Can I Be Arrested if I Drive While My License Is Suspended for a DUI?
If you are arrested for a DUI, you will be given a temporary driver’s license while your legal case is pending. The California DMV will also require you to schedule an administrative per se (APS) hearing to determine your license’s reinstatement conditions. Once you are convicted of a DUI, whether after a trial or a guilty plea, your driver’s license will be suspended. If you are caught driving during the suspension period, you can be arrested and face further criminal charges.
You Have To Know Your Driver’s License Is Suspended
A California prosecutor trying to secure a conviction for driving with a suspended license after a DUI must prove that you:
- Were driving a car, truck, or other type of vehicle;
- While your driver’s license was suspended or revoked because of a conviction for DUI or DUI causing injury; and,
- You knew your driver’s license was suspended or revoked.
Knowledge of your driving privileges being suspended is assumed so long as the California DMV mailed your notice of suspension. Once your APS hearing is complete, the DMV can suspend your license for up to four months after your first DUI conviction or a year for a second-time DUI. Formally, the DMV must send you an official notice of your suspension, its terms, and its length. But if you can prove they did not send the form on time or that they erred and sent the notice to an incorrect address, you may be able to avoid charges.
You Have To Be Driving for a Suspended License After DUI Arrest
It may seem strange to point out that to be convicted of driving with a suspended or revoked license after a DUI, you have to actually be driving. But the prosecution has the burden to prove that you were not merely a passenger in the vehicle. Additionally, simply being found in a car or truck’s front seat does not mean you were driving. For example, you could be in the car to retrieve an item like a phone charger. This would not count as the driving necessary for a valid arrest.
Punishments for Driving With a Suspended License After DUI
If you are arrested for driving while your license is suspended or revoked after a DUI, you will face misdemeanor charges in California. For a first-time offense, the most severe punishment a judge can order include:
- Up to six months in county jail; and,
- A maximum fine of $1,000.
A second arrest for driving during your license’s suspension after a DUI can lead to the court imposing penalties of:
- Up to a year’s imprisonment in county jail; and,
- A maximum fine of $2,000.
Instead of sending you to jail, the judge also has the option to impose informal, summary probation. You will be required to complete the probation terms without incident or face additional jail time.
If you’ve been charged with driving during a DUI license suspension in Garden Grove, California, you will need an experienced lawyer to defend your rights and your driving privileges. Set up a free consultation with the Chambers Law Firm today by reaching us at 714-760-4088 or info@orangecountyduifirm.com.
