Suspended Driver’s License Lawyer in Santa Ana

A suspended license means that your driving privileges have been revoked temporarily. Suspensions can be implemented by the California Department of Motor Vehicles (DMV) or by courts.

If you or a loved one is currently struggling with license suspension or anticipate that this will be a problem in the near future, contact the Law Office of Sheny Gutierrez for legal assistance. We will do our best to find a remedy that causes as little impact as possible.

License Suspensions in California

The DMV may suspend your license for numerous reasons, including not paying ordered child support or driving when you were unfit to operate a vehicle.

Depending on the reason for your suspension, it may last for one month or a few years. Contact a criminal defense attorney in Orange County for answers to questions you may have about the length of suspension or factors that could contribute to an extended timeframe.

Suspensions may also be implemented as part of criminal convictions. Driving under the influence (DUI) convictions and reckless driving are often accompanied by license suspensions.

DMV Points

Your driving history could also lead to a suspension if you have multiple traffic offenses in less than one year, resulting in too many points on your driving record. The DMV tracks your driving incidents using a point system, and four or more points in 12 months can lead to suspension.

Car Insurance

If you do not provide the DMV with proof of car insurance, they may suspend your license. Restricted licenses may be an option for some people, but they can only drive in limited circumstances, including to and from work, to receive medical care, and to and from school.

Driving on a Suspended or Revoked License

California Vehicle Code 14601 states that driving a motor vehicle with a suspended license is a crime. Doing this is a misdemeanor and can result in penalties of up to six months in jail and as much as $1,000 in fines. Alternatively, probation can also be granted instead of incarceration.

The circumstances of your case will dictate the severity of your punishment, such as the reason for your suspension. For example, if you are caught driving with a suspended license, and that suspension was due to reckless or negligent driving, your penalties may be harsher than if the cause of suspension was unpaid court costs.

In order to be convicted of driving on a suspended license, the prosecutor must prove that you knowingly drove a vehicle during suspension. If you were not aware that your license was suspended, you may be able to avoid any penalties by proving you did not know. This can be difficult to prove, however, because it would be presumed you knew if the DMV sent you a notice to your most recent address on record.

In addition to proving you were unaware of the driver’s license suspension, your attorney may be able to establish that you had a sufficiently good reason to drive despite your suspension. An example would be if there was a medical emergency and it was the only option.

While it can be difficult to live your life when your driving privileges are limited, revoked license or suspended license driving is illegal. If you have questions about how California Vehicle Code 14601 may affect you and your driver’s license, contact the Law Office of Sheny Gutierrez. Our suspended license lawyer has nearly two decades of experience helping clients navigate their charges and convictions.

Driving Under the Influence of Alcohol

You can be charged with driving under the influence if your blood alcohol concentration is above certain limits.

If you are on probation for a DUI offense, any amount of alcohol is over the limit. California has a zero-tolerance policy for driving under the influence of alcohol when you are on DUI probation.
Drivers under the age of 21 can be charged if their BAC is .01% or higher. In other words, any amount of alcohol in your system as an underage drinker may lead to criminal charges.
The legal limit is .04% if you are operating a commercial vehicle or passenger vehicle like a taxi or rideshare.
For everyone else, the legal limit is .08%.

It is a common penalty in a DUI conviction to suspend the defendant’s license for a period of time.