In general, a driver’s license is a card that is issued by the Department of Motor Vehicles (DMV), which provides the holder with permission to operate a vehicle legally on public roadways. If a driver commits certain types of traffic violations or legal offenses, the DMV may suspend or revoke that individual’s license.
The main difference between a suspension and revocation is how long an individual has to wait until they can have their license reinstated. When an individual’s driver’s license is suspended by the DMV, it means that they are not permitted to drive until their license is returned to them.
This may occur if an individual fails to pay traffic fines or if they are caught driving without valid automobile insurance. An individual can typically have their suspended license reinstated by either resolving the issue that caused it to be suspended or by waiting a certain amount of time.
In contrast, when the DMV revokes an individual’s driver’s license, it means that their license will be indefinitely invalidated. There are, however, certain situations in which an individual may be able to get their license back.
The most common reason a DMV revokes a driver’s license is an alcohol or drug-related offense. In these cases, the revocation acts as a combination of punishment, deterrence, and a way to protect other drivers and pedestrians.
When Can a California Driver’s License Be Suspended?
A California driver’s license may be suspended by the State of California, the California DMV, or a court for a variety of reasons, including:
- A driver gets into an automobile accident and does not have car insurance;
- Failing to report an accident;
- Leaving the scene of an accident;
- Being convicted of driving under the influence (DUI);
- The driver is caught drinking, and they are underage, or underage driving under the influence;
- A driver either fails or refuses to take a drug or alcohol test, such as a breathalyzer, blood test, urine sample, or another test;
- Having excessive points on a license or driving record;
- A driver fails to appear in court for a traffic ticket or does not pay the ticket on time; or
- Refusing or failing to pay court-ordered child support.
This is not an exhaustive list, as it only outlines some common situations in which California drivers may lose their licenses. A suspension may also occur based on the facts of the case or the local regulations in a specific California county.
How Long Can Your License Be Suspended?
The length of time an individual’s driver’s license can be suspended will depend on the cause of the suspension. For example, upon an individual’s first DUI conviction, their license will be suspended for six months.
If an individual has questions regarding how long their license suspension may be or how to reinstate their license, they should consult with a local attorney in California.
How Can a Suspended Driver’s License Be Reinstated?
If an individual wants to have their suspended license reinstated, they will have to complete the required steps that correspond to the reason why their driver’s license was suspended. For example, assume that a driver’s license was suspended due to not having car insurance and getting into an accident. In that case, the individual must wait until their mandatory one-year suspension expires, pay any associated fees, and file proof of financial responsibility or an SR-22 form.
An individual might have been convicted of a DUI. In that case, they will be required to complete the mandatory suspension and any required courses, such as alcohol or drug counseling, pay fines, and complete their prison sentence, if applicable, before their license can be reinstated. If they were required to attend a program, they would have to show proof of completion.
An individual’s driver’s license may have been suspended because they did not pay for traffic violations or failed to appear in court. If so, they first must complete whichever action they initially refused to do and, next, must obtain proof from the court that shows they fulfilled their obligation. They will be required to pay the standard applicable fees to have their license reissued.
Reissuing a suspended license may cost anywhere from $55.00 to $300. An individual may also be able to apply for a restricted license that will allow them to use their vehicle for limited reasons, including driving to and from work or a mandated alcohol rehabilitation program.
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What Happens if I Am Caught Driving on a Suspended Driver’s License?
If an individual is caught driving with a suspended or revoked driver’s license, they will be required to pay fines ranging from $300 to $2,000. The amount will depend on the reason why the license was suspended or revoked and whether the driver is a first-time or repeat offender.
Other consequences an individual may face if they are caught driving with a suspended or revoked California driver’s license include:
- Being charged with a misdemeanor or felony offense;
- Receiving jail time or a prison sentence;
- Having the license suspended for a longer period of time;
- If the license has been suspended multiple times, having it revoked;
- Being placed on probation;
- Having to install an ignition interlock device (IID) on their car (for DUI cases); or
- Attending court-ordered rehabilitation classes.
When Can a California Driver’s License Be Revoked?
A California driver’s license may be revoked for many reasons, including, but not limited to:
- A driver lacks requisite driving skills;
- The driver exhibits road rage;
- The person has a physical or mental illness that interferes with their driving and falls below standard safety measures;
- Having an alcohol or drug addiction;
- An individual commits driver’s license fraud or forgery; or
- Committing a felony offense with a vehicle or being a repeat offender.
In most situations, the DMV has to notify the driver that their license is being revoked, as well as the terms of the revocation. If an individual loses their license and drives anyway, they may face charges for driving without a license.
How Can a Revoked Driver’s License Be Reinstated?
The California DMV does not reissue revoked driver’s licenses. Instead, the individual would have to apply for a new license if they were permitted to do so, including passing all of the required tests again to obtain their new driver’s license.
The individual will also have to complete any required rehabilitation courses, provide the DMV with requisite documentation, such as proof of insurance, pay any necessary penalties or fines, and serve any required jail or prison sentences. They will also be required to pay all administrative, court, and DMV fees associated with obtaining a new license.
If an individual is convicted of certain crimes, such as assault with a deadly weapon using a vehicle, DUI murder, or DUI manslaughter, they will never be able to get a new license.
What Happens if I Am Caught Driving with a Revoked Driver’s License?
If an individual is caught driving with a revoked driver’s license, they may:
- Be required to pay heavy fines;
- Have to serve a prison sentence;
- Lose their right to drive permanently.
They may also be charged with a misdemeanor or felony offense, which means that their actions can result in them having a criminal record.
Should I Contact a Lawyer if I Have a Suspended or Revoked Driver’s License in California?
If you have any questions regarding reinstating your suspended or revoked California driver’s license, or driver’s license replacements, it is important to consult with a California traffic violation lawyer. You could be facing charges for driving with a suspended or revoked driver’s license. If this is the case, it is essential to seek legal representation.
Your lawyer will help guide you through the legal process, inform you about your rights as a criminal defendant, and will be familiar with any new laws on suspended licenses. Your attorney will also be able to determine whether there are any defenses available to raise against your charges and will represent you in court.
