The penalties for driving on a suspended license in California vary depending on the original and underlying reason for the suspension. When the suspension was imposed by the DMV following a conviction for a DUI, the penalties are more severe than in other circumstances. If the suspension was imposed following a DUI conviction, Vehicle Code Section 14601.2 requires a mandatory minimum jail sentence of ten days. For a second offense in five years, the minimum is thirty days. The maximum jail sentence is six months. In addition, the court is also required to impose as a condition of probation that the defendant install in his or her vehicle an ignition interlock device. Driving on a suspended license also leads to two penalty points on the DMV record. This can lead to a six month negligent operator suspension as the original DUI conviction also resulted in two penalty points.
In circumstances where the defendant is able to reinstate his or her privilege to drive prior to the court date for the 14601.2 citation, some judges or prosecutors are willing to accept a plea to a violation of Vehicle Code Section 12500 instead (driving without a valid license). The advantage of this is that there is no mandatory jail time, no IID requirement, and no additional penalty points on the DMV record. In addition, a 12500 VC violation may be an infraction instead of a misdemeanor. For this reason, every effort should be made to reinstate the defendant's privilege to drive prior to the court date.
If you have any questions concerning the penalties and DMV ramifications for driving on a suspended license in California, please contact Los Angeles DUI and DMV lawyers Gold & Witham for a free case evaluation.