Difference Between Driver’s License Suspension and Revocation

If you or someone you know has had your driver’s license suspended or revoked by the DMV in Orange County, an experienced attorney can help with your case. Orange County defense lawyer, William Weinberg is an experienced attorney who has successfully defended hundreds of clients, including those who have had their driver’s license suspended or revoked by the DMV. Mr. Weinberg takes the time to individually review each potential client’s case to provide a plan that works best for their circumstances.

Restrictions may be placed on your driver’s license if you are found guilty of certain crimes in California. Your license may be suspended or it may be revoked, however there is a difference between a driver’s license suspension and a revocation. Suspension is a temporary withholding of driving privileges. Revocation is the complete termination of driving privileges.

In Orange County, the DMV handles all driver’s license suspension and revocation proceedings. After a revocation or a suspension period, a person may apply to have their license reinstated if they have taken all the mandatory classes and complied with any and all DMV requirements. Individuals may face additional penalties if they are caught driving with a suspended or revoked license.

There are a variety of reasons that a driver’s license might be suspended including:

• Driving under the influence (DUI)
• Failure to pay fines
• Failure to show up to a court hearing
• Failure to pay child support
• Repeated traffic violations
• Felonies involving vehicles
• Hit and run
• Vehicular manslaughter
• Fleeing from the police
• Driving without car insurance

If your driver’s license is suspended, you must complete the following steps if you wish to have your driver’s license reinstated:

• Completion of the suspension, any mandatory programs, and any prison sentences
• Pay any applicable court fees
• Fill out the necessary paperwork for reinstatement and submit it to the DMV
• Provide the DMV with proof of insurance
• Pay a fee for reinstatement

There are an assortment of reasons for why a driver’s license may be revoked. Your driver’s license may be revoked automatically if you are convicted of certain crimes. Having your driver’s license revoked essentially means that your driving privileges are terminated and you are not allowed to drive a motor vehicle on any road at any time.

The reinstatement process is different for driver’s license suspensions and revocations. Revoked licenses cannot be reinstated in California. However, once the period of revocation is over, drivers may submit an application for a completely new license.

In California, there is no difference between driving on a suspended or revoked license and it is a crime to drive with either a suspended or revoked license. To convict someone of driving on a suspended license, the prosecution must show that: (1) the defendant drove a motor vehicle while their driving privileges were suspended or revoked; and (2) when the defendant drove, they knew that their driving privileges were suspended or revoked.

Under California law, driving with a suspended or revoked license is classified as a misdemeanor. A first-time conviction for driving with a suspended license can result in imprisonment between five days and six months, as well as a fine between $300 and $1,000, per California Vehicle Code 14601. If you are caught driving with a suspended or revoked license, it is imperative that you retain an experienced attorney to help defend your case.

Orange County defense attorney William Weinberg has many years of experience defending clients facing suspended or revoked licenses. He will consider your case free of charge and advise you of your options. To reach him please contact his Irvine office at 949-474-8008 or by emailing him at bill@williamweinberg.com.