DUI with a Suspended License

A DUI with a Suspended License case can be especially serious. The law has harsh punishment for drunk drivers, and a DUI with a Suspended License case can be dealt with more punishment under the law than just a DUI, or just a driving on a suspended license case.

What is the law regarding a DUI with a Suspended License?

The law recognizes DUI and a suspended license violation as two separate crimes. When charges are filed, they usually would be filed as two separate charges in one criminal case.

For a DUI, Vehicle Code 23152 VC makes driving under the influence of alcohol, drugs (including prescription drugs and illegal narcotics), or any combination of those substances, to be illegal.

For a suspended license, Vehicle Code 14601 VC requires that persons not drive unless they have a valid license, and says that they cannot drive if their license has been suspended for any reason.

What must be proven for a DUI with a Suspended License case?

At trial, the prosecutor would both have to prove a DUI, which means they must prove that you were:

Operating (driving)
A motor vehicle;
While under the influence (impaired by) alcohol, or drugs, or both; and/or
You were above a .08% alcohol level at the time of driving.

The prosecutor also has to prove the suspended license case, and the instructions at trial state that the following must be proven, beyond a reasonable doubt:

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant drove a motor vehicle while (his/her) driver’s license was (suspended/ [or] revoked) [for <insert basis for suspension or revocation>];

AND

2. When the defendant drove, (he/she) knew that (his/her) driver’s license was (suspended/ [or] revoked).

How do they prove what you knew? The instruction states that:

“If the People prove that:

1. The California Department of Motor Vehicles mailed a notice to the defendant telling (him/her) that (his/her) driver’s license had been (suspended/ [or] revoked);

2. The notice was sent to the most recent address reported to the department [or any more recent address reported by the person, a court, or a law enforcement agency];

AND

3. The notice was not returned to the department as undeliverable or unclaimed;

then you may, but are not required to, conclude that the defendant knew that (his/her) driver’s license was (suspended/ [or] revoked).” (emphasis added).

What is the punishment for a DUI with a Suspended License?

For a DUI, the standard DUI punishment includes all of the following:

Three years or more probation;
Attendance at a mandatory alcohol school;
Fines and fees totaling around $2,000;
Jail time from zero to 180 days (six months) maximum.

For a suspended license violation, the punishment includes all of the following:

Three years or more probation;
Fines and fees totaling around $2,000;
Jail time from zero to 180 days (six months) maximum.
Two points on your driving record for the violation.

What are the defenses to a DUI with a Suspended License?

Most of the defenses to a suspended license involve knowledge of suspension or showing that you actually had a valid license (for example, an out of state license that was good, or a restricted license after suspension, allowing you to drive). As a result, some defenses are:

You actually had the right to drive;
You were not actually the one driving;
You did not know that your license had been suspended or revoked;
The DMV did not properly notify you that your license was invalid; or
That the original suspension or revocation of your license was invalid.

How can a defense attorney help me with a DUI with a Suspended License case?

Our law firm of top DUI attorneys in Orange County can help you, as we have helped thousands of others, with a successful outcome of your case. We can assert all of your defenses above, and we have had much success in fighting the DUI, and also helping clients get their license reinstated, and then negotiating for a dismissal of the suspended license violation.

Contact us

Contact us if you have questions about a DUI with a suspended license case. We are happy to help you get this case behind you.