§ 14601.2(a) VC – Driving with a License Suspended for DUI

Vehicle Code § 14601.2(a) VC makes it a crime to drive a motor vehicle when your license has been suspended or revoked for either driving under the influence of alcohol (DUI) or DUI causing injury.

The language of the code section states that:

14601.2. (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.

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

• 1. 14601.2(a) VC Explained
• 2. Fighting The Case
• 3. Penalties
• 4. Related Crimes

1. 14601.2(a) VC Explained

California Vehicle Code 14601.2(a) VC is the California statute that makes it a crime to drive with a suspended license after a DUI.

Under this code section, a prosecutor must prove three elements to show you are guilty of a crime. These are:

1. you drove a vehicle when your driving privileges were suspended or revoked;
2. your driving privileges were suspended or revoked for a conviction of either VC 23152 (DUI), or VC 23153 (DUI causing injury); and,
3. you knew that your driving privileges were suspended or revoked.¹

Regarding the third element, please note that you are presumed to have “knowledge” of a suspension if the DMV mailed you notice of a suspension.²

2. Fighting The Case

If you are accused under VC 14601.2(a), you can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed. Please note, though, that hiring a knowledgeable criminal defense attorney is critical to get the most effective defense.

Three common defenses are:

1. no knowledge of suspension;
2. not “driving;” and/or,
3. no prior DUI conviction.

No knowledge of suspension

You must know that your driving license was suspended to be guilty under Vehicle Code 14601.2. It is a strong legal defense, therefore, for you to show that you had no knowledge that your license had been suspended.

Since “knowledge” under this code section is presumed if the DMV mails a notice of suspension, you must show that the DMV failed to mail the applicable notice.

Not driving

You are only guilty under this code section if you are actually “driving” with a suspended license. This means it is a solid defense for you to show that you were not physically driving a car. For example, you can show that you were just sitting in the driver’s seat without the engine running.

No prior DUI conviction

Please recall that VC 14601.2 makes driving with a suspended license a crime only if you have been previously convicted of either DUI or DUI causing injury. Therefore, you could show your innocence by proving that you were never convicted of either VC 23152 or VC 23153.

Even with no prior conviction, you could still be found guilty of driving on a suspended license per VC 14601(a).

A violation of 14601.2(a) VC carries a maximum sentence of 6 months in jail on a 1st offense.

3. Penalties

A violation of Vehicle Code 14601.2(a) is charged as a misdemeanor.

A first-time conviction of the offense is punishable by:

• imprisonment in a county jail for 10 days to six months; and/or,
• a fine of up to $1,000.³

If you commit the offense a second time, within five years from the first offense, then you can be punished with:

• imprisonment in a county jail for 30 days to one year; and/or,
• a fine of up to $2,000.⁴

Instead of imprisonment, a judge can impose misdemeanor probation, or “summary” or “informal” probation.

4. Related Crimes

There are three crimes related to driving with a suspended license after a DUI conviction. These are:

1. DUI – VC 23152;
2. driving on a suspended license – VC 14601(a); and,
3. driving on a suspended or revoked license causing bodily injury – VC 14601.4.

DUI – VC 23152

Vehicle Code 23152(a) VC is the California statute that makes it a crime to operate a motor vehicle “under the influence” of alcohol.

Per VC 23152(a), “under the influence” means that your physical or mental abilities are impaired to the extent that you can no longer drive as well as a cautious sober person.⁵

VC 23152(a) DUI is the “subjective” standard for DUI. In contrast, Vehicle Code 23152(b) sets forth the “per se” definition of DUI, which in most cases is driving with a blood alcohol content (BAC) of 0.08% or higher.

First, second and third offense DUI charges are prosecuted as misdemeanors in California. Penalties for these offenses can 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 – VC 14601(a)

Vehicle Code 14601(a) VC is the basic statute that makes it a crime to drive on a suspended license.

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 charged as a California misdemeanor.

A first-time conviction of the crime is punishable by:

• imprisonment in the county jail for up to six months; and/or,
• a fine of up to $1,000.⁷

If a party commits the offense a second time, within five years from the first offense, then you can be punished with:

• imprisonment in a county jail for up to one year; and/or,
• a fine of up to $2,000.⁸

Driving on a suspended or revoked license causing bodily injury – VC 14601.4

California Vehicle Code 14601.4 VC is the California statute that makes it a crime to:

1. drive on a suspended or revoked license; and,
2. cause bodily injury to another person in the course of driving.⁹

A first-time conviction of the offense is punishable by:

• imprisonment in a county jail for up to six months; and/or,
• a fine of up to $1,000.¹⁰

If you commit the offense a second time, within five years from the first offense, then you can be punished with:

• imprisonment in a county jail for up to one year; and/or,
• a fine of up to $2,000.¹¹

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