanor under California law. If you are convicted for the first time, you are likely to face the following:

Maximum fines of $1,000
Six months detainment in county jail.

If you are convicted for the second time within five years following the first conviction, you will likely face the following penalties:

Maximum fines of up to $2,000
One-year detainment in county jail.

The penalties for subsequent offenses include:

Maximum fines of $5,000
Detainment in state prison for two years

You could face harsher penalties if you are caught driving when your license has been suspended for DUI and you have a BAC of 0.02% during your arrest or have any controlled substances in your blood. You could also receive severe penalties for refusing to take the chemical tests while under license suspension. Additionally, your license suspension period will be extended for one year and two years if the license is revoked.

Note that the judge has the right to impose an informal/summary/misdemeanor probation instead of jail time.

How to Reinstate your Driving Privileges

Once your license is revoked or in suspense, you lose your driving rights, and you are not allowed to drive until you can reinstate your driving rights. Even if the suspension has expired and you fail to take the required steps to reinstate your driving privileges, you can still be arrested and face harsher penalties.

Below are the steps you are required to take to have your license reinstated after a DUI conviction:

Complete your license suspension period successfully
Filling with the DMV the proof of financial responsibility(by signing the SR-22 Form)
Completing DUI school
Paying the license reissue fee to the DMV

Legal Defenses For Driving With a Suspended License After a DUI Conviction

You could use various defenses to fight your charges and probably have them reduced or completely dismissed. Some of these defenses include:

You were not aware of the license suspension — This is one of the significant elements that the prosecutor should prove for you to be convicted under VC 14601.2. This means you could have your charges reduced if you can prove that the DMV did not email you about your license suspension and the judge and the arresting officer did not also inform you about the same.
You have not been convicted for DUI before — Agan, you must have had a previous DUI conviction for you to be convicted under this statute. You could have your charges reduced or dismissed to prove that you have never had a DUI conviction before. You could use the help of a criminal defense attorney to prove this.
You were not driving — You are only guilty of this offense if you were physically operating the vehicle. Your charges may be reduced or the case dismissed if you can prove that you were not actually driving the vehicle. For instance, you could have sat in the driver’s seat to relax.
You had a restricted driving license — If you prove that you have a critical need for you to drive your vehicle after your license suspension, you may be issued a restricted driving license that will allow you to drive to a DUI school, school, work, or any other place authorized by the court. You cannot be convicted under this statute if you present your restricted license to the authorities.
Your license revocation or suspension was not valid — sometimes, the license suspension may be invalid if you had been accused falsely or there were errors in the evidence presented.

DMV Hearings

The first step to fighting your license revocation or suspension is requesting a DMV hearing. You must do this within ten days after receiving the notification of your driving license suspension. Under California law, every person is entitled to a hearing with the DMV before their license is revoked or suspended. This is the perfect time and way to avoid a license suspension.

Your license may be suspended if, during the hearing, it is proven that:

The arresting officer stopped and arrested you in a legal manner
You operated a vehicle with a blood alcohol concentration of 0.08% or higher
You refused to take a chemical test

Offenses Related to Driving With a Suspended License for DUI

There are several offenses that are often charged along with or together with VC 14601.2(a). They include:

DUI

California law makes it illegal for a person to drive while intoxicated or under alcohol influence. The law defines “under the influence” as when someone is mentally and physically impaired and is not in the right state to drive a car. In other words, if you are caught operating a vehicle with a blood alcohol concentration of 0.08 percent and above, you will be charged with DUI. The first three convictions for DUI are charged as a misdemeanor, and the penalties include suspension of your driving license, DUI school, fines, misdemeanor probation, and an IID installation in your vehicle.

Driving While on License Suspension Causing Bodily Injury

If you cause bodily injury to someone else when driving on a suspended license, you will be charged under California VC 14601.4. For a first-time conviction, you are likely to face fines of $1,000 and six months of detainment in county jail. If convicted for the second tie within five years from the first conviction, you will face fines of $2,000 and one-year detainment in county jail.

Driving on a Suspended License

Driving with a suspended license for any reason is illegal in California and is always a misdemeanor charge. If you are convicted for the first time, you are likely to face fines of $1,000 and six months of detainment in county jail. A second conviction within five years carries harsher penalties that include fines of $2,000 and one-year detainment in county jail.

Driving Without a License

This offense is related to driving with a suspended license for DUI, but it is a less severe crime under the law. To be charged with this offense, you need not be aware that you do not have a license; you only need to be found without one. A conviction for driving without a license is often charged as a misdemeanor or an infraction. It is charged as an infraction that requires you to pay minimal fines for most first-time offenders. If you are a subsequent offender, you will be charged with a misdemeanor and face fines of $1,000 and six months of detainment in county jail.

Failure to Show Your Driving License

This offense is also a lesser charge compared to driving with a suspended license for DUI. You will be charged with this offense if you drive without possession of a valid driving license or refuse to show a police officer your license upon request. This crime is charged as a misdemeanor, and the penalties include fines of $1,000 and six months of detainment in county jail. Note that you can have your case dismissed if you can present the license later and explain why you did not have it at that particular time.

Frequently Asked Questions About Driving With a Suspended License For DUI

Is a Court Driver’s License Suspension Similar to a DMV Suspension?

NO. A court suspension is different from a DMV suspension for DUI. A court can order your license for DUI, and the DMV can also suspend your driving license after a DUI arrest, but the two have different proceedings. A court suspension occurs if the driver pleads guilty or is found guilty of the DUI charge.

How Long Does a License Suspension for DUI Last?

There are different factors that determine the license suspension. These factors include:

The factors revolving around the case
The actual crime charged
The number of DUI convictions on your criminal history

Below are the most common lengths for license suspension after a DUI conviction:

For a first time offender, the license suspension takes up to six months
For a second time offender, it takes up to one year
A third-time offender gets two years and three years if they refuse to have an ignition interlock device
Up to five years for a felony DUI, and
Six months for a misdemeanor DUI

Is Challenging a Notice of Suspension the Same as Reinstatement?

No. Challenging a notice of suspension is different from reinstatement. After you are arrested for DUI, the police officer will issue you with a notice of suspension; This notification will notify you that the DMV will start the process of suspending your driving license for DUI, and it will automatically happen after 30 days.

You can request a DMV administrative hearing to challenge the suspension. The hearing is held at the DMV office and is conducted by a hearing officer. (The hearing officer is an employee at the DMV office).

What Happens If I do not win the DMV Hearing?

If the DMV suspended your license for a first-time DUI after losing at the DMV hearing, you would be required to wait for some time for you to apply for a restricted license. Here are the steps you should take:

Complete 30 days “strict” license suspension
File your SR-22 form
If you are a first-time offender, you should enroll in a three-month DUI program.
Apply for the restricted license

Note that you cannot be issued a restricted license if you refuse to take a chemical test.

If you are arrested for a second time DUI within ten years from the last conviction, you will face a two-year license suspension. However, you can still be eligible for a restricted license if you were convicted of driving while drunk and not when intoxicated by drugs. However, to apply for a restricted license, you will have to:

Complete a one-year Multiple Conviction program
Wait for twelve months
Install an ignition interlock device on your vehicle and have it inspected after every two months
File an SR-22 form, and
Apply for a restricted license

If your license has been suspended for wet reckless with a Previous DUI, you may still be eligible for a restricted license, but you have to:

Wait for three months from the date of the DMV hearing
Attend DUI school for nine months
Install an IIID and have it inspected every two months
Then apply for a restricted license

I was riding in my friend’s car, and both our licenses had been suspended for DUI when we were stopped by a police officer. Will I be charged?

No. Only your friend can be charged since he was the one driving the car. Remember, one of the key elements of this crime is that you have to be physically driving the car for you to be arrested.

What would happen if I was Unable to Plead Not Guilty?

If you were unable to plead not guilty, the judge might offer you a plea bargain, but you will be pleading guilty if you accept it. For example, the judge may provide you with these plea deals:

A shorter license suspension period
A lesser charge
Probation instead of sentencing and fines

Is it Advisable to Accept the Plea Deals?

In most cases, accepting a plea bargain is always the best option; however, it depends on various factors revolving around the case.

Find a San Jose Criminal Attorney Near Me

If you are facing charges for driving with a suspended license for DUI, it is important to reach out to a skilled criminal defense lawyer for legal help and guidance. Our attorneys at California Criminal Lawyer Group have experience handling license revocations and suspensions in San Jose, CA, and we are standing by, ready to defend you. Call us today at 408-622-0204 for free and confidential consultations.