If the State of California has suspended or revoked your driver’s license, don’t take the risk of driving.
A license suspension is a common consequence of a DUI conviction in California. If you drive knowing that your license has been suspended, you could face additional consequences. That’s why any experienced Upland DUI attorney would advise you against driving with a suspended license.
Driving With A Suspended License: A Misdemeanor Charge
Driving with a suspended license is a misdemeanor charge under California law. To prove the case, the prosecutor must prove two separate elements: that you drove a vehicle while your license was either suspended or revoked, and that you knew that your driver’s license was suspended or revoked.
It is relatively easy for a prosecutor to prove that your license was suspended or revoked. It can be more challenging for the state to show that you actually knew about the suspension or revocation. Many cases revolve around the knowledge element of the crime: how can the prosecutor prove that you had knowledge of the suspension or revocation?
Under the California Vehicle Code, knowledge is presumed if the state can prove the following three items:
- The DMV mailed you a notice of the suspension or revocation;
- The notice was sent to your most recent legal address (as reported by you to the DMV, the court or a law enforcement agency); and
- The notice was not returned to the DMV as undeliverable or unclaimed.
Note that the prosecutor has to prove all three elements — not just one or two — in order for you to be presumed to have knowledge.
Notice through the mail is not the only way to prove knowledge, however. The Vehicle Code also presumes knowledge if a police officer personally served notice of the suspension or revocation or if a judge informed you of the suspension or revocation at the time that you were sentenced for a DUI or other crime.
Penalties for Driving With A Suspended License
If you are caught driving with a suspended license, you will face legal consequences for this action. The exact penalties will depend on why your license was suspended in the first place, but it could include a fine or a county jail sentence.
If you drive with a suspended license after being convicted for a DUI, for example, you could be sentenced to 10 days to 6 months in county jail and a fine of $300 to $1,000. You may also be required to install an ignition interlock device on your car if you drive on a suspended license after being convicted for a California DUI. This device is like a mini-breathalyzer that prevents you from operating your car until you provide an alcohol-free breath sample.
Importantly, a license suspension or revocation does not end the day that the time limit is up (i.e., one year to the date of the suspension if it was for one year). You will generally have to do something to show that you have complied with the terms of the suspension before being allowed to drive again. Even if you have technically completed the terms of your suspension or revocation, if you do not take these additional steps, you could still be charged with driving on a suspended license. An Upland DUI attorney can assist you with making sure that your driving privileges have been reinstated after a suspension. Depending on why you were suspended, there are certain steps that you must take to have your license reinstated. This may include submitting information or documentation to the DMV or the court to prove that you have complied with all requirements.
If you have been charged with DUI or driving with a suspended license after a DUI, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. We offer free initial consultations and will fight to protect your legal rights!
