The answer will depend on the reason for the underlying suspension or revocation.
When you turned 16, you were likely eager to take your driver’s license and get your California driver’s license. In California and across the country, a valid driver’s license is required in order to legally drive. As you are probably aware, these licenses expire after a period of time, and must be renewed in order to keep them current.
A California driver’s license can also be suspended or revoked for a number of reasons. As an Orange County DUI defense attorney can explain, a court or the California Department of Motor Vehicles (DMV) can suspend or revoke a driver’s license if they are arrested for or convicted of driving under the influence (DUI), if they fail to appear in court, or if they get too many points on their driving record for traffic or moving offenses. There are various other reasons that a California driver’s license might be suspended, including failure to pay child support.
Driving without a valid driver’s license is illegal, no matter what the reason may be —whether it is expired, suspended or revoked. If your license is not valid, or if you have never had a valid California driver’s license (because you are a teenager who has never had a license or because you are not a U.S. citizen and have not taken the steps to obtain a license), you cannot legally drive in California.
So what happens if you are arrested for driving under the influence and you don’t have a valid driver’s license? According to an experienced an Orange County DUI defense attorney, driving under the influence and driving without a valid license are two separate crimes. However, you can commit both at the same time. This is a relatively common occurrence — and will require the assistance of a knowledgable Orange County DUI defense attorney to help navigate the legal process and obtain the best possible outcome.
The penalties for getting a DUI without a valid license will vary depending on the facts of the case, including:
- If your license was suspended or revoked for a DUI;
- Your blood alcohol concentration (BAC) at the time of arrest;
- If you are on probation or parole;
- Your immigration status;
- If there was another basis for you not having a valid license; and
- Your criminal record.
As an initial matter, you could face up to 6 months in jail, fines of between $300 and $1,000 and 1 to 3 years of probation for driving on a suspended license. If the suspension was due to a DUI, the penalties are increased, with a minimum of 10 days in jail, 1 to 5 years of probation, and the court may order the installation of an ignition interlock device (IID) in your car.
In addition, you will be facing the standard DUI penalties, including a license suspension, potential jail time, mandatory alcohol education classes, community service, fines, and/or probation. The consequences for a DUI will increase for each subsequent DUI, and based on the severity of the offense.
If you have been charged with a DUI while driving without a valid license, it may be more difficult to obtain a favorable deal, as courts and prosecutors are less likely to be lenient with defendant in these situations. That makes it all the more important to hire a seasoned Orange County DUI defense attorney to help you negotiate an agreement or aggressively defend you in court.
Attorney Dan E. Chambers of the Chambers Law Firm has experience as both a prosecutor and a private defense attorney. He knows how the system works, and stands ready to put his knowledge to work for you. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
