What is the minimum sentence for driving without a license? 10 Answers as of November 09, 2010

My license was suspended after a DUI but I drove anyway and was caught because I was speeding. What is the minimum sentence for this and will I be given a choice between fine, jail time, and/or community service?

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

Free Case Evaluation by a Local Lawyer: Click here
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
Theoretically, you could face up to a year in jail depending on how it was charged. There are several different misdemeanors to charge "driving on a suspended license", the longest of which has a maximum jail time of one year. It is unlikely you would face that much time. It would depend on how many prior convictions you had among other factors.
Answer Applies to: California
Replied: 11/9/2010
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
The specific subsection you are facing matters here. If you are facing 14601.2 charges (driving while your license was suspended for a DUI conviction), it carries a mandatory 10 days in jail, large fines and the installation of an ignition interlock device. If it was suspended for driving with excessive blood alcohol (such as suspended after the DMV hearing on your license), it's a violation of 14601.5 and has the same fines, but no mandatory jail or ignition interlock.

If you are on probation for your DUI, it can be a violation of your probation, subjecting you to potentially more time in jail for the violation.
Answer Applies to: California
Replied: 11/5/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Now, the actual likely penalty is substantial fines and potential jail, six months max, depending upon the facts and circumstances, your priors, rap sheet, and the attitude of the DA and judge toward you. You face the new misdemeanor charges, plus probation violation of the old charges. If serious about getting counsel to help you in this, feel free to contact me.
Answer Applies to: California
Replied: 11/5/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
The offense you have described is V.C.14601.2(a). It requires that you do at least 10 days in jail, as well as pay a fine (usually about $500) and install an Interlock on your car. It is possible, at times, to plea bargain that down to a lesser offense.

Our office is very experienced in handling these matters. For more information or to be represented, please call
Answer Applies to: California
Replied: 11/5/2010
Law Office of William M. Concidine
Law Office of William M. Concidine | William Concidine
Your answer may depend on what county you are in. Each county may approach this differently. The fact that you were driving on a suspended license following a DUI is bad and could result in jail time or possibly an alternative. It will certainly result in fines also dependent on what county you are in.
Answer Applies to: California
Replied: 11/5/2010
    Hale Law Group
    Hale Law Group | Joshua D. Hale
    You may be looking at jail time not just for the suspended license, but also for violating probation on the DUI, which can carry up to a year in jail. You need to call my office immediately so I can do my best to help you.
    Answer Applies to: California
    Replied: 11/5/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    There is a difference between driving without a license and driving on a suspended license. There are several reasons why a license could be suspended, a DUI being one of them. You will be looking at a 14601.2 which has 10 days mandatory jail time and fines and fees of about $1,500.
    Answer Applies to: California
    Replied: 11/4/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It may be dependent upon the court that the hearing is in.
    Answer Applies to: California
    Replied: 11/4/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The minimum for VC 14601.2 is 10 days in county jail. You should consult with a lawyer, who may be able to have you plead to an alternate charge that does not carry mandatory jail time.
    Answer Applies to: California
    Replied: 11/4/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    A fine is the minimum sentence.
    Answer Applies to: California
    Replied: 11/4/2010
Click to View More Answers: