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Additional Drunk Driving Charges

Additional Drunk Driving Charges

Suspended or Revoked Driver's Licenses 

Six different statutes all describe nearly the same driving-under-suspension/revocation-offense (CVC §§ 14601, 14601.1, 14601.2, 14601.3, 14601.4 and 14601.5), but impose different punishments depending primarily upon the reason the suspension or revocation was imposed.

Another statute (CVC § 14603) sets forth a different offense of driving in violation of certain restrictions.

Elements of the Suspension/Revocation Offenses 

All six driving-under-suspension statutes make it illegal to drive a motor vehicle at any time while that person’s driving privilege is suspended or revoked...if the person so driving has knowledge of the suspension or revocation.

In addition, CVC §§ 14601.2 and 14601.5 also prohibit driving while the driving privilege is restricted, in violation of the restriction.

Note that it is the privilege that is suspended, not just the license. Therefore, out-of-state drivers (non-resident drivers) and drivers who have no license can be convicted if their California driving privileges have been previously suspended or revoked (CVC § 13552(a)).

The elements of the offense and the proof required are best described with the language of CALJIC 16.640, the standard jury instruction. It states the elements as,

A person drove a motor vehicle;
The person’s driving privilege had been previously [suspended] [revoked] for reason; and
The person had knowledge that [his] [her] driving privilege had been [suspended] [revoked].”

A Summary of the Suspension/Revocation Offenses 

CVC § 14601 mainly regulates bad drivers. It applies where the suspension or revocation resulted from either a conviction of reckless driving (CVC §§ 23103 and 23104), or any reason that would be grounds for refusing a license under CVC § 12805 (b)-(f) (alcoholism, lapses of consciousness, marked confusion, lack of skill, unable to learn rules of the road and illiteracy), or negligent or incompetent operation under CVC §§ 12809(e) and 12810.

CVC § 14601.1 is the catch-all offense. It applies where the suspension or revocation resulted from any reason not stated in CVC §§ 14601, 14601.2, and 14601.5. Section 14601.5 is included only for offenses on or after January 1, 1995 (Stats. 1994, Chap. 253 (AB 2416) § 2).

Reasons for CVC § 14601.1 suspensions include failure to appear (CVC § 13365) and being involved in an accident without insurance (CVC § 16070).

CVC § 14601.2 punishes driving-under-suspension or revocation/restriction which is the result of a drunk driving or intoxicated vehicular manslaughter conviction (CVC §§ 23152, 23153, or PC §§ 191.5 and 192(c)(3) pursuant to CVC § 13350.5).

Since CVC § 14601.2 only punishes driving in violation of a suspension or revocation that resulted from a drunk driving or manslaughter conviction, it is not applicable to the suspension/revocation/restriction offenses under the Stop ‘n Snatch statutes (CVC § 13353—Chemical test refusal; CVC §§ 13353.2, 13353.6 and 13353.7—Excessive BAC). These offenses are instead punishable under CVC § 14601.5.

CVC § 14601.3 is the habitual offender offense. It regulates punishment where the suspension or revocation resulted from the defendant having become a habitual traffic offender. The phrase habitual traffic offender has different meanings, based on the date of the offense. Beginning June 30, 1995, an habitual traffic offender is a person who has accumulated certain point counts with a license that has been suspended or revoked for any reason. Prior to June 30, 1995, a person is an habitual traffic offender only for accumulating certain point counts with a license that has been suspended or revoked for a drunk driving or negligent operator offense.

CVC § 14601.4, like § 14601.2, regulates punishment where the suspension, revocation or restriction results from a drunk driving or intoxicated vehicular manslaughter conviction, but this section adds forbidden-acts-and-omissions and proximately-caused-injury elements.

CVC § 14601.5 defines the misdemeanor offense of driving under suspension, revocation or restriction where one of these is the result of a Stop ‘n Snatch chemical test refusal (CVC § 13353), excessive BAC action (CVC § 13353.2), a related restriction (CVC § 13353.6 or CVC § 13353.7), Under-21 Stop ‘n Snatch Chemical Test Refusal (CVC § 13353.1), or while under a hardship driving restriction as a result of an Under-21 Stop ‘n Snatch 0.01% BAC suspension (CVC § 13353.8).

CVC §14603 sets out a separate infraction (see §40000.1) crime of driving in violation of a license restriction. This offense covers all restrictions except those covered by the more specific §14601.2(b) (related to restrictions imposed for drunk driving or manslaughter convictions) and §14601.5 (related to restrictions imposed under Stop ‘n Snatch provisions for chemical test refusal and excessive BAC).

CVC §14604 makes it a misdemeanor for a vehicle owner to allow driving by an unlicensed, suspended or revoked driver without making a reasonable inquiry about the person’s license status. However, the owner need not check with the DMV. The statute contains an exception for a “rental company” if certain procedures are followed.

Punishment Chart: Driving on a Suspended/Revoked License 


SECTION

NUMBER OF PRIORS

PUNISHMENT

14601(b)(1)

NONE

5 days to 6 months and $300 to $1000.

Vehicle impound option, see § 2:35.5 of the California Drunk Driving Law treatise.

 

14601(b)(2) and (c)

1 or more, within 5 years of offense under this section or §14601.1, § 14601.2, and beginning 1/1/95, § 14601.5.      

10 days to 1 year and $500 to $2000.

Ignition Interlock Device shall be ordered for up to 3 years if plea is in satisfaction of, or a substitute for, an original charge of CVC § 14601.2, except in interests of justice.

Vehicle impound option, see § 2:35.5 of the California Drunk Driving Law treatise.

 

14601.1(b)(1)

NONE

Zero to 6 months and/or $300 to $1000.

Vehicle impound option, see § 2:35.5 of the California Drunk Driving Law treatise.

 

14601.1(b)(2)

1 or more, within 5 years of offense under this section or §14601, §14601.2, and beginning 1/1/95, §14601.5.      

5 days to 1 year and $500 to $2000.

Ignition Interlock Device shall be ordered for up to 3 years if plea is in satisfaction of, or a substitute for, an original charge of CVC § 14601.2, except in interests of justice.

Vehicle impound option, see § 2:35.5 of the California Drunk Driving Law treatise.

 

14601.2
(d)(1), (e),
and (h)

NONE

10 days to 6 months and $300 to $1000, but §14601.3(e)(3) punishment instead if habitual traffic offender.* Any jail must be served behind bars if injury (§14601.4(b)***).

Mandatory Ignition Interlock Device for one day to three years.

Vehicle impound option, see § 2:35.5 of the California Drunk Driving Law treatise.

 

14601.2
(d)(2), (f),
and (h)

1 or more, within 5 years of offense under this section or §14601, beginning 1/1/94, §14601.1, and beginning 1/1/95, §14601.5.

30 days to 1 year and $500 to $2000, but CVC § 14601.3(e)(3) punishment instead if habitual traffic offender.* Any jail must be served behind bars if injury (CVC § 14601.4(b)***).

Mandatory Ignition Interlock Device for one day to three years.

Vehicle impound option, see § 2:35.5 of the California Drunk Driving Law treatise.

14601.2(g)
and (h)

1 or more, within 5 to 7 years of offense under this section §14601, §14601.1, and beginning 1/1/95, §14601.5.      

10 days to 6 months and up to $1,000.* Any jail must be served behind bars if injury (§14601.4(b)***).

Mandatory Ignition Interlock Device for one day to three years.

Vehicle impound option, see § 2:35.5 of the California Drunk Driving Law treatise.

 

14601.3(e)(1)*

NONE

Mandatory 30 days and $1,000.

Vehicle impound option, see §2:35.5.

 

14601.3(e)(2)*

1 or more, within 7 years of conviction of this section only.

Mandatory 180 days and $2000.

Vehicle impound option, see §2:35.5.

14601.5(d)(1)

NONE

Zero to 6 months and $300 to $1000.

Vehicle impound option, see § 2:35.5 of the California Drunk Driving Law treatise.

 

14601.5(d)(2)

1 or more, within 5 years of offense under this section, §14601, §14601.2, beginning 1/1/94, 14601.1, and beginning 1/1/95, §14601.3.

10 days to 1 year and $500 to $2000.

Ignition Interlock Device shall be ordered for up to 3 years if plea is in satisfaction of, or a substitute for, an original charge of §14601.2, except in interests of justice.

Vehicle impound option, see § 2:35.5 of the California Drunk Driving Law treatise.



* Habitual offender provisions based upon an accumulation of a point count violate double jeopardy rights. See beginning of this chapter, chapter 3 and 11 for more information.

For more information your California Drunk Driving Offense, do not hesitate to contact the Law Offices of Barry T. Simons or the Law Office of Paul Burglin at: 888-9-DUI-911 or complete our confidential contact form for a free DUI Consultation and DUI Case Evaluation.
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