DRIVING ON SUSPENDED LICENSE

As in every other state, it is against the law to drive in California when your driver’s license has been suspended or revoked.  Driving on a suspended license is a criminal charge and one that can result in your arrest and incarceration.  You may even have to post bail prior to being released.  In addition, if caught driving on a suspended license, your vehicle may be impounded for up to 30 days.  If convicted, the court may impose up to a six-month jail sentence.  If you are caught driving on a suspended license which was the result of a drunk-driving arrest and/or conviction, then you are facing even greater consequences. 

Reasons for a License Suspension

There are a number of reasons for the California Department of Motor Vehicles (DMV) to suspend or revoke your driver's license.  Some of the more common ones are:

• No insurance -- California law requires that all vehicles be covered by insurance.  If a vehicle is not insured and the vehicle is involved in an accident, the driver’s license will be suspended for up to four years.  
• Failure to report an accident -- California law requires drivers who are involved in an accident to file a Report of Traffic Accident from within ten (10) days if property damage exceeds $750, if anyone is injured or if anyone was killed.  If a driver fails to file the report within this ten-day period, the DMV will suspend the driver’s license.
• Excessive points on a driving record -- The DMV maintains records of every California driver’s traffic convictions.  Points are assigned for different types of infractions.  The DMV will suspend or revoke the driving privileges of those who get too many points on their records.
• Failure to appear -- Whenever drivers are issued traffic tickets they are asked to sign them.  In doing so, they promise to pay the ticket and/or appear in court, as applicable.  If a driver fails to appear in court, the court will notify the DMV and the driver’s license may be suspended.
• Failure to take a chemical test -- California's Implied Consent law states that if a driver refuses to submit to chemical testing upon the request of a police officer, said driver’s driving privileges are to be suspended for one year. 
• DUI conviction -- If one is arrested for driving under the influence (DUI), the DMV can suspend driving privileges for six months for a first offense.  If arrested for a subsequent DUI offense, the DMV may suspend one’s license for two to four years, or possibly revoke one’s driving privileges altogether.
• Underage drinking -- California has a zero-tolerance law when it comes to drivers under 21 years of age who are caught drinking and driving.  Even having a BAC of .01% can result in a one-year license suspension.

California laws regarding driver’s license suspension are specific.  Once suspended, you will have to wait out the suspension period and comply with DMV requirements before your driver’s license will be reinstated.  In addition, you will need to pay a $125 reinstatement fee to the California DMV.

Get Help for Driving on Suspended License

Many California drivers do not realize until it is too late that their driving privileges have been suspended or revoked. All too often, drivers will simply pay a traffic ticket or plead guilty to a traffic citation in court, not understanding that by doing so they are racking up points, which can jeopardize their driver’s license.  Fortunately, there are defenses against license suspension. 

At the Orange County Criminal Defense Group, we have helped a number of clients avoid license suspension, including those charged with driving under the influence (DUI).  We offer free Orange County criminal defense case reviews.  Contact us today to find out how we can help you!