§ 14601.1(a) VC – Driving on a Suspended License

California Vehicle Code § 14601.1(a) VC makes it a crime to drive a motor vehicle when you know that your driver’s license is currently suspended or revoked. This offense is a misdemeanor punishable by up to 6 months of jail time and a fine of up to $1000 plus court costs.

Examples

• driving a car after having a license suspended for DUI (a crime under Vehicle Code 23152a VC).
• operating a vehicle after license revocation for being a habitual traffic offender.
• driving during a period of suspension for refusing to submit to a chemical test.

The language of the code section states that:

14601.1. (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. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.

Defenses

You can raise a legal defense to challenge a charge under this statute. Common defenses include:

• no knowledge,
• no suspension, and/or
• necessity.

Penalties

A violation of this statute is a misdemeanor. This is opposed to a more serious offense like a felony charge or a less serious offense like an infraction.

The offense is punishable by:

• custody in county jail, and/or
• substantial fines.

A judge can award misdemeanor (or summary) probation in lieu of jail time.

Our California criminal defense attorneys will highlight the following in this article:

• 1. When is it a crime to drive on a suspended license?
• 2. Are there legal defenses?
  • 2.1 No knowledge
  • 2.2 No suspension
  • 2.3 Necessity
• 3. What are the 14601.1(a) VC penalties?
  • 3.1 Reckless, negligent, or incompetent driving – VC 14601
  • 3.2 Driving under the influence of alcohol or drugs – VC 14601.2
  • 3.3 Habitual traffic offenders – VC 14601.3
  • 3.4 Refusing to submit to a chemical test or driving with an unlawful BAC – VC 14601.5
  • 3.5 License suspension or revocation for other reasons – VC 14601.1
• 4. Are there immigration consequences?
• 5. Can I get a conviction expunged?
• 6. Does a conviction affect gun rights?
• 7. Are there related criminal offenses?
  • 7.1 Driving without a license – VC 12500
  • 7.2 Failing to present a driver’s license – VC 12951
  • 7.3 Unlawful use of a driver’s license – VC 14610

1. When is it a crime to drive on a suspended license?

A prosecutor must prove the following to convict you under VC 14601.1(a):

1. you drove a motor vehicle while your driving privilege was suspended or revoked, and
2. when you drove, you knew that your driving privilege was suspended or revoked.¹

Note that you:

• must actually know that your license was suspended,
• to be guilty under this statute in the state of California.²

This knowledge is presumed if all of the following are true:

1. the DMV (Department of Motor Vehicles) mailed a notice to you telling you that your driving privilege had been suspended/revoked,
2. the notice was sent to your most recent address, and
3. the notice was not returned to the department as undeliverable or unclaimed.

Los Angeles prosecutions

The L.A. County D.A.’s office will generally not prosecute VC 14601.1 cases unless you have been a repeat offender in the prior 24 months.³

2. Are there legal defenses?

You can try to beat criminal charges under this statute with a good legal defense.

Three common defenses are:

1. no knowledge,
2. no suspension, and/or
3. necessity.

2.1. No knowledge

Recall that you are only guilty of this statute if:

1. you drove on a suspended license, and
2. you knew that your license was suspended/revoked.

This means it is a legal defense for you to say that you did not have this knowledge.

Example: The California DMV suspends Tina’s driver’s license for accumulating too many points and becoming a negligent operator. The notice of suspension is mailed to an old address and she never becomes aware of it. Officers from the local law enforcement agency pull her over for a broken taillight and discover that she is driving on a suspended license. Tina is not liable

2.2. No driver’s license suspension

You can only be guilty under these laws if your license was suspended. Therefore, it is a defense for you to show that you had a legal license when caught driving.

2.3. Necessity

Under a necessity defense, you essentially try to avoid guilt by showing that:

• you had a sufficiently good reason,
• to commit the crime.

People sometimes refer to this defense as “guilty with an explanation.” In the context of this statute, you could attempt to show that you committed the crime since you had no other choice. Perhaps, for example, you drove because of an emergency.

3. What are the 14601.1(a) VC penalties?

A violation of this section is a misdemeanor offense.

Note that the exact punishment that you receive will depend on why your license was previously suspended.

Further, punishments will be determined by the following statutes:

• Vehicle Code 14601 VC,
• Vehicle Code 14601.2 VC,
• Vehicle Code 14601.3 VC,
• Vehicle Code 14601.5 VC, and
• Vehicle Code 14601.1 VC.

3.1. Reckless, negligent, or incompetent driving – VC 14601

This statute punishes you if you:

1. drove on a suspended license, and
2. received a license suspension for reckless driving, negligent driving, or incompetent driving.⁴

In these situations, you will receive the following punishment:

• informal probation for up to three years,
• custody in county jail for five days to six months, and/or
• a maximum fine of $1,000.⁵

3.2. Driving under the influence of alcohol or drugs – VC 14601.2

This statute punishes you if you:

1. drove on a suspended/revoked license, and
2. received a license suspension because of a DUI conviction.⁶

In these situations, you will receive the following punishment:

• informal probation for up to three years,
• imprisonment in county jail for 10 days to six months,
• a maximum fine of $1,000, and/or
• installation of a certified ignition interlock device.⁷

3.3. Habitual traffic offenders – VC 14601.3

This statute punishes you if you:

1. drove on a suspended license, and
2. received a license suspension for being a habitual traffic offender.⁸

In these situations, you will receive the following punishment:

• informal probation for up to three years,
• a jail sentence for up to 30 days, and/or
• a maximum fine of $1,000.⁹

3.4. Refusing to submit to a chemical test or driving with an unlawful BAC – VC 14601.5

This statute punishes you if you:

1. drove on a suspended license, and
2. received a license revocation for refusing to submit to a chemical test or drove with an unlawful BAC.¹⁰

In these situations, you will receive the following punishment:

• informal probation for up to three years,
• custody in county jail for up to six months, and/or
• a maximum fine of $1,000.¹¹

3.5. License suspension or revocation for other reasons – VC 14601.1

This is a catch-all statute that punishes you if you:

1. drove on a suspended/revoked license, and
2. received a license suspension for any reason not previously mentioned.¹²

In these situations, you will receive the following punishment:

• informal probation for up to three years,
• custody in county jail for up to six months, and/or
• a maximum fine of $1,000.¹³

4. Are there immigration consequences?

Driving on a suspended license will not impact your immigration status.

Sometimes non-citizens can be deported or marked as inadmissible after being convicted of a California crime. For example, a non-citizen defendant will be deported if convicted of a crime involving moral turpitude.

A conviction under this statute, however, will not result in deportation.

5. Can I get a conviction expunged?

You can get an expungement if convicted under this statute.

A judge will award an expungement if the following are true:

• you completed probation (if imposed), or
• you completed your jail term (if imposed).

Note that a judge may even award an expungement if you committed a probation violation.

6. Does a conviction affect gun rights?

A conviction under these laws does not adversely affect your gun rights.

Some California crimes result in you losing your rights to:

• own a gun,
• purchase a gun, and
• possess a gun.

Driving on a revoked license, though, will not affect gun rights.

7. Are there related criminal offenses?

There are three crimes related to suspended license charges under California traffic law. These are:

1. driving without a license – VC 12500,
2. failing to present a driver’s license – VC 12951, and
3. unlawful use of a driver’s license – VC 14610

7.1. Driving without a license – VC 12500

Vehicle Code 12500a VC makes it unlawful to drive in California without a valid driver’s license.

Note that the driver’s license does not have to be from California. It can be from any jurisdiction as long as:

1. it was issued by the state or country in which you reside, and
2. it is currently valid for the type of vehicle you are driving.

7.2. Failing to present a driver’s license – VC 12951

Vehicle Code 12951 VC is the California statute that makes it a crime to:

1. drive without a valid license in your possession, or
2. refuse to show that license to a police officer.

Note that it is possible to be charged under both:

• VC 12500, and
• VC 12951.

7.3. Unlawful use of a driver’s license – VC 14610

Vehicle Code 14610 VC is the statute that makes it a crime to unlawfully use a driver’s license.

Unlawful use is when you:

• possess a suspended or canceled license,
• lend a driver’s license to another person,
• refuse to surrender a suspended license,
• allow a person to unlawfully use a license, and
• duplicate or alter a license.

Additional Reading…

Learn about other California non-moving and moving violations, including driving without proof of insurance / liability insurance (VC 16028(a)).

For information on similar traffic offenses in Nevada or Colorado, please see our articles on:

• “NRS 483.560 – Driving on a Suspended License in Nevada,” and
• “CRS 42-2-138 – Colorado Driving Under Restraint (DUR) Laws.”

Legal References: