Driving on a Suspended License in California

Driving After Suspension or Revocation in California

Drivers across the United States may have their licenses suspended or revoked for certain traffic violations, criminal offenses, and other reasons. California is no exception. Your driving privileges may be suspended for a broad range of reasons, from driving under the influence to specified prostitution convictions. Driving while your license is suspended or revoked is a crime.

Reasons for suspension or revocation

Many traffic or other offenses will result in the suspension or revocation of California driver’s licenses. Suspension or revocation periods depend on the offense.

Alcohol- and speeding-related offenses

The California Department of Motor Vehicles must suspend or revoke your driver’s license if you are convicted of driving under the influence of alcohol or drugs or of engaging in a “speed contest,” which can mean racing against another vehicle or a clock. (Cal. Veh. Code § 13352.) The suspension period varies between six months and two years. (Cal. Veh. Code §13352.)

Accumulating points

California assigns you points for certain driving offenses, such as speeding, child passenger restraint, or driving under suspension. (Cal. Veh. Code § 12810.) If you receive four points in 12 months, six points in 24 months, or eight points in 36 months, your license may be suspended. (Cal. Veh. Code § 12801.5.)

Reckless driving

If you are convicted of reckless driving, the court may order your license suspended for up to 30 days for a first conviction, up to 60 days for a second conviction, and up to six months for a third or subsequent conviction. (Cal. Veh. Code § 13200.) If you are convicted of driving more than 100 mph, the court may suspend your license for up to 30 days. (Cal. Veh. Code § 13200.5.)

Other offenses

A court may suspend your license for up to six months if you are convicted of:

• failure to stop if you are involve din an accident
• reckless driving that causes injury
• failure to stop at a railroad crossing
• evading a police officer, or
• purposely being involved in a car crash in order to make a false insurance claim. (Cal. Veh. Code § 13201.) 

Suspension of up to 30 days is possible for certain prostitution convictions (Cal. Veh. Code § 13201.5.) Convictions for possession or sale of controlled substances may result in your driver’s license being revoked. (Cal. Veh. Code § 13202.)

Your license may be suspended or revoked for many other reasons.

How to Reinstate Your License

Your driver’s license will generally be suspended or revoked for a specified period of time. If your license was revoked, you may apply for a new license after your revocation period. (Cal. Veh. Code § 13101.) If your license was suspended, your driving privileges have been temporarily withdrawn. (Cal. Veh. Code § 13102.) You may apply for reinstatement when your suspension period ends.

Unless your suspension or revocation is based on a physical or mental condition, you will have to pay a reinstatement fee that covers the costs of reinstating your license. (Cal. Veh. Code § 14904.)

In some cases, such as if you are deemed a negligent operator due to points accumulated on your license, you may be required to show that your vehicle is insured before your license will be reinstated. (Cal. Veh. Code § 12180.5.)

Driving after Suspension or Revocation Charges

Driving with a suspended or revoked license is a misdemeanor. (Cal. Veh. Code § 40000.11.)  Your sentence may depend on whether you have previous convictions for driving after suspension or revocation.

For your first offense, the crime carries a minimum sentence of five days in jail and a $300 fine. The maximum sentence is six months in jail and a $1,000 fine. (Cal. Veh. Code § 14601(b).)

For a subsequent offense within five years, the crime carries a minimum sentence of 10 days in jail and a $500 fine. The maximum sentence is one year in jail and a fine of $2,000. (Cal. Veh. Code § 14601(b).)

Penalties may be higher if your license suspension or revocation is due to DUI. (Cal Veh. Code. § 14601.2.) They may also be higher if the state considers you a habitual traffic offender, meaning that you accumulate driving convictions while your license is suspended or revoked. (Cal. Veh. Code § 14601.3)

In some cases, your vehicle may be impounded for 30 days. (Cal. Veh. Code § 14602.6.)

Help for Driving After Suspension or Revocation Charges

If you are charged with driving after suspension or revocation, you face a range of criminal penalties and negative effects on your life. You face the prospect of jail time and fines. Your conviction may cause you to have difficulty at work or school. You may have difficulty securing or retaining insurance. While laws specify minimum and maximum punishments for a conviction, how the law is carried out may vary because the approach of the prosecutor and judge also shape your sentence. Consider consulting a lawyer who is familiar with how these cases are typically handled in your area.