Your license can be suspended for a number of reasons, including too many tickets, a DUI arrest, not having auto insurance, or failure to pay child support. In some cases, a driver's license may be suspended without their knowing. Even a quick drive down to the grocery store can result in a traffic stop and an arrest for driving on a suspended license.
Dublin does have public transit options with connections to BART at the Dublin/Pleasanton and West Dublin/Pleasanton stations and WHEELS bus. However, many people who live, work, or go to school in and around Dublin still need to rely on a car to get to where they need to go. Losing your driving privileges can make getting around in the East Bay very difficult at times.
If you were arrested or charged with driving on a suspended license in Dublin or Alameda County, talk to an experienced East Bay DUI defense lawyer about your options and how you can get your driving privileges back as soon as possible.
Driving on a Suspended License - VC 14601
Under California Vehicle Code 14601, “no person shall drive a motor vehicle at any time when that person's driving privilege is suspended or revoked.”
Generally, the driver has to have knowledge that their license has been suspended or revoked. However, knowledge shall be “conclusively presumed,” if notice of the suspension or revocation has been mailed to the driver. A driver cannot avoid any penalties just by claiming they did not know about the suspension if the DMV or other agency sent notice of the suspension.
Penalties for Driving on a Suspended License
Upon a 1st time conviction for driving on a suspended license, the defendant may face imprisonment in a county jail for between 5 days and 6 months, and a fine of between $300 and $1,000.
A second conviction within 5 years of a prior offense shall be punished by imprisonment in a county jail for between 10 days and 1 year, and a fine of between $500 and $2,000.
Suspended License After a DUI Arrest
A common source of confusion for drivers with a suspended license involves having their license taken away after a drunk driving arrest in California. Most drivers think their license will not get suspended or revoked until after their criminal trial or conviction. However, a DUI arrest is enough to get a license suspended, even if the driver is never convicted of a crime.
After a DUI arrest, the police will take the driver's license and give them a temporary driving permit. The permit is good for 30 days. After 30 days, the individual's driving privileges will be suspended. This is a separate process from the criminal trial and is handled by the California Department of Motor Vehicles (DMV). A driver's opportunity to challenge the automatic suspension requires requesting a formal DMV administrative per se (APS) hearing.
You must take action within 10 days of the arrest to get a DUI DMV hearing. After your attorney requests a hearing, your suspension will be put on hold until after the hearing. Talk to your DUI defense attorney as soon as possible after an arrest so you can keep your driving privileges.
Reinstating Your Driver's License After a DUI
In order to have your driver license reissued or reinstated after a DUI license suspension, there are a number of requirements that need to be met, including:
- Wait for the suspension period to pass;
- Pay any court fines or fees;
- Provide proof of financial responsibility with an SR-22 certificate;
- Complete DUI school and obtain a Notice of Completion Certificate;
- Have an ignition interlock device (IID) installed, if required; and,
- Pay the driver's license reissue fee to the DMV.
An eligible individual whose license has been suspended for driving a motor vehicle with a certain blood-alcohol concentration (BAC) can be eligible for a restricted driver's license if the person installs an ignition interlock device.
Most drivers with a 1st time DUI will be able to get an IID restricted license without having to wait for a mandatory suspension period. By driving with an IID on the vehicle, drivers can get to work, school, or anywhere else as long as they have the equipment installed in the vehicle.
Dublin DUI Lawyer
East Bay attorney Lynn Gorelick has more than 35 years of DUI experience and understands the consequences for drivers after a DUI arrest. Representing drivers in Dublin and the East Bay, Lynn Gorelick is familiar with the local DUI laws, and the local officers and prosecutors involved. Contact East Bay DUI lawyer Lynn Gorelick today for help in handling a DUI or driving on a suspended license.
