Driving on a Suspended License in California

Driving while your license is suspended or revoked can result in a criminal charge in California. However, simply proving that a person’s license was suspended is not always enough. The prosecution generally must also establish that the driver knew about the suspension or revocation.

California has several laws addressing driving with a suspended or revoked license. Which law applies can depend on why the person’s driving privilege was suspended in the first place.

This distinction can be particularly important when the suspension resulted from a DUI.

Is Driving on a Suspended License a Crime in California?

Yes.

California Vehicle Code section 14601 and related statutes prohibit driving a motor vehicle when a person’s driving privilege has been suspended or revoked and the person has knowledge of that suspension or revocation.

Depending on the reason for the suspension and the driver’s prior history, different provisions of the Vehicle Code may apply.

Driving on a suspended license should also be distinguished from simply driving without having a valid license. These are separate offenses with different elements and circumstances.

What Does the Prosecution Have to Prove?

A central issue in a suspended-license case is knowledge.

Generally, the prosecution must establish that:

• You drove a motor vehicle while your driving privilege was suspended or revoked; and
• You knew that your driving privilege had been suspended or revoked.

The knowledge requirement can be an important part of the defense.

The fact that DMV records show a suspension does not necessarily answer every question concerning whether the defendant knew about it.

How Can Prosecutors Prove You Knew Your License Was Suspended?

California law provides circumstances under which knowledge of a suspension or revocation may be presumed.

Evidence may include proof that:

• DMV mailed notice of the suspension or revocation to the driver’s address in accordance with applicable law
• A judge informed the driver of the suspension or revocation in court
• A law enforcement officer personally served the driver with notice
• The driver had previously been cited or otherwise notified concerning the suspended driving privilege

Whether the prosecution can establish knowledge depends on the evidence in the particular case.

For example, issues involving DMV notices, addresses, returned mail, or the circumstances under which notice allegedly occurred may be relevant.

Why Was the Driver’s License Suspended?

The reason for the underlying suspension matters because California does not treat every suspended-license case identically.

A person’s driving privilege can be suspended or revoked for many reasons, including:

• A DUI arrest or conviction
• A chemical-test refusal
• Accumulating excessive points as a negligent operator
• Certain medical or driving-skill issues
• Reckless driving or other qualifying offenses
• Failure to satisfy certain DMV requirements
• Other court- or DMV-ordered actions

The applicable criminal charge and potential consequences should therefore be determined by identifying the exact reason the license was suspended or revoked.

Driving on a License Suspended for DUI

California has a specific provision addressing driving when a person’s license has been suspended or revoked for certain DUI-related reasons.

A DUI-related suspended-license charge can create additional consequences beyond those associated with the original DUI case.

It is important to determine exactly which suspension was in effect when the person was allegedly driving.

For example, a DUI case can involve both an Administrative Per Se action by DMV and a separate suspension or restriction associated with a criminal conviction.

For more information about the difference between the DMV and criminal proceedings, see our guide to California DMV DUI hearings.

What If You Thought the Suspension Was Already Over?

One common source of confusion is assuming that a driver’s license automatically becomes valid as soon as a particular suspension period ends.

That is not always the case.

Depending on the reason for the suspension, restoring driving privileges may require additional steps through DMV.

Those requirements can include:

• Paying applicable DMV reissue or administrative fees
• Providing proof of financial responsibility when required
• Completing or enrolling in a required DUI program
• Satisfying ignition interlock requirements when applicable
• Clearing other outstanding suspensions or holds
• Completing other reinstatement requirements associated with the particular DMV action

A person should confirm that their driving privilege is actually valid before resuming unrestricted driving.

How Can You Check Whether Your License Is Still Suspended?

California DMV maintains a driver’s record showing the status of a person’s driving privilege.

A driver who is uncertain about their license status can request a copy of their DMV driving record.

The record can indicate whether the driving privilege is valid, suspended, or revoked and may identify other actions that must be addressed.

Do not assume that possession of a physical driver’s license means the driving privilege itself is valid.

What If You Have a Restricted License?

A restricted driver’s license allows driving only under the conditions imposed by DMV.

The particular restriction depends on why the license was suspended and the restriction that was granted.

For DUI-related cases, restrictions can involve an ignition interlock device or limitations on when and why the person may drive.

Driving outside the terms of a restriction can create additional legal problems.

Drivers should therefore understand exactly what their restriction permits before driving.

For more information about DUI restrictions, see our guide to a restricted license after a second DUI in California.

What Are the Penalties for Driving on a Suspended License?

Potential penalties depend on the statute charged, why the driving privilege was originally suspended or revoked, and whether the defendant has prior convictions.

Driving on a suspended or revoked license can be charged as a misdemeanor under applicable provisions of the California Vehicle Code.

Possible consequences can include:

• Probation
• Fines and assessments
• Possible jail
• Additional driver’s license consequences
• Additional requirements in DUI-related cases

Repeat offenses can result in more serious consequences.

Rather than relying on a generic penalty range, the specific Vehicle Code section charged and the defendant’s prior record should be reviewed to determine the potential exposure.

Can Your Vehicle Be Impounded?

In some circumstances, driving while a license is suspended or revoked can also result in the vehicle being removed and impounded.

Vehicle impoundment involves rules separate from the criminal charge itself, and the circumstances under which a vehicle may be seized or released depend on the particular situation.

If a vehicle has been impounded, deadlines and procedures may apply to challenging the continued storage or seeking release of the vehicle.

What Are Possible Defenses?

The appropriate defense depends on the circumstances, but issues in a suspended-license case may include:

• Lack of knowledge: Whether the defendant actually knew or can legally be presumed to have known that the license was suspended or revoked.
• Notice problems: Whether DMV or another agency properly provided notice of the suspension.
• License status: Whether the suspension or revocation was actually in effect on the date of the alleged driving.
• Identity: Whether the prosecution can establish that the defendant was the person driving.
• Driving: Whether the evidence establishes that the defendant actually drove the vehicle.
• Restricted privileges: Whether the person’s driving was permitted under a valid restriction.
• Underlying DMV records: Whether the records accurately reflect the driver’s status and the basis for the suspension.

The existence of a suspension in a DMV record does not eliminate the prosecution’s obligation to prove the elements of the charged offense.

How Do You Reinstate a Suspended License?

Reinstatement requirements depend on why the license was suspended or revoked.

There is no single process that applies to every driver.

DMV may require the driver to resolve the underlying reason for the suspension, submit required documents, pay reissue fees, provide proof of insurance or financial responsibility, complete required programs, or satisfy other conditions.

A driver with multiple actions on their record may need to resolve each applicable suspension or hold before full driving privileges can be restored.

For DUI-related suspensions, see our guide to California DUI penalties and driver’s license consequences.

Don’t Drive Until You Know Your License Status

If you believe a suspension period has ended, confirm your actual driving status with DMV before driving.

The expiration of a suspension period and the reinstatement of a driver’s privilege are not necessarily the same thing.

Resolving outstanding DMV requirements before driving can prevent a new criminal charge and additional license problems.

Talk to a Fresno Criminal Defense Attorney

If you have been charged with driving on a suspended or revoked license in Fresno or elsewhere in Central California, the reason for the suspension, the evidence of notice, and your DMV record should be reviewed carefully.

Gregory W. Fox has more than 20 years of experience defending people accused of DUI and other California criminal offenses.

Call the Law Office of Gregory W. Fox at (559) 222-5800 to request a confidential consultation.

You can also learn more about our Fresno criminal defense services and Fresno DUI defense services.