Driving On a Suspended License in California
Knowingly driving on a suspended license in California could land you with fines up to $2,000 and up to a year in jail.
Written by R.E. Fulton
Reviewed by Kathleen Flear
If you’re caught driving with a suspended or revoked license in California, you could face fines of up to $1,000 and as many as six months in jail.
- Driving on a suspended license in California is a misdemeanor offense.
- If you’re caught, it could cost you $1000 in fines and up to six months in jail.
- If you weren’t aware that your license was suspended, you may be able to avoid serious penalties.
In this guide, we’ll go over the potential consequences of driving with a suspended license in California, including the possible impacts on your
car insurance
rates and immigration status. What happens if you drive with a suspended license in California?
Under
California Vehicle Code Section 14601
, it’s a criminal offense to drive with a suspended license in California if you know that your license has been suspended. This crime is considered a misdemeanor—less serious than a felony, but more serious than a traffic infraction. - Reckless drivingor negligent operation of a motor vehicle (i.e., too many license points)
- Habitual traffic offender (i.e. committing moving violations while on a suspended license)
- Refusing to submit to a breathalyzer test
- Driving with an illegal blood alcohol concentration (BAC)
- Failure to appear in court
- Failure to pay child support
Depending on the circumstances of your license suspension, your California driver’s license might have been confiscated by (1) the law enforcement officer who arrested you, (2) the judge who heard your case, or (3) the California Department of Motor Vehicles.
If your license was suspended via a written notice of suspension from the DMV,
California Vehicle Code 13106
specifies that the notice must: - Have been sent to your most recent address
- Not have been returned as undeliverable or unclaimed
If any of the above is not true—i.e., if you never received a written notice of your driver’s license suspension and the license was not suspended or revoked by a police officer or judge—you may be able to avoid a misdemeanor charge for driving with a suspended license.
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The penalties for driving with a suspended driver’s license in California depend on the reason for the suspension. In general, though, you can expect to receive a fine of up to $1,000 and up to six months in a county jail. The table below gives a more detailed breakdown of the consequences laid out in the subsections of California Vehicle Code 14601 for a first offense of driving with a suspended license.
Offense | Reckless, negligent, or incompetent driving | DUI conviction | Habitual traffic offender | Refusal to submit to chemical test/driving with illegal BAC | All other suspensions and revocation |
|---|---|---|---|---|---|
Fine | Up to $1,000 | $300 to $1,000 | $1,000 | $300 to $1,000 | $300 to $1,000 |
Jail time | Five days to six months | 10 days to six months | 30 days | Up to six months | Up to six months |
Vehicle code |
If you’re convicted of a second or subsequent offense of driving on a suspended license (usually within a period of five to seven years), the penalties go up:
Offense | Reckless, negligent, or incompetent driving | DUI conviction | Habitual traffic offender | Refusal to submit to chemical test/driving with illegal BAC | All other suspensions and revocation |
|---|---|---|---|---|---|
Fine | $500 to $2,000 | $500 to $2,000 | $2,000 | $500 to $2,000 | $500 to $2,000 |
Jail time | 10 days to one year | 30 days to one year | 180 days | 10 days to one year | Five days to one year |
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In most cases, you can be fined, given jail time, or both—but habitual traffic offenders will always receive both a jail sentence and a fine. In addition, if your license was suspended after a DUI arrest, you’ll need to install an ignition interlock device if you’re caught driving during the suspension period.
Legal defenses
The three basic defenses for a charge of driving on a suspended license are:
- No suspension: If you can prove that your license was not actually suspended or that you have arestricted license, the charges could be dismissed.
- Lack of knowledge: If the prosecution can’t prove that you knew about the suspension, the court may dismiss the charges.
- Necessity: If you drove for an emergency, you can plead guilty and avoid severe consequences.
If you were caught driving with a suspended or revoked license, it’s on the prosecution to prove that (1) your license was suspended or revoked and (2) you knew about it.
The first is pretty easy—you can check the status of your driver’s license yourself with the California DMV—but you could get around it if you can demonstrate that you have a restricted license that allows you to drive for limited purposes.
If you weren’t aware that your license was suspended, you may be able to avoid serious penalties. For instance, if you can show that the DMV sent the notice of suspension to an old address, that indicates that you had no knowledge of the suspension.
Finally, there are some situations where you may need to drive with a suspended license, such as bringing someone to the emergency room. If you can show the court that you drove out of necessity, you may be able to avoid a severe penalty.
If you’ve been charged with driving on a suspended license in California and want to fight the charges, it’s worth reaching out to a criminal defense attorney for a free consultation. Legal advice from a qualified defense lawyer could help you win your appeal.
What a suspended license charge could cost you in the long run
Driving with a suspended license could cost you up to $3,000 in fines if you do it more than once during the suspension period—and that’s not taking into account court costs, inflated insurance premiums, and the potential costs of jail time, such as lost wages.
Does driving with a suspended license affect immigration?
The honest truth is, maybe. Driving on a suspended license is a misdemeanor in California, and misdemeanors can be seen in court as “crimes of moral turpitude”.
If you are not a U.S. citizen, do everything you can to reinstate your driver's license right away and do not drive while you are waiting.
Does driving with a suspended license affect car insurance rates?
On the other hand, your California car insurance costs could go up significantly if you’re caught driving with a suspended or revoked license. Insurance companies don’t like to see any type of violation on your
driving record
, and they’ll raise your rates in response. California’s average car insurance rates are already above the national average, especially in congested areas like
Los Angeles
, San Francisco
, and Orange County
. A license suspension alone could raise your rates by as much as 97%—and driving with a suspension could mean another increase. “I recently started looking for insurance. With my past ticket, I got rejected from several companies while others charged me extreme prices. My friend referred me toJerryand their amazing customer service helped me get the lowest insurance rate.” —Christina H.
How to get your suspended California license back
To get your driving privileges
reinstated after a license suspension
, you’ll need to pay reinstatement and reissue fees totaling between $114 and $164, but there may be additional steps before you can get a valid driver’s license again. For instance, you may need to attend driving school or complete a defensive driving course or provide proof of insurance to the DMV. In addition, if the State of California revokes your license permanently, you won’t be able to get it reinstated at all.
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FAQs
Can you go to jail for driving without a license in California?
Yes—but it’s not always mandatory.
While some jail time is mandatory if you’re caught driving with a suspended license, you might not get a jail sentence if you don’t have a driver’s license at all. If it’s charged as a misdemeanor, driving with a license could get you up to six months in jail, but it can also be charged as an infraction, which only carries a $250 fine.
Can you get a driver’s license without a Social Security card?
Yes—at least in California. The California DMV doesn’t require driver’s license applicants to show a Social Security card. However, you will need to provide a Social Security number (SSN).
How long will it take to reinstate a suspended license in California?
If you go to a DMV office to get your license reinstated, it should be possible to get the reinstated license the same day.
