One of the biggest consequences of a San Diego DUI is the potential loss of a license. The suspension is likely several months. There are several hoops that need to be jumped to get a restricted/provisional license Many people make a mistake and drive without doing all of what they are supposed to do. In addtion, there is people who conclude they have to drive and risk it. These people risk driving on a suspended license (for DUI). There is a special section in the suspended license laws for suspended due to DUI whose penalties is more harsh than a generic suspension. If there is another reason to add to retain an attorney after a San Diego DUI it is so that they can legally get you back on the road as soon as possible. Call our the law office of Mark Deniz at (858) 751-4384.
Depending on your situation, most license suspensions range from four months to one year. Most DUI cases have a period when there is no driving whatsoever, which most call a “hard” supension. For you to drive legally to and from work, you would have to get a restricted license. In order to obtain a restricted license, you would have to apply for it at a local DMV. Again, this is usually after a time where there is no driving.
If you do not obtain a restricted license and you decide to drive to work anyway and you’re caught, you will face misdemeanor charges for driving on a suspended license under VC14601.2 (a). At times, the punishment for this charge can be near the punishment for a DUI itself. The penalties include:
– 10 days to 6 months in jail
– A fine from $300 to $1,000
– Ignition Interlock Device (IID)
– 2 points on the license
Do not risk driving on a suspended license while facing a DUI. It is not something that you want to risk. This is one of the many reasons I recommend someone obtaining an attorney. Navigating a San Diego DUI case is not just in court but the overall process. I have seen people who have relied on their friend who got a DUI 5 years prior for all the information. These people usually find themselves in trouble because so much changes in this field. Call our office now for a free consultation at (858) 751-4384.
Here is the actual wording in the code:
14601.2. (a) A person shall not drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153 if the person so driving has knowledge of the suspension or revocation. (b) Except in full compliance with the restriction, a person shall not drive a motor vehicle at any time when that person’s driving privilege is restricted if the person so driving has knowledge of the restriction. (c) Knowledge of the suspension or revocation of the driving privilege shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. Knowledge of the restriction of the driving privilege shall be presumed if notice has been given by the court to the person. The presumption established by this subdivision is a presumption affecting the burden of proof. (d) A person convicted of a violation of this section shall be punished as follows: (1) Upon a first conviction, by imprisonment in the county jail for not less than 10 days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), unless the person has been designated a habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3. (2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5, by imprisonment in the county jail for not less than 30 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000), unless the person has been designated a habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3. (e) If a person is convicted of a first offense under this section and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days. (f) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5 and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 30 days. (g) If a person is convicted of a second or subsequent offense that results in a conviction of this section within seven years, but over five years, of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5 and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days. (h) Pursuant to Section 23575, the court shall require a person convicted of a violation of this section to install a certified ignition interlock device on a vehicle the person owns or operates. Upon receipt of the abstract of a conviction under this section, the department shall not reinstate the privilege to operate a motor vehicle until the department receives proof of either the “Verification of Installation” form as described in paragraph (2) of subdivision (h) of Section 13386 or the Judicial Council Form I.D. 100. (i) This section does not prohibit a person who is participating in, or has completed, an alcohol or drug rehabilitation program from driving a motor vehicle that is owned or utilized by the person’s employer, during the course of employment on private property that is owned or utilized by the employer, except an offstreet parking facility, as defined in subdivision (c) of Section 12500. (j) This section also applies to the operation of an off-highway motor vehicle on those lands that the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001. (k) If Section 23573 is applicable, then subdivision (h) is not applicable.
“Knowledge” is a key factor when it comes to VC 14601.2(a). Under VC 14601.2(c), it is conclusively assumed that a DUI defendant had “knowledge” of a driver’s license suspension or revocation if mailed notice was given to the defendant by the department.
If for some reason the individual did not receive mailed notice of the suspension or revocation, and had no knowledge that they weren’t supposed to drive, it may be a valid defense.
If you are facing DUI charges, or if you have further questions about obtaining a restricted license, or driving on a suspended license after a DUI, don’t hesitate to contact the Law Offices of Virginia L. Landry, Inc. to discuss your case for free!
We’re here to help. You could be facing up to 60 days, 1 year or more in jail or prison, depending on why you were suspended and if you have any priors.Not to mention thousands in fines. We have won many dismissals and acquittals on these cases, because we know all the possible defenses you may have. Call or email today, your fr
eedom and future license privileges may depend on it!
DO YOU NEED HELP TO KEEP YOUR LICENSE?
Whether it’s for points, unresolved citations, insurance violation, DUI, provisional (GLS) violations or another reason, we have experience dealing with all kinds of supsended license issues. We have successfully kept our clients on the road by carefully handling all manner of MVA hearings and issues. Call Mr. Cleckner for a free consultation and he will answer any questions you have about the process of dealing successfully with the MVA.
NOT SURE WHAT YOU NEED TO DO?
We’d be happy to discuss your options with you. We handle all facets of criminal and jailable traffic defense, and if we can’t answer your questions, we’ll do some research or find someone who can answer them.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation.