I got my first DUI while driving with a suspended license. Will this affect my sentencing? 16 Answers as of October 20, 2010

I was driving on a suspended license (for traffic violations) when I got a DUI. Will the judge use this?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Driving on a suspended license is a separate offense which is also a misdemeanor. This means that the penalties are potentially greater and if convicted could result in a greater sentence.
Answer Applies to: California
Replied: 10/20/2010
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
Driving on a suspended license can be either a misdemeanor or an infraction. Because you are going to be charged with a misdemeanor DUI, chances are that the DA will also add the misdemeanor 14601 (driving on a suspended license) charge. It can carry additional penalties (fines and potential jail time). What you might actually get depends on what (if anything) you're convicted of, the facts of the case, your record and blood alcohol level.

Because of the jail potential, you need a lawyer. Do not forget about the 10 day window to request a hearing with the DMV to challenge your license getting suspended because of this - even though it is suspended for other reasons.
Answer Applies to: California
Replied: 10/20/2010
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
Yes, you know the judge and the district attorney will use your priors against you. You should hire an attorney so they can negotiate a disposition that avoids excessive DMV negligent operator pointstoo many traffic violations in 1 year can result in license suspension or DMV probation.
Answer Applies to: California
Replied: 10/20/2010
Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
Yes, especially if you are still on probation for driving on a suspended license in the same county where the DUI happened.In these cases, the penalty for violating your probation will be even worse than the penalty for the DUI.

Since every judge in every court in every county has a different outlook on this situation, it is impossible to guess about likely punishments. If you are still on probation, it will be very important to try to reduce the DUI to a lesser charge, which should lead to lesser penalties on the violation.

There are many ways to challenge a DUI arrest. Did the officer have probable cause to stop you? Which field sobriety tests did the officer use? Were the breath machines properly maintained, calibrated and operated? What was your alleged blood alcohol content?

Depending on the answers to these questions, you may be able to obtain a reduced charge and a reduced sentence. But first, you must request an Administrative Hearing with the DMV within 10 days of your arrest, to protect your driver's license.

If you would like to discuss the specific facts of your case, please call my office.
Answer Applies to: California
Replied: 10/20/2010
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It is the basis for a separate misdemeanor offense and yes the judge will consider it an aggravating factor on the DUI itself and may impose a harsher sentence.
Answer Applies to: California
Replied: 10/20/2010
    Wise Law Group
    Wise Law Group | Michael J. Wise, Esq
    The judge and the district attorney will likely consider your status relevant. In fact you will most likely be charged with vc 14601 - driving on a suspended license.
    Answer Applies to: California
    Replied: 10/19/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You will be charged with 23152(a), 23152(b), and a 14601.1. The last charge is the driving on a suspended license charge. The typical fine for a 14601.1 is $300 plus penalty assessment (it comes to about $1,300 after PA and court costs). If you are able to take care of the traffic violations and get a valid license many times it will be reduced to a 12500. An attorney will be able to assist you in both the DUI and the suspended license charge.
    Answer Applies to: California
    Replied: 10/19/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Most likely, it will. Along with having the DUI charges, they will also probably bring VC 14601 charges, driving with a suspended license, which is also a serious charge. You should speak with an attorney about your case.
    Answer Applies to: California
    Replied: 10/19/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    It will probably affect the sentencing, and it will probably also affect the charges. You will probably be charged with "driving with a suspended license" in addition to a DUI. You should talk to a criminal lawyer experienced in DUI and DMV matters. Most criminal lawyers give free consultations. If you would like to speak to me about it, please do not hesitate to call. By the way, you have only 10 days from the date of the arrest to take some steps with the DMV or you lose substantial rights. Do not wait on this! Good luck. Feel free to contact my office for further information.
    Answer Applies to: California
    Replied: 10/19/2010
    Law Offices of Staycie R. Sena
    Law Offices of Staycie R. Sena | Staycie R. Sena
    Yes, there are additional penalties for driving on a suspended license. Please see my website for more information. You can also call me to discuss your case further.
    Answer Applies to: California
    Replied: 10/19/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, you will likely face an extra charge, VC 14601.1(a), which usually comes with a $300 (basically comes to over $1000) fine on top of the DUI. And, as a misdemeanor, it could also result in jail time.
    Answer Applies to: California
    Replied: 10/19/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Of course it matters to the judge that you disregarded a prior court order, committing another second crime in doing so. I would suggest you get an attorney to represent you in this. If serious about doing so, feel free to contact me.
    Answer Applies to: California
    Replied: 10/19/2010
    The English Law Firm
    The English Law Firm | Robert English
    Yes. Driving on a suspended license is a separate charge, Vehicle Code 14601. You might have enhanced penalties. Call my office if you are in California.
    Answer Applies to: California
    Replied: 10/19/2010
    Law Offices of Ronald Richards & Associates
    Law Offices of Ronald Richards & Associates | Ronald Richards
    Yes, you are looking at an enhancement.
    Answer Applies to: California
    Replied: 10/19/2010
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney