California Vehicle Code § 14601.2: Driving with a Suspended License Due to DUI

California Vehicle Code § 14601.2 addresses driving with a suspended or revoked license specifically following a DUI conviction. Violating this law carries significant penalties, including mandatory jail time.

What California Vehicle Code § 14601.2 Says

Prohibited Actions

California law prohibits driving when your license is suspended or revoked due to a DUI conviction. It also forbids driving in violation of license restrictions. Both violations require knowledge of the suspension, revocation, or restriction.

Knowledge Presumption

The law establishes that knowledge of suspension or revocation is conclusively presumed if the DMV mailed notice to you according to Section 13106. Knowledge of restrictions is presumed if the court has given you notice.

Penalties

First-time offenders typically face 10 days to 6 months in county jail and fines of $300-$1,000. If designated a habitual traffic offender, additional penalties apply.

Repeat offenders within five years face 30 days to one year in jail and fines of $500-$2,000. The law outlines specific probation conditions, including mandatory minimum jail time.

Ignition Interlock Device

The court requires installation of a certified ignition interlock device on vehicles owned or operated by the offender. Driving privileges won't be reinstated until proof of installation is provided to the DMV.

Exceptions

The law permits driving employer-owned vehicles on private property (except parking facilities) for those in alcohol or drug rehabilitation programs. The law also applies to off-highway motor vehicles on applicable lands.

The Full California Statute: § 14601.2

State of California VEHICLE CODE Section 14601.2 14601.2. (a) A person shall not drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153 if the person so driving has knowledge of the suspension or revocation.

(b) Except in full compliance with the restriction, a person shall not drive a motor vehicle at any time when that person's driving privilege is restricted if the person so driving has knowledge of the restriction.

(c) Knowledge of the suspension or revocation of the driving privilege shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. Knowledge of the restriction of the driving privilege shall be presumed if notice has been given by the court to the person. The presumption established by this subdivision is a presumption affecting the burden of proof.

(d) A person convicted of a violation of this section shall be punished as follows: (1) Upon a first conviction, by imprisonment in the county jail for not less than 10 days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), unless the person has been designated a habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3. (2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5, by imprisonment in the county jail for not less than 30 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000), unless the person has been designated a habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3.

(e) If a person is convicted of a first offense under this section and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days.

(f) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5 and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 30 days.

(g) If a person is convicted of a second or subsequent offense that results in a conviction of this section within seven years, but over five years, of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5 and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days.

(h) Pursuant to Section 23575, the court shall require a person convicted of a violation of this section to install a certified ignition interlock device on a vehicle the person owns or operates. Upon receipt of the abstract of a conviction under this section, the department shall not reinstate the privilege to operate a motor vehicle until the department receives proof of either the "Verification of Installation" form as described in paragraph (2) of subdivision (h) of Section 13386 or the Judicial Council Form I.D. 100.

(i) This section does not prohibit a person who is participating in, or has completed, an alcohol or drug rehabilitation program from driving a motor vehicle that is owned or utilized by the person's employer, during the course of employment on private property that is owned or utilized by the employer, except an offstreet parking facility, as defined in subdivision (c) of Section 12500.

(j) This section also applies to the operation of an off-highway motor vehicle on those lands that the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

(k) If Section 23573 is applicable, then subdivision (h) is not applicable. (Amended by Stats. 2014, Ch. 71, Sec. 173. (SB 1304) Effective January 1, 2015.)

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Note: This content was generated with AI and edited and fact-checked by ConsumerShield editors.