Criminal defense attorney and former Orange County Deputy District Attorney. The Orange County details on this page, including why getting your license back first can lead to a reduction or dismissal, come from his own suspended license cases.
If you are stopped while driving on a suspended or revoked license in California, expect more than a ticket. Driving on a suspended license is a misdemeanor, and in most all cases not an infraction. Depending on why your license was suspended, a conviction can mean mandatory jail time, fines of up to $2,000, two points on your driving record, and a longer suspension.
The single biggest factor is the reason your license was suspended in the first place. A suspension for a DUI is treated very differently from a suspension for a missed court date.
One change coming soon. Starting January 1, 2027, California will stop suspending licenses because someone missed a court date on a traffic matter, and it will end every existing suspension of that kind. Until that date, those suspensions still count. The details are below.
California Law on Suspended License
Your driving privilege can be suspended or revoked by a court or by the DMV. Common reasons include:
- a DUI conviction,
- a DUI arrest, through the DMV’s separate administrative process (refusing a chemical test, or a BAC of 0.08% or higher),
- reckless driving,
- too many points on your record. The DMV can treat you as a negligent operator at 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months,
- failing to appear in court on a traffic citation,
- driving without insurance after an accident, or
- a medical condition, or unpaid child support.
A suspended license stays suspended until you take the steps to reinstate it. Waiting out the suspension period is usually not enough. Many people are charged with driving on a suspended license months after they thought the suspension was over.
California Vehicle Code 14601
California has several separate suspended license offenses, and which one you are charged with depends on why your license was suspended:
- Vehicle Code § 14601 covers suspensions for reckless driving, being a negligent operator, and certain other DMV actions.
- Vehicle Code § 14601.1 covers suspensions for most other reasons, including missed court dates.
- Vehicle Code § 14601.2 covers suspensions that came from a DUI conviction.
- Vehicle Code § 14601.5 covers the DMV’s administrative suspension after a DUI arrest, for refusing a chemical test or testing at 0.08% or higher.
You must have known your license was suspended. Each of these offenses requires knowledge. But if the DMV mailed a suspension notice to your address on file and it was not returned, the law presumes you knew (Vehicle Code § 13106). That presumption can be challenged, for example when the DMV mailed the notice to an old address. Lack of knowledge is a real defense in some cases, and it is one reason to keep your address current with the DMV.
How does it differ from driving without a license?
Driving without a license means you do not hold a valid license at all, for example because it expired or you never had one. Under Vehicle Code § 12500, a first or second violation is now only an infraction with a $100 base fine, and it carries zero DMV points.
Driving on a suspended license means you have a license, but you have been ordered not to drive and did it anyway. It is always a misdemeanor and carries two points.
That gap is why one of the best outcomes in a suspended license case is getting the charge changed to a § 12500.
Have you been charged with driving with a suspended license?
Our team of criminal defense attorneys is ready to assist you in contesting the charge. We invite you to contact us at your earliest convenience for a consultation to analyze the unique aspects of your case and develop a powerful defense strategy.
The January 2027 change: missed-court-date suspensions are ending
For years, missing a court date on a traffic ticket led to a license suspension. The court notified the DMV, the DMV suspended your license, and the DMV refused to renew your license until the case was resolved. Many people later caught driving on a suspended license were in that position because of a missed court date, not because of anything dangerous.
Assembly Bill 2746 changes that. Beginning January 1, 2027:
- the DMV will no longer suspend licenses for failure to appear in court,
- every existing failure-to-appear suspension issued before January 1, 2027 will be terminated, and
- the DMV will no longer refuse to issue or renew a license because of a missed court date.
What this does not change:
- Until January 1, 2027, these suspensions are still in effect. Driving on one today is still a crime.
- The missed court date itself does not go away. You may still have a bench warrant and an open case that has to be resolved in court.
- Suspensions for other reasons stay in place, including DUI, refusals, reckless driving, negligent operator points, and no insurance.
If your only suspension is for a missed court date, it is worth confirming your status with the DMV after January 1, 2027, and resolving the court case itself either way.
What Happens If You are Caught Driving on a Suspended License?
The penalty depends on which section you are charged under and whether you have a prior conviction for driving on a suspended license within five years.
Fines are before penalty assessments, which add substantially to the amount you actually pay.
Two points on your record. A conviction under any of these sections adds two points to your DMV record. Two points can be enough to push you toward a negligent operator suspension, which starts the cycle again.
Your car can be impounded. Under Vehicle Code § 14602.6, police can impound a car for up to 30 days when the driver’s license is suspended or revoked. Storage fees add up quickly, so act fast if your car is towed.
DUI-related suspensions are treated hardest. The Orange County District Attorney’s Office treats § 14601.2 cases, driving on a license suspended for a DUI, very harshly and rarely agrees to reduce them to anything outside the suspended license sections. What is often possible is a plea to a different suspended license section that does not carry the mandatory jail time.
What are the long-term consequences of a conviction?
A misdemeanor conviction stays on your criminal record and can appear on background checks by employers and landlords. The two DMV points can raise your insurance rates for years. A conviction can also extend your suspension or delay reinstatement. If you are not a U.S. citizen, talk to an attorney before entering any plea.
How Orange County suspended license cases are usually resolved
In Orange County, what most often turns a suspended license case around is not an argument in court. It is work done before the negotiation.
Get your license back first. When a client clears the underlying suspension and has a valid California license in hand before negotiating, the charge is very often reduced to a § 12500, which carries zero points. Most of the time, the case is dismissed outright. Worst case, it is resolved as a § 12500 infraction.
In one case, a client cited for a basic suspended license violation had the charge increased by the District Attorney to a § 14601.2, a DUI-related suspension, with a prior conviction that would have meant at least 30 days in county jail. After the client got his license back, the prior was struck and the charge was changed to a § 12500.
What makes these cases harder:
- a § 14601.2 charge, because the suspension came from a DUI, and
- a long record of suspended license, unlicensed driving, hit and run, or DUI cases.
Outcomes for these charges do not vary much between Orange County’s four justice centers. What you do before your court date matters far more than which courthouse you are in.
How do you get your license back?
Your license does not reinstate automatically when a suspension period ends. Until the DMV reinstates it, you are still suspended, and you can still be charged.
Generally, you will need to:
- complete the conditions of the suspension or your sentence, such as a DUI program, probation terms, or an ignition interlock device,
- resolve any open court case or failure to appear,
- file an SR-22 certificate of insurance if the DMV requires one,
- pay the DMV reinstatement fee, and
- confirm with the DMV that your license is valid before you drive.
If your only suspension is for a missed court date, remember that it will be terminated on January 1, 2027. You still need to resolve the case itself.
Frequently asked questions
Is driving on a suspended license a misdemeanor in California?
Yes. Every suspended license offense under §§ 14601, 14601.1, 14601.2, and 14601.5 is a misdemeanor. It is not a traffic infraction. The caveat being that a 14601.1 may become an infraction at the discretion of the prosecutor or court in some circumstances pursuant to Penal Code § 19.8(a)/17(d).
Can you go to jail for driving on a suspended license?
Yes. Jail is possible on any of these charges, and it is mandatory in some: at least 5 days on a first § 14601 conviction, at least 10 days on a first § 14601.2 conviction, and more with a prior.
What is the new law on suspended licenses in California?
Under AB 2746, beginning January 1, 2027, the DMV will stop suspending licenses for failure to appear in court and will end all existing failure-to-appear suspensions. Suspensions for DUI, refusals, reckless driving, points, and other safety reasons are not affected.
Can a suspended license charge be reduced?
Often, yes. In Orange County, getting a valid license before negotiations is the most effective step, and it frequently leads to a dismissal or a reduction to driving without a license (§ 12500), which carries no points. DUI-related suspensions (§ 14601.2) are the hardest to reduce.
What if I did not know my license was suspended?
Knowledge is required, but the law presumes you knew if the DMV mailed a notice to your address on file. You can challenge that presumption, for example if the notice went to an old address.
How many points is driving on a suspended license?
Two points.
Have you or a loved one been charged with driving on a suspended license?
The outcome of a suspended license case often depends on what you do before your first court date, especially whether you can get your license reinstated first.
The Law Offices of Bryan R. Kazarian defends suspended license charges and other driving offenses in all four Orange County justice centers. Schedule a free consultation or call (855) 918-4253.
