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Every year, hundreds of California drivers get their license suspended, yet many continue driving because they have no other choice or they are unaware of the status of their driver’s license. 

However, driving on a suspended license is a serious offense and if you’re caught, you risk facing criminal charges.

In this article, we explain everything you need to know about suspended licenses in California.

Is It Illegal To Drive With a Suspended License in California?

A driver’s license suspension is a temporary revocation of the privilege to drive due to a breach of laws and regulations. When your license is suspended, you are not allowed to operate any type of motor vehicle during a specified period of time. This period will depend on the type and the severity of your traffic offense. 

Can I drive on a suspended license in California? 

In California, it is illegal to drive with a suspended driver’s license. California Vehicle Code section 14601 defines driving on a suspended license as

“driving a motor vehicle at any time while your driving privilege is suspended or revoked with knowledge of the suspension or revocation.”

In other words, you are not allowed to drive while your license is suspended or revoked, provided that you are aware of the fact that your driving privileges are suspended or revoked. 

What happens if I am caught while driving on a suspended license?

Driving with a suspended license in California is a misdemeanor offense. This means that if you are caught driving on a suspended license, you will be immediately arrested. This is the case even if you would not have been arrested for the original reason you were pulled over, like speeding, stop sign or traffic light violations, or illegal lane change, for example.

What are the penalties for driving on a suspended license?

The criminal penalties for driving on a suspended license vary depending on several factors, such as whether this is your first-time or repeat offense, the reason your license was suspended, your driving history, and whether you have any prior convictions for driving on a suspended license.

First-time vs. repeat offense

If this is your first time driving on a suspended license, your penalties may include:

• Jail sentence of between 5 days and 6 months
• Fine of $300-$1,000

For a repeat offense within five years of a previous driving on a suspended license charge, you risk the following penalties:

• Jail sentence of between 10 days and 1 year
• Fine of $500-$2,000

In addition to the basic penalties for all charges of driving on a suspended license, you may risk other repercussions depending on the type of your traffic violation.

Penalties by type of violation

• If your license was suspended for reckless, negligent, or incompetent driving due to mental or physical disability, you could face:
  • Informal probation for up to 3 years
  • Fine of up to $1,000 
• If you have a DUI conviction, you may face the following penalty: 
  • Informal probation for up to 3 years
  • Jail term in a county jail ranging from 10 days to 6 months 
  • Fine of up to $1,000
  • Installation of the vehicle’s ignition interlock device 
• If you have committed several traffic offenses, penalties include: 
  • Informal probation for up to 3 years
  • Custody in county jail for up to 30 days
  • A fine of up to $1,000 
• If you refuse to take the DUI chemical test, the consequences may be:
  • Informal probation for up to 3 years
  • Custody in county jail for up to 6 months
  • A fine up to $1,000 

• If you have a license suspension for point accumulation or serious traffic violation like intentionally evading a police officer, you may expect the following:
  • Your driving privileges will be suspended anywhere from 1-12 months
  • You may receive an order of probation from the California DMV 
  • As a part of the suspension, you may be ordered to attend traffic school 
  • You may be issued a restricted license that you can only use under certain circumstances
  • You may have to apply for a non-driver California ID card and pay a $29 fee
  • The court may order that an ignition interlock device be installed in your vehicle
  • A fine of up to $1,000.
• If your license is suspended or revoked for other reasons, your punishment may include:
  • Informal probation for up to 3 years
  • Custody in county jail for up to 6 months
  • A fine of up to $1,000.

If you violate your suspension order or if you commit another traffic violation your license may be revoked permanently.

Why Would Someone’s License Be Suspended?

The California Department of Motor Vehicles (DMV) suspends thousands of licenses every year. You can get your California driver’s license suspended for many different reasons, for example: 

• Driving under the influence (DUI) conviction
• Failure to undergo DUI blood, urine, or chemical testing after being detained under the influence
• Underage alcohol consumption
• Reckless driving without injury
• Reckless driving that causes one or more injuries to someone other than the driver
• Incompetent driving with a mental or physical disability, such as Alzheimer’s disease, epilepsy, sleep disorders, or visual disorders 
• Habitual offense or repeating the same traffic violation
• Felony involving a motor vehicle
• Hit and run charge
• Vehicular manslaughter conviction
• Fleeing and evading police
• Failure to report an accident in which you were involved to the DMV 
• Having too many points on your driver’s license. Your driver’s license will be suspended if you accumulate 4 points in a year, 6 points in two years, or 8 points in three years
• You have been in a car accident without proof of insurance
• You have been declared a negligent operator of a motor vehicle
• You failed to appear in court
• You have accumulated several unpaid traffic tickets including parking tickets, moving violation tickets, and tickets for driving under the influence (DUI) 
• You can also get your driver’s license suspended because of unpaid taxes or court-ordered child support.

You can find a complete list of all offenses that could lead to a license suspension in the California DMV Driver Handbook.

How Do I Know if My License Is Suspended?

When your license gets suspended, you will receive a suspension notice. The notice is sent to the last mailing address you gave to the DMV. If it is not returned to the mailer, the court will consider that you have received the notice and that you are aware that your license is suspended. 

However, if you are not sure about the status of your license, you can request a copy of your driving record from the California Department of Motor Vehicles. There are three ways to do that: in person, by mail, and online.

In person

To request your driving record in person, you need to complete a Request for Your Own Driver License form or Vehicle Registration Information Record form at your local DMV field office. There is a $5 fee for each record requested in person. The record is processed immediately and you’ll receive a printout of your record during your visit.

To look for your local DMV office, use the search feature on the California DMV website. 

Online

You can also obtain your California driving record that includes information about your traffic violations from the California DMV website. The service costs $2 and you will have one opportunity to print the document after making the payment. Note that an online driving record is not an official document; to obtain an official record, you must request it by mail. 

By mail

To get your driving record by mail, complete a DMV INF 1125 form and send it along with a $5 administration fee to the following address:

DMV Information Release Unit

MS G199

PO Box 944247

Sacramento, CA 94244-2470

Once you receive your driving record, you will know whether your license has been suspended or not. If your license has been suspended, you should not drive until you have resolved the suspension and had your license reinstated. 

How To Reinstate My Suspended License

Before you start the process of reinstating your license, you first need to complete the imposed suspension period. 

Once the suspension period has ended, you can apply for a California driver’s license reinstatement at your local DMV field office to restore your driving privileges. Here’s what you need to do: 

• Make sure you have valid auto insurance, otherwise, you won’t be allowed to reinstate your suspended license. 
• Purchase SR-22 insurance called Proof of Financial Responsibility. Your insurer will submit an SR-22 form to the DMV to confirm that your insurance policy meets California’s minimum liability requirements. It will typically cost more than what you previously paid for auto insurance and most insurers also charge an SR-22 form processing fee of $25-$50. 
• Submit a DMV Driver Medical Evaluation (DME) form with your comprehensive health history. This form, including any additional medical information, is required if your driver’s license was suspended due to a physical or mental injury.
• Provide evidence of completing any courses ordered by the court, such as traffic school courses or a DUI or substance abuse course.
• Resolve all criminal charges.
• Pay the $14 license reinstatement fee. You can choose to pay the reinstatement fee in person, by mail, over the phone, or online through the California DMV website. Note that there is a 2.1% service fee added to debit and credit card payments. 

Exact requirements for reinstating your license may vary depending on the reason for your license suspension. It is essential that you understand what the specific requirements are for you based on your charges and the details of your case. You can contact your local California DMV office for specific information regarding your case.

Restricted driver’s license

If your license was suspended for a DUI or failure to have auto insurance, you may be able to apply for a restricted driver’s license before your suspension period ends. However, you’ll only be allowed to use this license for purposes such as driving to work, school, or medical appointments. 

To apply for a restricted California driver’s license you need to:

• Enroll in a DUI First Offender Program and file a Proof of Enrollment Certificate (Form DL-107) if you were convicted of DUI
• Visit your local DMV office to apply for a restricted driver’s license
• Show proof of financial responsibility (SR-22 insurance)
• Pay a $125 restricted license processing fee.

How Much Does It Cost To Reinstate My License?

The standard DMV administrative cost for a suspended or revoked California driver’s license is $55. The fee may be higher if your license was suspended for driving under the influence (DUI) violation. The California DMV also charges the following reinstatement fees:

• Drug restriction fee: $24
• Preliminary alcohol screening fee: $45 to $100
• Adding a court restriction fee: $15
• Removing a driver’s license restriction fee: $20

Drivers under the age of 21 who are in violation of the Zero Tolerance Law for Alcohol Use are required to pay the administration fee of $100.

If you were arrested for driving on a suspended license in California, you should contact an experienced attorney who will be able to examine your case and help you build the best defense strategy.

How App WinIt Can Help

The Winit app is the simplest way to find a qualified attorney who will help you fight your traffic ticket in California. After assessing your case, our skilled lawyers will help you understand what defense options are available and start building your case. They will advise you on what you can be charged with and what defense you may have, if any.

All you need to do is take a photo of your ticket and submit any evidence right in the app. Our team will get back to you with a free quote within the next 48 hours. The process is completely risk-free and we won’t charge you unless we win. 
If you’d like to know how we may be able to help, give us a call today at (646) 859-0828.