Just because a driver went through the driving classes and successfully obtained a driving license does not mean they are perfect. In addition, just because a driver has been driving for a long time does not mean that their driving license cannot be suspended. Different situations can make the California Department of Motor Vehicles suspend your driver’s license. After a license suspension, you could be tempted to continue driving, only to be arrested by the police. In this case, you need the intervention of a competent lawyer to help you navigate the justice system. You could minimize the consequences of driving on a suspended license by working with an experienced lawyer.

Understanding License Suspension In California

In California, the Department of Motor Vehicles (DMV) is responsible for suspending driving licenses under certain circumstances. A license suspension can be suspended by action of DMV or court order. Usually, you will only qualify to resume driving once the suspension is complete and your license reinstatement.

It could be hard to determine whether your license is valid or suspended, especially if you do not receive a license suspension notice from the DMV. You should use the following means to ascertain if your license is valid:

  • Reaching out to the DMV offices physically and paying the $5 fee as required
  • Check on the DMV website at a $2 fee
  • Mailing a complete INF 1125 format at a $5 fee

Reasons That Could Lead To Your Driver’s License Suspension

Several reasons can make your driver's license suspended in California. They include:

  • Refusing to submit to a blood test or a DUI breath test
  • Driving without insurance
  • Reckless driving
  • Unpaid traffic tickets
  • A previous DUI conviction
  • Unpaid child support
  • Being convicted of homicide by vehicle or manslaughter
  • Driving or being in ''actual physical control'' of a car with a blood alcohol concentration (BAC) over the legal limit of 0.08%
  • More than 12 to 24 points on your license in two years
  • Making false statements to police about the motor vehicle
  • Being involved in a car accident or hit-and-run crash causing injury, death, or more than $500 in property damage

Consequences Of Driving With A Suspended License

Especially for those motorists who drive to work, a license suspension could lead to a loss of income. This is why most motorists are tempted to drive on a suspended license. However, driving with a suspended driver's license in California is not just a traffic offense. It is an "aggravated unlicensed operation (AUO)" offense.

You could face severe consequences, including fines and a possible jail term. Therefore, you must ultimately stop driving if your driver's license is suspended.

California Vehicle Code sections 14601 to 14601.5 prohibit any driver from operating a motor vehicle with a suspended driver’s license. The consequences you could face include:

Vehicle Code 14601 (a)

This section makes it a crime for a motorist to drive after a license suspension due to alcohol or drug abuse, physical or mental liability, or being declared incompetent or a negligent driver. The punishment for a first crime is a jail term of five to six months in county jail and probation. The driver could also face a fine of between $300 to $1000 and a penalty assessment. If a motorist faces charges for a second crime, he/she will face a jail term of ten months to one year in county jail and a fine of between $500 to $2000.

Vehicle Code 14601.1 (a)

This section makes it a crime for any driver to operate a vehicle on a suspended license while he/she is aware that DMV has suspended their driver's license. The punishment for the first crime is a jail term that does not exceed 180 days in county jail and probation. The driver could also face a fine of between $300 to $1000 and a penalty assessment. The punishment for the second crime within five years is a jail term of five days to one year in county jail. The driver could also receive a fine of between $500 to $2000 and a penalty assessment.

Vehicle Code 14601.2 (a)

This section prohibits motorists in California from driving a vehicle after a license suspension because of a DUI charge, according to VC 23152 a VC 23153. The motorist must be aware of the suspension to face charges. The punishment for a first crime is a jail term of ten days to six months in county jail and probation. The motorist could also face a fine of between $300 to $1000 and a penalty assessment.

The punishment for a second crime is a jail term of 30 days to one year in county jail and probation. The motorist could also face a fine of $500 to $2000 and a penalty assessment.

Vehicle Code 14601.3 (a)

This section makes it a crime for a driver to accumulate a ''driving record history'' while their driver's license is suspended. The driver could be a ''Habitual Traffic Offender'' if their California driver's license was suspended for 12 months and he/she was charged with or involved in any combination of the following crimes:

  • Three or more accidents where another person was injured and property damage totaled at least $750
  • Two or more driving-associated severe crimes
  • Three or more general moving violations, including speeding

The punishment for the first crime is a jail term that does not exceed 30 days in county jail. The driver could also face a fine that does not exceed $1000 and a penalty assessment. The second or subsequent crime enhances the jail term to 180 days in county jail. The driver could also face a fine that does not exceed $2000 and a penalty assessment. For habitual traffic offenders, there could be a three-year license revocation.

Vehicle Code 14601.4 (a)

It is a crime under this section for any person in California to drive with a suspended driver's license, according to VC 14601.2, and cause injury to someone other than themselves. The punishment for the first crime is a jail term of 10 to 180days in county jail and the installation of IID in the vehicle.

Vehicle Code 14601.5

It is a crime under this section for a driver in California to get behind the wheel after a license suspension because their BAC level is too high or for refusing to submit to sobriety tests. The punishment for the first crime is a jail term that does not exceed 180 days in county jail and probation. The driver could also face a fine of between $300 to $1000 and a penalty assessment.

The punishment for the second crime within five years of a prior offense is a jail term of 10 to180 days in county jail. The driver could also face a fine of $500 to $2000 and a penalty assessment.

Penalty assessment

In California, penalty assessment charges go by several names: administrative assessment, administrative fees, or court fees. These are charges that a motorist must pay to the court if charged with a DUI crime. Usually, all misdemeanor crimes in California, including driving with a suspended license, attract penalty assessment, not just DUI. Penalty assessment is on top of the official criminal fine permitted by California law. 

Penalty assessment funds the services the court offers and the court buildings. Offenses associated with DUI attract additional penalty assessment on top of the regular penalty assessment.

Penalty assessment is also used to fund several programs and services like:

  • Funding programs directly associated with DUI, including deterrent and enforcement programs
  • Processing the offender’s driver’s license suspension
  • Pulling the offender’s criminal record to check if he/she is a repeat offender

Penalty assessment in California started in the mid to late 20th century. The assessments aimed to assist local courts in meeting their budget because of the underfunding from the government and high expenses. However, the main idea behind penalty assessments was to make the offenders pay for the court sessions. Today, this idea has imposed a tremendous financial burden on offenders guilty of non-violent offenses. For example, most DUI offenders owe five to ten times more than the typical fine.

The court imposes penalty assessments under Penal Code 1464 and the government code section 7600. These laws demand that penalty assessment be set on every penalty, fine, or forfeiture. The statutes also require that the courts collect the assessment for criminal offenses, including all crimes involving vehicle code violations.

Car Impounding

According to the Vehicle Code 14602.6 of California law, if you operate the vehicle with a suspended license, the car could be impounded. The police officer can issue an impoundment notice of your vehicle, and the car will be towed away immediately. This could apply to all vehicles, including buses, passenger vehicles, motorcycles, trucks, and vehicles that have been leased, rented, or offered to you for work.

When you lend your vehicle to a family member or a friend, you should ensure that whoever is driving has a valid driver's license. If you are not sure, you can find out by getting a driver's record, also known as an abstract, or checking a driver's license status online for free.

The police can impound your vehicle even if the suspended license is from another country or state. For example, the police could confiscate the vehicle immediately after arresting the driver. They could also seize the vehicle without arresting the driver if the car is involved in an accident and the driver is not the owner.

The impounding agency notifies the vehicle's legal owner within two days. If the agency fails to do so, their failure bars them from charging for impoundment exceeding 15 days. The vehicle's legal owner is liable for storage and towing fees and has a chance for a hearing to challenge the impoundment. The impounding agency could release the car before the expiry of 30 days after meeting certain terms.

At times, the reason for your driver's license suspension will determine how long your vehicle will remain impounded. For example, if your driver's license were suspended for criminal code convictions like impaired driving or fleeing an accident scene, impoundment would take 45 days. If your driver's license suspension were for street racing or stunt driving, impoundment would take 14 days. Other Highway Traffic Act crimes like refusing a police officer's demand for alcohol or drug testing or recording a blood alcohol content of 0.08% or higher could lead to impoundment of seven days.

Appealing An Impoundment

The legal owner of the impounded vehicle can appeal for a refund of the storage and towing fees if:

  • The impoundment of the car would result in exceptional hardship
  • The vehicle was stolen at the time it was impounded
  • The car owner or plate holder observed all reasonable care, including checking the driver’s history with the Ministry of Transport to ensure the driver held a valid driver’s license. It should also be evident that the owner ensured that the driver was not subject to an ignition interlock installation requirement due to a criminal code conviction.

However, only criminal code suspensions like 45-day impoundments are eligible for appeal.

Vehicle Forfeiture

If you drive a vehicle with a suspended driver's license, the car could be subject to forfeiture as a nuisance. This could happen if you own the vehicle and have a previous charge for driving with a suspended license, according to Vehicle Codes 14602.6 and 14607.6. The law in California also allows the police to seize property used to carry out a criminal offense. Law enforcement officers can seize your vehicle and commence a forfeiture proceeding immediately or afterward. In case the state prevails, your vehicle will be forfeited to the state and sold at an auction. You could lose your vehicle without reimbursement. The police can take away your car if you drive with a suspended license, even if the suspension comes from another state.

The Process Of Forfeiture

If you commit the crime of driving with a suspended license on California roads several times, the police could forfeit the vehicle. The law allows law enforcement officers to seize the car and sell it. In some cases where another person other than the owner was driving the car, the vehicle could be taken and sold despite the owner's objection. Many vehicle owners in California often become aware of their predicament when they try to pay administrative towing charges to the police and are informed that their vehicle cannot be released.

Typically, the department of police that seizes your vehicle often takes it to the custody of the county Sheriff within one week or two. However, depending on the department, the process can take longer. The Sheriff will later inform interested individuals with a registered ownership interest in the vehicle about the seizure. The state's attorney will also be involved in initiating the forfeiture process.

Generally, no person in California owns a vehicle unless he/she has a registered title. The Sheriff will only inform individuals whose vehicles are registered with the State Secretary. The notice of seizure will be sent through the mail, particularly to the address on file with the state secretary. The owner cannot receive this critical notice if the address is not current.

Types Of License Suspensions In California

You could face two types of license suspensions in California:

Indefinite Suspension

This is where your driver’s license is suspended indefinitely until further action is taken to reinstate your license. For example, if a motorist in California gets involved in an accident that causes property damage exceeding $1,000, he/she must report to the Department of Motor Vehicle Accident (form MV 104) within ten days of the crash. The DMV can suspend the driver’s license indefinitely if he/she fails to do so.

All the United States states impose indefinite license suspensions for child support violators. However, different states have different criteria for the amount of child support owed before suspending the driver's license and the period of delinquency. For example, if the non-custodial parent does not remit an amount equivalent to four months of child support in California, then their driver's license will be suspended.

Definite Suspension

This is a time-based suspension that the DMV issues. For example, in California, after accumulating three speeding tickets or more than 12 points on your license in two years, then your license will be suspended. The two years will start from the date of the first violation but not the date of pleading guilty. If the driver takes a defensive driving course, he/she can bring the points down by four points, sometimes preventing a license suspension. It can also reduce the driver's insurance premium rates by 10%.

Find A Los Angeles Criminal Defense Lawyer Near Me

It can be pretty frustrating when the California Department of Motor Vehicle suspends your driver's license. The situation worsens when you drive on a suspended license and the police arrest you. However, you have a right under the law to contest your driver's license suspension within 10 to 14 days, as the DMV allows. After an arrest for driving on a suspended license, you need an aggressive lawyer to defend your rights. At the Los Angeles Criminal Lawyer, we are in the best position to provide reliable legal services if you face driving with suspended license charges. Contact us at 310-502-1314 to talk to one of our lawyers.