DUI arrests occur every day in Orange County. Those convicted of drunk driving typically receive penalties, which may include the suspension or revocation of the driver's license.
Still, occasionally circumstances occur where those with suspended licenses find themselves behind the wheel and detained once again.
You may wonder what happens when police catch someone driving on a license suspended for a DUI. Here, we explore the process of license suspension and revocation and a defendant’s options.
Our DUI defense lawyers create valuable informational resources for those who need them most. More importantly, we offer proven defense strategies that can help you get the best possible results after a drunk driving arrest.
What Happens to My License After a DUI Arrest in California?
In California, the consequences and procedures following a DUI arrest follow a process involving the California Department of Motor Vehicles (DMV) and Admin per se hearing process.
These steps, including what happens to your license and the criminal court proceedings that follow, happen in quick succession.
- License confiscation and temporary license issuance: After a DUI arrest, the officer will confiscate your driver's license and give you a Notice of Suspension. This notice serves as a temporary license for 30 days.
- DMV notification: The officer will then send your confiscated license along with a report to the DMV. The DMV conducts an administrative review, which includes an examination of the officer's report, the suspension order, and any test results.
- Opportunity for a DMV hearing: You may challenge the impending license suspension by requesting a hearing from the DMV. However, you must request this hearing within 10 days of your arrest. You must speak to a DUI defense attorney before this time runs out to halt the suspension process. If you do not request a hearing within this time, or if the DMV rules against you, it will suspend your license after 30 days.
- Criminal court proceedings: Alongside the DMV process, you will also face criminal charges in court. If the court convicts you of a DUI, it will notify the DMV, which will impose another suspension or revocation because of the conviction.
- License reinstatement: After the suspension period ends, you may apply to reinstate your driving privileges. This process typically involves providing proof of financial responsibility, also known as SR-22 insurance, and possibly installing an Ignition Interlock Device (IID) in your vehicle.
We understand that for many, getting your life back after a DUI arrest is not as simple and straightforward as waiting to apply for reinstatement. For various reasons, you might find yourself facing additional penalties if you drive a motor vehicle on a suspended or revoked license after a DUI conviction. In that instance, reach out to an experienced DUI defense attorney to learn about your legal options and rights.
What Is the Penalty for Driving on a Suspended License?
California Vehicle Code 14601.2 makes driving with a suspended license a crime. If your license was suspended due to a DUI conviction, and police catch you driving during this suspension period, you will face severe legal repercussions.
On a first conviction for this offense, the penalties can include imprisonment in county jail for between 10 days and six months and a fine between $300 and $1,000. On subsequent convictions within five years, the penalties increase significantly. You may face imprisonment for a period ranging from 30 days to one year and a fine between $500 and $2,000.
Aggravating factors, such as reckless driving or bodily injury, may result in more severe penalties, including jail sentences. In addition to these penalties, the court may impound your vehicle for up to 30 days on a first conviction and up to 90 days on subsequent convictions.
Suspended License Convictions and Immigration
For non-citizens, driving on a suspended license should not affect their Visa or immigration status. However, this highly complex area of law may involve several extenuating factors. A skilled attorney can explain any other potential consequences that you might face as an undocumented or foreign national individual.
The Defense Strategies
At Chudnovsky Law, our experienced Orange County DUI lawyers understand the complexities of DUI and suspended license charges. We believe that everyone deserves a fair defense.
Here are some of the most effective defense strategies we use to fight these charges:
- Lack of knowledge of suspension: The prosecution must prove you knew about the license suspension. If the California DMV or the court did not properly notify you of the suspension, we can build a strong defense. We can examine the paperwork and procedures to ensure nobody violated your rights.
- Improper traffic stop or arrest: In California, law enforcement needs suspicion to initiate a traffic stop. We can work to suppress any evidence gathered from an unlawful traffic stop or subsequent arrest, which can often lead to a dismissal of charges. Our team can investigate your arrest to identify any potential violations.
- Errors in chemical tests: Police must administer chemical tests for blood alcohol concentration (BAC) under strict protocols. Our lawyers can scrutinize the testing procedure to identify any potential errors, including improperly administered tests or results from improperly calibrated equipment.
- Emergency necessity: If you drove out of emergency necessity, such as to escape immediate danger, this may serve as a defense. However, this defense requires substantial evidence to prove that no other reasonable alternative was available.
- Post-conviction relief: If your initial DUI conviction was unjust, we may challenge it. This could invalidate the subsequent driving on a suspended license charge. Our attorneys have experience examining past DUI offense charges and identifying potential errors or violations of rights.
Every case is unique, and the success of a defense strategy will depend on the specific facts and circumstances of your case. At Chudnovsky Law, we provide personalized legal representation, taking the time to understand your situation and devise a tailored defense strategy.
Frequently Asked Questions About Getting a DUI Suspended License in Orange County
What is the difference between a suspended license and a revoked license?
A suspended license is temporarily out of service. You cannot use it for the duration of the suspension period, but you can get it back afterward. On the other hand, the state permanently cancels a revoked license. To get your driving privileges back after a revocation, you must apply to the DMV for a new license and go through the state's licensing process.
What is an Ignition Interlock Device (IID)?
An IID is a device similar to a Breathalyzer installed in a vehicle. The device requires the driver to provide a breath sample. If the IID detects alcohol on the driver's breath, the engine will not start. The state may require the installation of an ignition interlock device (IID) in your vehicle for a specified period following a DUI suspended license offense.
What should I do if I'm pulled over, and I'm driving on a suspended license?
If the police pull you over while driving on a suspended license, stay calm and cooperate with the officer. Do not provide any information beyond your basic identification without a lawyer present. After the incident, contact a criminal defense attorney as soon as possible.
Can a lawyer help me get my driving privileges back?
Yes, a lawyer can take the necessary steps to regain your driving privileges. This could involve challenging the original DUI conviction, demonstrating to the court that you met all the requirements for reinstatement, or representing you in hearings related to your suspension.
How can I avoid a license suspension after a DUI?
The best way to avoid a license suspension after a DUI is to contest the DUI charge itself. A skilled DUI defense attorney can identify weaknesses in the prosecution's case, challenge the evidence, and fight to reduce or dismiss the charges.
What are the long-term consequences of driving on a suspended license?
A conviction for driving on a suspended license can leave a significant impact on your life. It can lead to jail time, fines, and extended license suspension. Additionally, it can result in higher insurance rates and even affect your employment opportunities, particularly if driving is a part of your job.
Chudnovsky Law is Your Powerful Defense Advocate
Driving while your license is suspended for a DUI is a serious crime in California, with significant penalties. However, a charge does not equal a conviction. The right legal representation can mount a robust defense to protect your rights and mitigate the potential consequences.
At Chudnovsky Law, our seasoned Orange County DUI lawyers have a profound understanding of the complexities of DUI and suspended license cases. Our knowledgeable team includes former prosecutors and experienced trial lawyers with decades of experience navigating the justice system. We use every tool at our disposal to explore possible strategies, ensuring our clients receive a vigorous and fair defense.
If you or a loved one face charges of driving with a suspended license due to a DUI, we invite you to contact us. Our team will take the time to understand your situation, explain your legal options, and develop a strategic defense plan tailored to your specific circumstances.
Regardless of the charges you face, you have rights and options. By seeking professional legal counsel, you can better understand these options and make informed decisions about your case.
Remember, "innocent until proven guilty" is not just a phrase but a fundamental principle of the American justice system. At Chudnovsky Law, we firmly believe in this principle, and we strive to treat every client with the respect and fairness they deserve.
Contact us today for your free, confidential consultation, and let us fight for your rights and your future.