California Vehicle Code § 14601.2(a) VC makes it a misdemeanor.crime to drive a motor vehicle while your license is suspended or revoked for driving under the influence of alcohol (DUI). Even a first-time conviction carries a minimum of 10 days in jail.
In this article, our California criminal defense attorneys discuss the following topics:
1. Elements of 14601.2(a) VC
For you to be convicted of violating 14601.2(a) VC, prosecutors must prove beyond a reasonable doubt the following three elements of California Criminal Jury Instruction (“CALCRIM”) 2220:
- You drove a vehicle when your driving privileges were suspended or revoked;
- Your driving privileges were suspended or revoked for a conviction of either 23152 VC (DUI), or 23153 VC (DUI causing injury); and
- You knew that your driving privileges were suspended or revoked.1
Note that the court presumes you knew of the suspension/revocation if the DMV mailed you notice of it.2
Violating 14601.2(a) VC is a misdemeanor in California.
2. Defenses
Here at Shouse Law Group, we have represented literally thousands of people accused of California traffic offenses such as driving on a DUI-suspended license. In our experience, the following three defenses have proven very effective at getting 14601.2(a) VC charges reduced to infractions or dismissed.
- You were unaware of the suspension: If you genuinely did not know that your license was suspended, then it is not a crime to drive. However, this defense rarely works if the DMV mailed you a notice of the suspension.
- You were not driving: Perhaps you were just sitting in the driver’s seat without the engine running. Or perhaps someone else was driving, and the police mistakenly thought it was you. Unless the D.A. can prove you were operating a motor vehicle, charges cannot stand.
- You were not convicted of DUI. If your license suspension was due to non-DUI reasons, your charge should be lowered to driving on a suspended license under 14601(a) VC (which carries no mandatory jail time). Typical evidence in these cases is past court records.
Driving on a DUI-suspended license carries at least 10 days in jail for a first offense.
3. Penalties
Driving on a license that was suspended or revoked due to driving under the influence is a misdemeanor in California. A first-time conviction of violating 14601.2(a) VC is:
- 10 days to 6 months in jail and/or
- a fine of up to $1,000.3
A second-time conviction within five years from the first carries:
- 30 days to 1 year in jail and/or
- a fine of up to $2,000.4
Note that you still must serve the minimum jail term even if the judge grants you misdemeanor probation.
The DMV mailing you a notice of suspension/revocation makes it more difficult to with a 14601.2(a) VC case.
4. Related Crimes
DUI – 23152 VC
Vehicle Code 23152(a) VC makes it a California crime to operate a motor vehicle “under the influence” of alcohol. “Under the influence” means your physical or mental abilities are impaired to the extent that you can no longer drive as well as a cautious sober person.5
23152(a) VC is the “subjective” standard for DUI. In contrast, Vehicle Code 23152(b) VC sets forth DUI’s “per se” standard: Driving with a blood alcohol content (BAC) of 0.08% or higher whether you are impaired or not.
First, second and third offense DUI charges are prosecuted as misdemeanors in California. Penalties include:
- misdemeanor probation,
- fines,
- DUI school,
- a driver’s license suspension, and/or
- installation of an ignition interlock device in your car.
Driving on a Suspended License – 14601(a) VC
Vehicle Code 14601(a) VC makes it a California crime to drive on a license that was suspended/revoked for non-DUI reasons. You are presumed to “know” that your license was suspended or revoked if the DMV mailed you a notice of suspension or revocation.6
Driving on a suspended license is a misdemeanor with a first-time conviction carrying up to six months in jail and/or $1,000.7 A second offense within five years of the first carries up to one year in jail and/or $2,000.8
Driving on a Suspended or Revoked License Causing Bodily Injury – 14601.4 VC
Vehicle Code 14601.4 VC makes it a California crime to:
- drive on a suspended or revoked license and
- cause bodily injury to another person in the course of driving.9
A first-time conviction carries up to six months in jail and/or $1,000.10 A second offense within five years of the first carries up to one year in jail and/or $2,000.11
Driving on a suspended license is a more serious offense if the reason for the suspension was DUI.
Additional Resources
For related information, refer to the following:
- Alcoholics Anonymous – 12-step program for overcoming alcoholism.
- Drunk Driving Overview – NHTSA page on drunk driving statistics and prevention.
- Impaired Driving: Get the Facts – CDC fact sheet on impaired driving.
- Driving Under the Influence (DUI) – California DMV page on driver license suspension for DUIs.
- MADD – Non-profit organization devoted to stopping drunk driving.
Legal References:
- California Vehicle Code 14601.2(a) VC.
(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.
CALCRIM 2220 – Driving with Suspended or Revoked Driving Privilege. - California Vehicle Code 14601(c) VC. See also People v. Esparza (Cal. App. 6th Dist. 2015), 242 Cal. App. 4th 726; People v. Matas (1988) 200 Cal.App.3d Supp. 7; People v. Gutierrez (1998) 65 Cal.App.4th Supp. 1; People v. Roder (1983) 33 Cal.3d 491; In re Murdock (1968) 68 Cal.2d 313.
- California Vehicle Code 14601.2(d)(1) VC.
- California Vehicle Code 14601.2(d)(2) VC.
- California Vehicle Code 23152(a) VC.
- California Vehicle Code 14601 VC.
- See same.
- See same.
- California Vehicle Code 14601.4 VC.
- California Vehicle Code 14601.4(b) VC. See also California Vehicle Code 14601.2 VC.
- See same.