California Vehicle Code § 14601.2 VC: Driving With Suspended License For DUI Conviction

driving with suspended license

1. Definition and Elements of the Crime

Driving on a suspended or revoked license is a criminal offense under California Vehicle Code Section 14601 VC that prosecutors take very seriously. However, when the underlying suspension was caused by a driving under the influence conviction, the penalties for driving in violation of that suspension under California Vehicle Code Section 14602.2 VC can be even more severe, with mandatory jail sentences.

To prove that a defendant violated California Vehicle Code Section 14601.2 VC, a prosecutor must be able to establish the following elements beyond a reasonable doubt:

  1. The defendant drove a motor vehicle.

  2. The defendant’s driving privileges had been previously suspended or revoked for a conviction under California Vehicle Code Section 23152 VC or California Vehicle Code Section 23153 VC, OR the defendant’s driving privileges had been restricted.

  3. The defendant was not in full compliance with the restriction (if dealing with a restricted license violation).

  4. AND the defendant had knowledge that his or her driving privileges had been suspended, revoked or restricted.

2. Related Offenses

Other similar or related offenses include:

  1. Driving Under the Influence of Alcohol - California Vehicle Code Section 23152(a) VC
  2. Driving With a Blood Alcohol Content of 0.08 Percent or HigherCalifornia Vehicle Code Section 23152(b) VC
  3. Driving On A Suspended or Revoked LicenseCalifornia Vehicle Code Section 14601 VC
  4. Driving Without a LicenseCalifornia Vehicle Code Section 12500 VC

3. Examples

A man is convicted in court of driving with a BAC of 0.08 percent of higher in violation of California Vehicle Code Section 23152(b) VC. A few weeks after going to court, the man receives a notice in the mail from the DMV telling him that his driving privileges have been suspended for six months. The man ignores this notice and continues to drive anyways despite having a suspended license. The man could be prosecuted for driving with a suspended license for DUI conviction in violation of California Vehicle Code Section 14601.2 VC.

In another example, a man is convicted of driving under the influence of alcohol in violation of California Vehicle Code Section 23152(a) VC. The Department of Motor Vehicles issues a license suspension based on the conviction, but fails to mail a notice of the suspension to the man. He continues to drive on his license, believing it is valid until he is stopped by officers one day. This man would not be guilty under California Vehicle Code Section 14601.2 VC because he did not have knowledge that his driving privileges had been suspended, as required by statute.

4. Defenses to Driving with Suspended License for DUI Conviction

As discussed above, if the defendant was not given notice of the suspension or revocation, or did not otherwise know about it, he or she would not be criminally liable for driving on that suspended license. The statute requires that the driver actually know of the license suspension before he or she can be found guilty of this offense.

5. Penalties

Driving in violation of a license suspension caused by a DUI conviction is a misdemeanor offense that carries mandatory jail sentences. A person convicted of this offense can be sent to county jail for a minimum of 10 and a maximum of six months on a first conviction. The judge must sentence the defendant to at least 10 days in jail. If the defendant has a prior conviction under California Vehicle Code Section 14601 VC, the defendant must serve a minimum of 30 days and a maximum of a year in jail.

6. Criminal Defense for Driving with Suspended License for DUI Conviction Cases

If you have been charged with driving on a suspended or restricted license, it is very important that you contact a Los Angeles Criminal Defense Lawyer right away. Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who knows how to effectively fight these types of charges. Mr. Kraut understands that this is an offense that carries mandatory jail sentences and works hard to make sure his clients receive the best defense possible.

For more information driving with suspended license for DUI conviction, and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan Thomas
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel Lepervanche
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.