Driving with a Suspended License (DUI related)

If your license is suspended due to a DUI conviction or ARD placement, and you are caught driving before you get your license restored, you can face charges under Section 1543(b) of the Vehicle Code for Driving Under Suspension DUI related. A DUI related suspension remains in effect until you get your license is restored, even if the actual suspension length is over. Failure to get your license restored can result in Driving Under Suspension DUI related charges months or even years after your suspension period is over. Like many driver’s license related offenses, the severity of the punishment depends on how many prior convictions you have and, in this case of a DUI related suspension, whether you had alcohol in your system when you were stopped by the police.

Penalties

• For a 1st offense, where there is no alcohol in your system, you will face a fine of $500 AND a jail sentence of between 60 and 90 days AND an additional license suspension.
• For a 2nd offense, where there is no alcohol in your system, you will face a fine of $1000 AND a jail sentence of 90 days AND an additional license suspension.
• For a 3rd or subsequent offense, where there is no alcohol in your system, you will face a fine of $2500 AND a jail sentence of at least 6 months but not more than 12 months AND an additional license suspension.

If you have a blood alcohol level of .02% or greater when you are stopped the punishments are even more severe:

• For a 1st offense, you will face a fine of $1000 AND a jail sentence of 90 days AND an additional license suspension.
• For a 2nd offense, you will face a fine of $2500 AND a jail sentence of at least 6 months but could go up to 12 months AND an additional license suspension.
• For a 3rd or subsequent offense, you will face a fine of $5000 AND a jail sentence of at least 2 years but could go up to 5 years AND an additional license suspension.