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Driving On Suspended License

The Lowenstein Law Office specializes in Driving on Suspended Driver’s License (”DSDL”) cases in all Southern California counties. If you have been arrested or cited for a DSDL charge, please call our toll free number today for a consultation.

Most people do not realize that they can have their driver’s license suspended or revoked by the DMV for numerous different reasons (i.e., DUI, FTA warrant, too many traffic violation points, medical issues, vandalism, possession of drugs, minor in possession of alcohol, failure to pay child support, civil default judgment, failure to carry an auto liability insurance policy, failure to file an SR1 traffic collision report after an auto accident, etc.). In some cases, a person may not even know that his/her driver’s license is suspended or revoked until it is too late and he/she has been arrested or cited for DSDL.

Even more alarming are the potential consequences of being caught driving on a suspended driver’s license.

a DSDL charge is a misdemeanor criminal charge, not a traffic infraction.
you can be arrested for a DSDL charge, whether you knew your driver’s license was suspended or not.
if arrested, you can be handcuffed and taken into custody and ultimately housed at the county jail until you post bail or appear in court.
if arrested or cited for a DSDL charge, your vehicle can be impounded for up to 30 days and possibly sold.
if arrested or cited for DSDL charge, you will be required to appear in the criminal court unless you hire an attorney to appear on your behalf.
if convicted of a DSDL charge, you can be placed on probation for years and be required to pay fines of up to a thousand dollars (not including a penalty assessment) and serve county jail time of up to six months.
if convicted of a DSDL charge, the court and prosecutor’s office can use that conviction as a “prior” to increase your punishment in the future if you ever get a second or subsequent DSDL charge.

However, there are ways to defend and/or reduce a DSDL charge, as well as minimize the potential consequences of a conviction.

The prosecutor’s office must prove that

you were driving a vehicle,
your driver’s license was suspended/revoked at the time of driving, and
you knew that your driver’s license was suspended/revoked at the time of driving.

Even though a DSDL charge may not be a serious criminal charge, the charge itself can be a very stressful ordeal, let alone a conviction. That is why you should consult with an attorney before attempting to handle these types of matters on your own.

If you have been arrested for DUI, you will have to deal with both the criminal justice system and the DMV.

Indeed, you must contact a lawyer immediately so that the attorney can request an Admin Per Se hearing from the DMV. This must be done within ten days of your arrest in order to protect your right to a hearing so that your driving privilege is not suspended for four months.

These matters are difficult, but the can be successfully defended both in court and at the DMV.

Unlike the criminal process at Court, the DMV is a civil matter, run by their Office of Driver Safety.

The DMV hearing officer acts as both judge and prosecutor in this procedure. They are only interested in three issues:

1) Did the arresting officer have reasonable cause to believe that you were driving under the influence;

2) Was the arrest lawful, and;

3) Was your blood alcohol an .08 or higher at the time of driving.

A DMV hearing is won or lost based on technical issues that The Lowenstein Law Office attorneys know.

The charge of driving under the influence actually consist of two charges: 23152(a)V.C. “driving under the influence of drugs or alcohol (or both)” and, 23152(b) V.C. “driving with a blood alcohol level of .08 or higher.” The punishment is the same whether you plead to either offense.

If you are convicted of either charge, it counts as two points against your negligent operator count at the DMV.

Conviction on either count is “priorable” for the next seven years. If you are arrested again for a DUI within that time, it will count as a second offense requiring mandatory jail time and a license suspension for one year.

Since what happens at the Court and what happens at the DMV are separate procedures, it is possible to be found guilty in the criminal case, but still win the DMV hearing. On the other hand, if you were actually acquitted in court of the DUI charge, and had previously lost your DMV hearing, you would then have the right to force the DMV to return your license and set aside their suspension.

If you are convicted of a DUI, you will be required, during the three years that you are on probation, to maintain proof of insurance on file with the DMV. If it should lapse during that time, the DMV will suspend your license.

If you are caught driving while your license is suspended for a DUI conviction, the mandatory minimum jail term is 10 days.

In addition to DUI suspensions, if you should plead guilty to even an infraction for possession of marijuana the DMV will suspend your driving privilege for six months.