Suspended License

DRIVER'S LICENSE SUSPENDED BECAUSE OF DUI CONVICTION

Your driver's license will be suspended or revoked following a DUI conviction.  Vehicle Code Section 14601.2(a) states that "a person shall not drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for a conviction of a violation of Section 23152 (DUI) or 23153 (DUI with injury) if the person so driving has knowledge of the suspension or revocation."  The length of suspension will be determined by a number of factors, including the number of prior offenses you have, whether or not the DUI involved injury, how high your blood alcohol content (BAC) was, whether you were under 21 years of age, and whether you refused to submit to a breath or blood test following arrest.  The length of DUI driver's license suspensions were discussed in our Los Angeles DUI Attorney's recent BLOG post.  

It is important to note that it is the privilege to drive that is suspended, not the just the license.  An unlicensed driver or a driver with an out of state license will not avoid the suspension simply because they do not have a valid California driver's license.  To convict a person for driving on a suspended license pursuant to Vehicle Code Section 14601.2, the prosecution must prove that 1) the person drove a motor vehicle; 2) the person's driver's license was in fact suspended for DUI; and 3) the person had knowledge of the suspension.  The third element can be proven by showing that the person was served with a notice of suspension in court or it was mailed to the person and not returned.  

GETTING A RESTRICTED LICENSE FOLLOWING DUI SUSPENSION

You may be eligible to obtain a restricted driver's license before the full suspension period ends.  For example, a driver who has received a 2nd offense DUI conviction will have their license suspended for two years.  However, after 90 days of the suspension period is completed, he/she can to to the DMV and apply for a restricted driver's license.  The driver must pay a re-issue fee and file proof of enrollment in the SB38 (18 month) alcohol program, an SR22 (proof of insurance), and proof of installation of an ignition interlock device.  

GET YOUR PRIVILEGE TO DRIVE REINSTATED

Vehicle Code Section 14601.2 is only charged when a person was driving on a license which was suspended because of a DUI.  A driver's license can be suspended for a number of other reasons.  For example, Section 14601.5 prohibits driving when your license has been suspended due to an Administrative Per Se (APS) decision against you.  Section 14601.1 punishes driving when the license has been suspended for other reasons, such as failing to appear in court or failing to pay child support.  

If you have been arrested or cited for driving on a suspended license, CONTACT our office today for a free and confidential consultation.  We can assist not only in representation of the charges against you but help you in taking the necessary steps to get your driver's license.  Berglund Law Office, P.C. specializes in representing persons charged with DUI and subsequent license suspension violations arising from DUI and other convictions.  

You Are Not Alone

Facing DUI charges is an unpleasant experience. We are here for our clients through every step of the process and will make sure that you receive the best representation possible. You will always be able to reach us when you have questions about your case. You can be assured that we will fight to obtain the best possible outcome.

Free Consultation

There is no charge for the DUI phone consultation. We want to hear everything that happened both before and after you were arrested. Attorney Robert D. Berglund will personally speak with you about your case and provide you with an honest analysis. Contact us today.

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