California Vehicle Code § 14601.2(a) VC – Driving with a License Suspended for DUI

In California, driving under the influence (DUI) of alcohol or drugs is a serious offense. Along with the criminal consequences, a DUI conviction often leads to the suspension or revocation of the individual’s driver’s license. Unfortunately, some drivers may find themselves behind the wheel again despite their license being suspended. In California, this is considered a violation of California Vehicle Code (CVC) § 14601.2(a), a law that deals with driving with a license that has been suspended due to a DUI offense. This blog post aims to provide a comprehensive understanding of CVC § 14601.2(a), the penalties involved, and what individuals should know if they are facing charges under this statute.

What is California Vehicle Code § 14601.2(a) VC?

California Vehicle Code § 14601.2(a) makes it unlawful for any person to drive a motor vehicle when their driver’s license has been suspended or revoked due to a DUI-related offense. This law is in place to prevent individuals who have already shown impaired driving behavior from continuing to operate a vehicle on public roads. The intention behind this statute is clear: to ensure public safety by keeping individuals with a history of DUI offenses off the road until they have complied with all necessary legal requirements for reinstating their license.

Driving with a Suspended License

According to CVC § 14601.2(a), an individual is guilty of driving with a suspended or revoked license if they are operating a motor vehicle and their license has been suspended or revoked because of a DUI conviction. This may include suspensions or revocations arising from:

• DUI convictions: Driving under the influence of alcohol or drugs.

• Refusal to submit to chemical tests: Refusing to take a breathalyzer or other chemical test when lawfully requested by a police officer.

• Excessive blood alcohol concentration (BAC): Having a BAC over the legal limit of 0.08% (or 0.01% for certain drivers like commercial drivers or minors).

If your license has been suspended due to any of the above reasons, and you are caught driving, you could be charged under this statute.

Penalties for Violating CVC § 14601.2(a)

Violating CVC § 14601.2(a) is a serious offense and carries significant penalties. The severity of the penalties depends on whether it’s the individual’s first, second, or subsequent offense. Here are the potential consequences for violating this law:

1. First Offense:

   • Misdemeanor: Driving with a suspended license for DUI is considered a misdemeanor on the first offense.

   • Fines: A fine of up to $1,000.

   • Jail Time: Up to 6 months in county jail, though the court may opt for probation instead of jail time.

   • Probation: If probation is granted, the offender must adhere to the conditions set by the court, which could include attending DUI education programs.

2. Subsequent Offenses:

   • If an individual has prior violations of CVC § 14601.2(a), the penalties increase.

   • Fines: Up to $2,000 for repeat offenders.

   • Jail Time: Up to 1 year in county jail, though the court may still grant probation with stricter conditions.

   • Longer License Suspension: For subsequent offenses, the length of the driver’s license suspension may be extended, further complicating their ability to drive legally.

The Role of Ignition Interlock Devices (IID)

For those whose licenses have been suspended or revoked due to DUI-related offenses, California may require them to install an Ignition Interlock Device (IID) in their vehicle. An IID is a breathalyzer device connected to a vehicle’s ignition system. In order to start the car, the driver must blow into the device, and if their BAC is above the legal limit, the car will not start.

When an individual is convicted of CVC § 14601.2(a), or if their DUI suspension is related to previous offenses, the judge may order the installation of an IID in their vehicle. In certain cases, the court may require an IID even if the person’s license is reinstated.

Defenses to Charges Under CVC § 14601.2(a)

If you are facing charges for driving with a suspended or revoked license under CVC § 14601.2(a), it’s important to understand that there may be defenses available to you. Some common defenses include:

1. Mistaken Identity: If you were not the person driving the vehicle at the time of the offense, you may be able to argue that you were wrongly charged.

2. No Knowledge of Suspension: If you were not properly notified that your license had been suspended, you may have a defense based on lack of knowledge. The Department of Motor Vehicles (DMV) must send a notice to the individual informing them of the suspension, but if the notice was never received, this could be a potential defense.

3. Valid License: You may be able to demonstrate that your license had been reinstated or that the suspension had ended before you were pulled over.

4. Temporary Hardship License: In some situations, individuals who are facing suspension may be eligible for a temporary hardship license. If you were granted such a license and were not driving outside the scope of its limitations, this could be a valid defense.

Impact of a Conviction on Your DUI Case

A conviction under CVC § 14601.2(a) can also impact your underlying DUI case. If you are charged with both DUI and driving with a suspended license due to a DUI, the penalties for the DUI may increase. The courts view these offenses seriously and may impose more stringent terms for probation, fines, or mandatory DUI education programs.

How to Avoid Violating CVC § 14601.2(a)

If your driver’s license has been suspended or revoked due to a DUI conviction, the best way to avoid violating CVC § 14601.2(a) is to wait until your suspension period has ended and your driving privileges have been reinstated. In the meantime, here are some things you can do:

1. Use Public Transportation: If your license is suspended, consider using public transportation, taxis, or ridesharing services like Uber or Lyft.

2. Obtain a Restricted License: In some cases, you may be eligible for a restricted license that allows you to drive to work, school, or other essential locations. Consult with the DMV to see if this is an option for you.

3. Install an IID: If required by the court, install an ignition interlock device in your vehicle to legally drive while complying with court orders.

4. Follow All Legal Requirements: Ensure you follow all legal requirements to reinstate your license, including paying fines, attending DUI education programs, and taking any other steps mandated by the court or DMV.

Conclusion

California Vehicle Code § 14601.2(a) is a law designed to prevent individuals with suspended or revoked licenses due to DUI convictions from endangering public safety by driving. Violating this law can lead to serious penalties, including fines, jail time, and extended suspension periods. If you find yourself facing charges under this statute, it is essential to seek legal counsel to explore potential defenses and understand your options. By following legal guidelines, installing an IID if necessary, and adhering to the conditions of your license reinstatement, you can minimize the risk of violating the law and continue working toward regaining your driving privileges in California.