Driving on a Suspended License in California
Vehicle Code 14601 vc

California Vehicle Code 14601 and its related sections prohibit driving when you know that your driver’s license has been suspended or revoked.¹ These offenses are misdemeanor crimes, subjecting you to possible county jail time and substantial fines.

In order to understand better California’s driving laws...specifically as they relate to Vehicle Code 14601 vc driving on a suspended or revoked driver’s license...our Los Angeles criminal defense attorneys will address the following:

Overview of Driving on a Suspended or Revoked License in California

California Vehicle Code 14601(a) VC -- Privilege Suspended / Revoked for Specific Offenses

Vehicle Code 14601.1(a) VC -- Privilege Revoked / Suspended for General Offenses

Vehicle Code 14601.2(a) VC -- Privilege Suspended /Revoked for DUI

Vehicle Code 14601.3(a) VC -- Habitual Traffic Offenders

Vehicle Code 14601.5(a) VC -- Suspensions / Revocations in General

How Does the Prosecutor Prove that I was Driving on a Revoked / Suspended License?

Penalties, Punishment, and Sentencing for California Vehicle Code 14601 VC Offenses

How Do I Fight a Vehicle Code 14601 VC Charge that I was Driving on a Suspended / Revoked License?

If, after reading this article, you have additional questions, we invite you to contact us.

You may also find helpful information in our related articles on California Vehicle Code 12500 VC Driving without a License, The Knowledge and Notice Requirements Necessary to Prove a 14601 VC Violation, A Comprehensive Guide to Understanding the Penalties for Vehicle Code 14601 Offenses, California DMV Negligent Operator Hearings, and License Suspensions Due to Physical and/or Mental Conditions.

Overview of Driving on a Suspended or Revoked License in California

Although the aforementioned 14601 California Vehicle Code violations are all separate crimes, each one pertains to the same type of offense...driving in California while your driver’s license is suspended or revoked.

Before you can be convicted of any of these charges, prosecutors must prove that you were driving with the knowledge that you weren’t permitted to do so.

It is important to understand that this knowledge requirement is a key difference between Vehicle Code 14601 offenses and Vehicle Code 12500 (which prohibits driving without a valid license).²

California Vehicle Code 12500 vc is a less serious offense than Vehicle Code 14601. It carries a shorter maximum jail sentence and less fines. In addition, it isn’t a "priorable" offense like 14601 vc (discussed below in the Punishment and Penalties section).³

For more information about driving without a license, please visit our page on California Vehicle Code 12500 a vc | Driving without a License.

But for now, let’s begin by taking a look at each California Vehicle Code 14601 section individually, and then we’ll discuss the elements that are common to them all.

California Vehicle Code 14601 (a) vc -- Privilege Suspended / Revoked for Specific Offenses

California Vehicle Code section 14601 (a) forbids you from driving a car, motorcycle, or other vehicle when you know that the DMV has suspended or revoked your California driver’s license due to

1. reckless driving,



2. alcohol and/or drug abuse,



3. a mental and/or physical disability that prevents you from driving safely, or



4. being declared a "negligent" or "incompetent" driver.⁴

Please note that in addition to helping you fight your criminal charges relating to driving on a suspended or revoked license, we also assist clients with California DMV hearings.⁵ If you were recently notified by the DMV that it intends to suspend or revoke your license because of

• alleged negligent operation, or



• an alleged physical and/or mental issue,

call us. We can appear at your California DMV negligent operator hearing or challenge your license suspension due to a physical and/or mental condition. But you must act quickly...you only have ten days to request a hearing once the DMV notifies you about the suspension / revocation.

California Vehicle Code 14601.1 (a) vc -- Privilege Revoked / Suspended for General Offenses

Vehicle Code 14601.1 (a) vc serves as the "catch-all" for violations that relate to driving on a revoked or suspended CDL. This section makes it illegal for you to drive when you know that the DMV has suspended or revoked your license for any reason that wasn’t mentioned above under Vehicle Code 14601 or below under sections VC 14601.2 or VC 14601.5.⁶

California Vehicle Code 14601.2 (a) vc -- Privilege Suspended /Revoked for DUI

California Vehicle Code section 14601.2 (a) punishes you for driving if you knew your license was revoked or suspended because of a DUI conviction. This is the most serious of the Vehicle Code 14601 violations.⁷

It carries a minimum 10-day county jail sentence for a first offense and a minimum 30-day county jail sentence for a second.⁸ California law also requires the installation of a California ignition interlock device (commonly referred to as an "IID") for a 14601.2 (a) conviction.⁹ An IID is a mini-breathalyzer instrument that attaches to your car, preventing its operation unless and until you provide an alcohol-free breath sample.

California Vehicle Code 14601.3 (a) VC -- Habitual Traffic Offenders

California Vehicle Code section 14601.3(a) VC prohibits you from habitually driving on a suspended or revoked license. You can be convicted under this section...and declared a Habitual Traffic Offender...if

1. your California license was suspended or revoked,



2. during a twelve month period when



3. you were convicted of or involved in any combination of the offenses / accidents below:

• two or more serious driving-related crimes such as Vehicle Code 23103 reckless driving,¹⁰ Vehicle Code 23152 driving under the influence "DUI",¹¹ Vehicle Code 23109 "Exhibition of Speed", or another California Vehicle Code14601 violation,



• three or more "general" moving violations (speeding, for example), or



• three or more accidents where someone was injured and/or the property damage totaled at least $750.¹²

California Vehicle Code 14601.5 (a) vc -- Suspensions / Revocations in General

California Vehicle Code section 14601.5 (a) vc makes it a crime to drive when you know your California driver’s license has been suspended or revoked due to

1. refusing to submit to a California DUI chemical blood, breath, or urine test,



2. suffering a California DUI while under 21 when you either:




(a) refused to submit to a Preliminary Alcohol Screening (PAS) test, or


(b) had a DUI blood alcohol concentration (BAC) of 0.01% or greater,




3. refusing to submit to a PAS (or other chemical test if a preliminary alcohol screening device was unavailable) when you were suspected of driving under the influence of alcohol while on probation for drunk driving,



4. driving with a BAC of 0.01% or greater while on probation for a California DUI,



5. driving with a blood alcohol concentration of 0.08% or greater under Vehicle Code 23152b, or



6. driving with a BAC of 0.04% or greater while you were driving a vehicle that required you to have a commercial license.¹³

How Does the Prosecutor Prove that I was Driving on a Revoked / Suspended License?

There are only two facts that a prosecutor must prove in order to convict you of a California Vehicle Code 14601, 14601.1, 14601.2 or 14601.5 violation:

1. you drove while your California driver’s license was suspended or revoked, and



2. you knew your California driver’s license was suspended or revoked at the time.¹⁴

Since the first fact is pretty basic, we’ll focus on the second.

There are several ways that prosecutors can prove that you "knew" your license was revoked or suspended...and just as many ways for a defense attorney who specializes in California driving laws to rebut this knowledge.

Below is a brief outline of the three ways that knowledge can be proven. For a more in-depth analysis of how these are actually applied, please review our article "The Knowledge and Notice Requirements Necessary to Prove a 14601 VC Violation".

Proving "knowledge" under California Vehicle Code 14601 VC

California driving law presumes that you had knowledge of your driver’s license suspension or revocation if:

1. the California DMV mailed you notice via 1st class mail,



2. a police officer told you about the suspension or revocation when you were arrested for driving under the influence (or any of the other violations listed under 14601.5 (a) above), or



3. a judge informed you of the suspension / revocation at the time he/she sentenced you for one of the violations that results in a suspension / revocation.¹⁵

This means that if the prosecuting agency can show that the above steps were met, the judge/jury may...but are not required to...infer that you knew your license was revoked or suspended.¹⁶

It is therefore up to you and your California criminal defense attorney to challenge that presumption in order to establish your innocence.

It is important to understand that after your suspension "expires", you are still not allowed to drive until you take affirmative steps to have your driving privilege reinstated. This means that if, for example, you were given a one-year suspension...and then drove once that suspension expired...you could still be prosecuted for driving on a suspended license unless:

1. you took the proper steps with the DMV to regain your driving privilege, or



2. you proved to the court that you completed all of your probation requirements.

Penalties, Punishment, and Sentencing for California Vehicle Code 14601 Offenses

Vehicle Code sections 14601, 14601.1, 14601.2, 14601.3, and 14601.5 VC...driving on a suspended license...are all priorable misdemeanor offenses. "Priorable" means that your penalty necessarily increases with each subsequent conviction within a five-to-seven year period, depending on the exact 14601 VC violation.

The punishment for any of these offenses may include probation, jail time, and/or substantial fines.

Your punishment or penalties in any given case depends on

1. the reason your license was suspended,



2. whether you suffered prior convictions for driving with a suspended license, and



3. your driving history (which includes out-of-state convictions for driving-related offenses).

Generally, penalties are higher if the license was suspended or revoked because of

• a DUI conviction,



• a California vehicular manslaughter conviction¹⁷, or



• a finding that the driver is a habitual traffic offender.

If you are declared a California "Habitual Traffic Offender" or "HTO" under Vehicle Code 14601.3, you face

• an increased county jail sentence,



• a mandatory vehicle impound, and



• a permanent revocation of your California driving privilege.¹⁸

This simply serves as a summary of the types of sentences that are imposed in connection with driving on revoked or suspended license cases. For a closer look into the actual penalties associated with the above listed Vehicle Code 14601 VC offenses, please review our article "A Comprehensive Guide to Understanding the Penalties for Vehicle Code 14601 Offenses".

It should be noted that if you have the misfortune of being arrested for this offense while you have an outstanding California bench warrant or a California arrest warrant, you will receive harsher punishment.

If you know...or even suspect...that you may have an outstanding California arrest warrant or a pending California bench warrant, you should immediately contact a California criminal defense lawyer to discuss your legal options.

How Do I Fight a California Vehicle Code 14601 VC Charge that I was Driving on a Suspended / Revoked License?

There are a variety of defenses that a California criminal defense attorney who specializes in California driving offenses could argue on your behalf. Below is a sample of some of the most common defenses to fighting California Vehicle Code 14601 violations.

Lack of Knowledge

California vehicle code violations for driving on a revoked or suspended license revolve around the same key fact for prosecutors and defense attorneys: knowledge. The state must prove not just that your license was suspended...they must prove that you knew it was suspended.

If your notice of the suspension / revocation was mailed, the notice could have gone to an old address or gotten lost. Maybe you were never actually told of your suspension by a judge or other law enforcement officer. These are the types of defenses that seasoned California criminal defense lawyers know how to assert.

You were driving on a "restricted" California driver’s license

Driving within the scope of a restricted California driver’s license may be raised as a defense where applicable. That said, even when this defense is applicable, it only applies to California Vehicle Code sections 14601.2 and 14601.5.

"Restricted" driving privileges are sometimes available to those who present a "critical need" to drive.¹⁹ If granted, you will be able to drive

1. to and from work and/or school,



2. to and from a California court-ordered DUI school, or



3. anywhere the court permits, even while your license is otherwise revoked or suspended.

If, however, you are found driving outside the scope of your precise restriction, you will be prosecuted for the offense, and your restricted privilege will be revoked.²⁰

Your California driver’s license suspension / revocation was invalid

Many times, your suspension or revocation may have been unlawful to begin with. There could have been errors in evidence from your previous convictions which led to your license being revoked or suspended.

When this is the case, your current charged California Vehicle Code 14601 suspension / revocation charges must be dismissed.

Plea bargains and dismissals

In practice, prosecutors are often willing to reduce California Vehicle Code 14601 driving on suspended license cases

• to lesser offenses (such as Vehicle Code 12500 driving without a valid license),



• to non-criminal infractions (such as moving violations), or



• to dismiss them altogether.

As Ventura County criminal defense lawyer Darrell York explains²¹, "This is especially true if you have little or no criminal history and take steps to get your driver’s license reinstated prior to the resolution of your case. Whenever I have a client charged with a 14601 VC violation, I always try to stay the proceedings long enough to allow my client to clear up the suspension / revocation so that we can favorably resolve the case."

If you have additional questions about California’s driving laws or would like to discuss your case confidentially with one of our California "driving on a suspended or revoked license" defense attorneys, please don’t hesitate to contact us.

We have local criminal law offices in Los Angeles, the San Francisco Bay area, San Jose, Ventura, Orange County, San Bernardino, Rancho Cucamonga, Riverside, the San Fernando Valley, San Diego, and many nearby areas.

Additional Resource:

California Department of Motor Vehicles-
Includes publications about driving offenses and penalties and offers access to the California Vehicle Code.

Legal References:

¹California Vehicle Code sections 14601-14601.5 VC all prohibit knowingly driving on a suspended or revoked driver’s license. Each code section addresses a different type of licenses suspension (for example, 14601.2 deals with driving on a suspended license due to a California DUI).

²California Vehicle Code 12500 VC -- License requirements... ("(a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.")

³California Vehicle Code 12500 VC "driving without a license" carries a maximum county jail sentence of six months and a maximum $1,000 fine. This penalty remains the same, regardless of how many times you are convicted of this offense. See California Penal Code19 -- Punishment for misdemeanor; punishment not otherwise prescribed. ("Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.")

⁴California Vehicle Code 14601(a) -- Driving when privileges suspended or revoked for certain offenses; knowledge; punishment; driving on private property; requiring installation of ignition interlock device. ("(a) No person shall drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for reckless driving in violation of [California Vehicle Code] Section 23103, 23104, or 23105, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5, if the person so driving has knowledge of the suspension or revocation.")

⁵Once you are notified that the DMV intends to suspend or revoke your California driver’s license, you have ten days to request a California DMV hearing to contest the suspension / revocation.

⁶California Vehicle Code 14601.1 VC -- Driving when privilege revoked or suspended for other reasons. ("(a) No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason other than those listed in Section 14601, 14601.2, or 14601.5, if the person so driving has knowledge of the suspension or revocation.")

⁷California Vehicle Code 14601.2 -- Driving when privilege suspended or revoked for driving under the influence of alcoholic beverage or drug; compliance with restriction; punishment. ("(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.")

⁸See same, 14601.2. ("(d) A person convicted of a violation of this section [California Vehicle Code 14601.2a VC] 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 [driving on a suspended or revoked driver’s license] 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.

⁹See same, 14601.2. ("(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.")

¹⁰California Vehicle Code 23103 -- 23103. Reckless driving. ("(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of [California Vehicle Code] Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

¹¹California Vehicle Code 23152 -- Driving under influence; blood alcohol percentage; presumptions. ("(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.")

¹²California Vehicle Code 14601.3 -- Habitual traffic offender; accumulation of driving record history while driving privilege suspended or revoked; penalty. ("(a) It is unlawful for a person whose driving privilege has been suspended or revoked to accumulate a driving record history which results from driving during the period of suspension or revocation. A person who violates this subdivision is designated a habitual traffic offender. For purposes of this section, a driving record history means any of the following, if the driving occurred during any period of [the California driver’s license] suspension or revocation: (1) Two or more convictions within a 12-month period of an offense given a violation point count of two pursuant to Section 12810. (2) Three or more convictions within a 12-month period of an offense given a violation point count of one pursuant to Section 12810. (3) Three or more accidents within a 12-month period that are subject to the reporting requirements of Section 16000. (4) Any combination of convictions or accidents, as specified in paragraphs (1) to (3), inclusive, which results during any 12-month period in a violation point count of three or more pursuant to Section 12810.")

¹³California Vehicle Code 14601.5 -- Driving with knowledge of suspension, revocation, or restriction of driving privilege; punishment; reinstatement of driving privileges. ("(a) A person shall not drive a motor vehicle at any time when that person's driving privilege is suspended or revoked pursuant to Section 13353 [that is, refusing to submit to a California DUI chemical blood, breath, or urine test], 13353.1 [that is, suffering a California DUI while under 21when you either: (a) refused to submit to a Preliminary Alcohol Screening (PAS) test, or (b) had a DUI blood alcohol concentration (BAC) of 0.01% or greater], or 13353.2 [driving with a BAC of 0.01% or greater while on California probation for a DUI or driving with a blood alcohol concentration of 0.08% or greater under Vehicle Code 23152b] and that person 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 pursuant to Section 13353.7 or 13353.8 and that person has knowledge of the restriction.")

¹⁴California Jury Instructions – Criminal. CALJIC 16.640 Driving When License Suspended or Revoked. ("In order to prove this crime, each of the following elements must be proved: [1] A person drove a motor vehicle; [2] The person's driving privilege had been previously [suspended] [revoked] for __________; and [3] The person had knowledge that [his] [her] driving privilege had been [suspended] [revoked].")

¹⁵Each of the discussed Vehicle Code 14601VC violations includes this statement: "Knowledge of suspension, revocation, or restriction of the driving privilege shall be conclusively presumed if notice has been given by the department to the person pursuant to Section 13106." Vehicle Code 13106 VC -- Notice of suspension or revocation of driving privilege; presumptions; alternative methods for determining whereabouts of drivers. ("(a) When the privilege of a person to operate a motor vehicle is suspended or revoked, the department shall notify the person by first-class mail, of the action taken and of the effective date thereof, except for those persons personally given notice by the department or a court, by a peace officer pursuant to Section 13388 or 13382, or otherwise pursuant to this code. It shall be a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department pursuant to this section to the most recent address reported to the department pursuant to Section 12800 or 14600, or any more recent address on file if reported by the person, a court, or a law enforcement agency, and the notice has not been returned to the department as undeliverable or unclaimed.")

¹⁶See same.

¹⁷California Penal Code 192 defines vehicular manslaughter.

¹⁸California Vehicle Code 14601.3, endnote 8 above. ("(e)(3) Any habitual traffic offender designated under Section 193.7 of the Penal Code or under subdivision (b) of Section 23546, subdivision (b) of Section 23550, subdivision (b) of Section 23550.5, or subdivision (d) of Section 23566 who is convicted of a violation of Section 14601.2 shall be punished by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000). The penalty in this paragraph shall be consecutive to that imposed for the violation of any other law.")

¹⁹California Vehicle Code 13353.7 governs restricted driver’s licenses. In pertinent part, it provides that an individual "may apply to the department for a restricted driver's license limited to travel to and from the activities required by the [California court-ordered DUI school] program and to and from and in the course of the person's employment."

²⁰California Vehicle Code 14603 -- Violation of license restrictions. ("No person shall operate a vehicle in violation of the provisions of a restricted license issued to him.")

²¹Ventura County criminal defense lawyer Darrell York defends clients accused of all California criminal charges in Simi Valley and Oxnard, and in the Los Angeles County areas of Van Nuys, San Fernando, Pasadena, Burbank and Glendale.

Join us to discuss your DUI case at any of our
local offices: You can also contact us 24/7 at
888.327.4652 for a free consultation