What happens if I am caught while driving on a suspended license? What counts as driving on a suspended license? The law against driving on a suspended license is set forth in California Vehicle Code Vehicle section : VC They will do this one of several ways: If the DMV mailed out a suspension notice, and the address they used is your correct address, then you are presumed to have known—even if you never looked at, saw, or opened the notice.
Normally police will give you written notice of your suspension the same day they arrest you for DUI. If there is a record of you being given this notice, the court presumes you knew your license was suspended. How can I defend against a charge of driving on a suspended license? What are the penalties for driving on a suspended license? What do I do? Is DUI manslaughter a felony in California? What are the laws against carrying alcohol in a vehicle in the state of California?
This administrative license suspension program has served as a huge deterrent to drunk driving since its inception. In addition to the immediate driver's license confiscation under the APS program, you may also receive any of the following penalties from the court system:.
The order includes a temporary driver's license that is valid for 30 days from the issue date. If you're under 21 years old, your driver's license may be suspended for 1 year if you are caught with alcohol in your vehicle unless the container is full, sealed, and unopened, and you are accompanied by a parent or other approved person. If you are caught driving with a blood alcohol concentration BAC of 0.
In California, you can apply for a restricted driver's license to use until your permanent license is reinstated, if your suspension was due to:. If your California driver's license was suspended due to a DUI, you may be eligible for a restricted license if:. Notify the program provider that you are applying for a restricted driver's license.
After your mandatory suspension:. If your driver's license was suspended as a result of being in an accident and not having car insurance, you may be eligible for a restricted license to use during your mandatory suspension of 1 year. The procedures for reinstating a driver's license in California vary depending on the reason why it was suspended; some of these reasons are outlined below. You will also need to pay any applicable court fees.
If your driver's license was suspended due to driving while having a mental or physical disorder, you can reinstate it by submitting:. If you were involved in an accident and did not have proof of your insurance, you can have your license reinstated by:.
You may also apply for a restricted California driver's license to use during your suspension period. If you failed to pay a fine or failed to appear in court due to a traffic citation, you can have your CA suspended driver's license reinstated by:.
There are many fees, fines, and costs associated with a driver's license suspension in California:. In addition to these miscellaneous fees, you'll need to pay any additional court costs, fines, and penalties. If you have a commercial driver's license CDL in California, you may receive a suspension if you commit an offense, including:. In addition to state penalties, you may face additional federal penalties and charges. See the California Commercial Driver Handbook for a full list of state penalties and offenses.
Department of Transportation. These are first time penalties. Driving with a Suspended License is a charge that carries tougher sentences for repeat offenders. In addition to the penalties for driving on a suspended license, you face all the normal penalties associated with DUI.
These penalties also get worse with each repeat offense. You should also understand how DUI probation works. If you were still on probation for a DUI charge while you incurred your new DUI, your actions are a violation of your probation terms. You could face new penalties in your old case, or be sent back to jail for the previous DUI conviction. All of the penalties above, both for Driving with a Suspended License and for DUI itself, have minimum and maximum penalties.
If you are convicted, the judge gets to choose how severe the sentence is. They can be very kind or they can be very strict. This depends largely on the circumstances surrounding your case. Driving Under the Influence means you were found to be driving with alcohol or other substances in your system. Here you can find more information about what comes next — court hearings, driver license DL suspensions or revocations, and more. The police officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form along with any driver license taken into possession with a sworn report to DMV.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review. You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
If you are 21 years old or older, took a blood or breath test, or if applicable a urine test, and the results showed a blood alcohol content BAC of 0. If you are under 21 years old, took a preliminary alcohol screening PAS test or other chemical test and results showed a BAC of 0. A request for a restricted license cannot be considered at the DMV hearing. If an officer states this, it means that you did not submit to or complete a blood or breath test after being requested to do so.
As of January , a urine test is no longer available unless:. If you were 21 years or older at the time of arrest and you refused or failed to complete a blood or breath test, or a urine test if applicable :. If you were under 21 years old at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:. The DMV suspension or revocation is an immediate administrative action taken against your driving privilege only.
Any sanctions imposed by DMV under APS are independent of any court-imposed jail sentence, fine, or other criminal penalty imposed when a person is convicted for driving under the influence DUI. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed. The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act.
Only the following issues will be discussed:. Both State and Federal Constitutions provide that no person shall be deprived of property without due process of law.
Due process of law means that you will receive a notice of the action DMV intends to take against your driving privilege and you will be given an opportunity to be heard hearing.
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