If you were recently arrested for
driving under the influence (DUI) in Orange County and the Department of Motor Vehicles suspends your
driver’s license, it’s absolutely critical that you DO NOT
DRIVE while your license is suspended, because driving on a suspended
license after a DUI is against the law.
Let’s say you took the chemical test and the results came back at
0.10%. You are over the age of 21, and this is your
first DUI offense. Your driver’s license would be suspended for up to four months.
On the other hand, if you are under the age of 21 and you took a preliminary
alcohol screening (PAS) test and your results came back .01% or more,
then your driver’s license would be suspended for one year.
But, how are you supposed to get to work or to your court-ordered DUI classes?
For you to drive legally to and from work, you would have to get a restricted
license. In order to obtain a restricted license, you would have to apply
for it at a local DMV field office.
If you do not obtain a restricted license and you decide to drive to work
anyway and you’re caught, you will face misdemeanor charges for
driving on a suspended license under
Penalties for Driving on a Suspended License After DUI
What if you do not have a restricted license and you drive while your license
is suspended for DUI? What are the penalties for doing that? Under VC
14601.2(a), it’s illegal to drive while your license is suspended
or revoked for DUI
if you had knowledge of the suspension or revocation.
The penalties for driving with a suspended license after a DUI, include:
- 10 days to 6 months in jail
- A fine from $300 to $1,000
“Knowledge” is a key factor when it comes to VC 14601.2(a).
Under VC 14601.2(c), it is conclusively assumed that a DUI defendant had
“knowledge” of a driver’s license suspension or revocation
if mailed notice was given to the defendant by the department.
If for some reason the individual did not receive mailed notice of the
suspension or revocation, and had no knowledge that they weren’t
supposed to drive, it may be a valid defense.
If you are facing DUI charges, or if you have further questions about obtaining
a restricted license, or driving on a suspended license after a DUI, don’t
contact the Law Offices of Virginia L. Landry, Inc. to
discuss your case for free!