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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

What happens if I am caught driving during a DUI suspension?

A DUI license suspension can be highly disruptive – especially when you depend on your license to get to work, pick your kids up and run errands. One penalty drivers face after a DUI conviction is a suspended license by the DMV triggered by the DUI conviction and/or by the DMV administrative suspension per the pink sheet Notice of Suspension given to you at the time of arrest. The length and start time of these suspensions depends on which type of suspension is being imposed, whether there are prior convictions within 10 years, refusal to take the test, injury accident or DUI under age 21. You can lose your license for months or even years if you have prior convictions. Most of these suspensions can be cured quickly by being enrolled in the appropriate DUI program, SR 22 insurance form on file, paying a DMV reissue fee and having an ignition interlock device (IID) installed on your vehicle or, as an alternative to the IID, you may be able to use a restricted license for work-related driving only, in some cases.

As upsetting as this is, the situation can get even worse if you are caught driving with a suspended license as a result of a DUI.


If you are driving on a suspended license, you risk an officer pulling you over for some minor violation like running a red light, forgetting to put your seat belt on or any one of a thousand reasons. Whatever the infraction may be, if the police pull you over and discover you are driving with a suspended license, there is a problem. Any vehicle being driven by a person with a suspended license can result in immediate impound, towing and storage for 30 days on a first offense even if it is not your vehicle. You will also face 10 days to six months in jail for a first offense, 30 days in jail to a year for a second offense, fines, probation and regardless of whether there is any alcohol in your system when stopped, an ignition interlock device will be ordered on any vehicle you drive for up to three years just for driving with a license suspended for a DUI. In addition, driving without a valid license violates your probation on your DUI case and can result in additional penalties. These consequences can be costly, inconvenient and highly disruptive.  

Protect yourself and your license

To avoid these penalties if you find yourself with a DUI-related suspension, you should either not drive or cure the suspension as soon as possible by doing the things required by the DMV to get reinstated.   

If you wind up facing allegations of driving with a suspended license after a DUI, there are still possible defenses and there are things that can be done to try to avoid a suspended license conviction or at least minimize the penalties. Talking to an attorney can help you assess your options and understand what can be done. The aftereffect of a DUI underlines the importance of the handling of your DUI case, as well as understanding and addressing possible licensing issues.

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