San Diego DMV License Suspension Hearing for DUI
If you've been arrested for DUI (Driving Under the Influence) in California, you are facing an automatic suspension of your driver's license if you or your DUI attorney do not schedule an "Admin Per Se" Hearing within 10 days of your drunk driving related arrest.
The California DMV's Administrative sanctions against your driving privileges are separate and not necessarily concurrent with with any licensing penalties the Judge may impose on you in your criminal court case.
The DMV's administrative licensing suspension is intended to be a deterrent to DUI and make the highways safer for innocent drivers by decreasing the number of drunk driving related accidents and injuries. Statistics vary as to the effectiveness of the administrative sanctions.
Punishment for Driving while Suspended or Revoked
The type and severity of penalties imposed depends on prior offenses and the offense, or reason, the license was originally suspended or revoked. A license suspension resulting from a DUI related offense is typically punished more seriously than non alcohol related offenses, unless the suspendee is considered an habitual offender.
| CALIFORNIA PUNISHMENT FOR DRIVING ON SUSPENDED LICENSE | |
| OFFENSE | DRIVING WITH SUSPENDED LICENSE PENALTIES |
| First driving while suspended offense |  Minimum of five days in jail and up to a 6 month jail sentence Minimum fine of $300, up to $1000
|
| Second offense within 5 years | 10 days to 1 year jail sentence Fine of $500 to $2000 |
Driving on a Suspended License
Driving on a suspended license in California will count two penalty points against your driving record. Although driving with a suspended license is charged as misdemeanor violation in California, pointwise, it is counted as serious of an offense as a DUI causing fatal or bodily injury and some other vehicular felonies against your driving record.
To be convicted of driving while suspended, the state must prove:
You were operating a motor vehicle or vessel, and
At the time you were driving, your licensing status was under suspension or revocation, and
You were aware that your driving privilege was under suspension or revocation at that time
Suspended License Knowledge Requirement
A crucial factor for proving a driving on a suspended license charge in California is termed a "knowledge requirement", meaning the driver was aware their drivers license was suspended or revoked.
Typically, the prosecution will provide DMV records that confirm a "notice of suspension" mailing sent to the driver's address on a date earlier than the driving on a suspended license offense. As the DMV does not send the suspension notifications by certified mail, there is still no evidence the suspendee actually received the notice.
John E. Dui is THE top DUI Defense Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving in Southern California.
Call us twenty-four hours a day at 1-800-522-6700 or send us an email now to discuss an aggressive and legitimate defense strategy for your DUI case.