When someone is put on DUI probation, they are ordered not to drive without a valid driver's license. You have to go through the DMV to get a valid driver's license – whether a temporary driver's license or a full driver's license.

Typically, related to DUI cases, you're going to need to get an SR22 proof from your insurance company that you're able to drive and you have liability insurance. Also, you're going to have to be enrolled in a first-offender alcohol program and have to pay some fees.

For DUI cases, I have my clients go to the DMV, find out exactly what they need to get their driver's license back, and drive lawfully.

Because the answer to what will happen to you if you're caught driving on a suspended license related to a DUI is that you will face mandatory jail time, they don't mess around with these types of cases. They don't want people on the road who they consider dangerous because of drinking and driving. Vehicle Code 14601.2 makes it a crime for anyone to drive with a suspended license because of a DUI or DUI causing injury conviction. The potential consequences are severe, and it's crucial to understand the gravity of the situation.

We can sometimes avoid jail time, but it's not easy. When you get a 14601.2 or 14601.1 of the Vehicle Code, you're looking at jail time, and it's tough to get the prosecutors and the judge to waive any jail time.

So, this is where we have to do some real lawyering. This involves gathering evidence and presenting a strong argument to show why you were driving. We're going to try and show that you weren't dangerous at the time, and that you weren't drinking and driving. This could involve presenting witness statements, surveillance footage, or other evidence to support your case.

When you do this, not only do you pick up a new open case for driving on a suspended license related to a DUI in Los Angeles, but you also violate your probation for your DUI.

So, you're subject basically to double punishment. In other words, they can punish you for the open case, and they can also punish you because you violated the terms and conditions of your DUI probation.

So, if you have driving on a suspended license case, we're also going to want to try to get your driver's license. In other words, the next question the judge and prosecutors are going to have is, why don't they have their driver's license?

Okay, well, the DMV suspended it. Alright, well, then they can't drive. So, the closer you are to getting your driver's license, the stronger our argument will be to keep you out of jail.

Defenses To Driving On A Suspended License Related To DUI 

One defense is that you didn't know. In other words, you didn't know that your driver's license was suspended. The best way for them to prove that you did learn is to show some good service.

Lack of Knowledge of License Suspension

In other words, did the judge tell you in court that you could not drive without a driver's license, but you also have to know that the license was suspended? So, the judge can tell you, don't drive without a valid driver's license, but if you say, wait a minute, I didn't know the license was suspended – the Judge would have to tell you in court, this would be the best service. Your license is suspended. Do not drive on it. You can't go until this date.

Lack of Effective Notice From DMV

Another effective way is if a police officer tells you and is ready to testify, "Hey, I told him his license was suspended, and then you can drive after that." The last way is if the DMV can give you adequate notice. Just sending a letter in the mail is not good enough.

They'll have to send a certified letter to prove that you got the letter and that you noticed your driver's license was suspended. A lot of this is common sense. If you are driving on a suspended license and you're afraid you will end up in jail, you better get an attorney.

Let's figure out exactly how we can get that license because sometimes, we can get the driver's license when the case is pending. That helps us avoid the conviction for the 14601.2 of the Vehicle Code.

Negotiation With Prosecutor for Reduced Charge

It also helps avoid jail time. Maybe we can reduce it to Vehicle Code 12500, driving without a license in Los Angeles. That has no mandatory jail time, and we can avoid you having to spend some time in jail—away from your job and away from your family.

So, pick up the phone. Make the call. We can talk about your DUI case, any probation violation you might have, and, if you have a driving on a suspended license case, we can figure out how to help you with it. Remember, seeking legal advice and representation is not just an option; it's a necessity in these complex legal matters.