One type of penalty that can be imposed as part of a person’s sentence is the suspension or revocation of their driver’s license. A driver’s license is not a right, but a privilege. Therefore, this privilege can be temporarily suspended or permanently revoked by the court or DMV.
A driver’s license allows a person to have the freedom to travel long distances whenever they want to. Without it, life can become more challenging. This article explores license revocation and suspension and what these penalties entail.
Suspended vs Revoked License
One of the main differences between them is a suspended license is temporary and requires the driver to reinstate their license.
A revoked license is permanent and requires the driver to start the licensing process from the beginning.
What does it mean to have a revoked license?
A revoked driver’s license means that the DMV has taken away a driver’s driving privileges permanently. The reason a license is revoked is because the crime committed was severe in nature.
Examples of reasons to revoke a license include- murder caused by a DUI, and using a vehicle as a weapon to commit felony assault.
How long does a revoked license last?
A revoked license lasts until the driver applies for a new driver’s license.
The driver is required to go through the licensing process as though they have never driven before. This means that the driver will need to go through all of the testing requirements that first-time drivers go through.
The driver will need to take a vision test, a writing test, and a driving test.
What does it mean to have a suspended license?
A suspended driver’s license means that the DMV has taken away a driver’s driving privileges for a temporary period. Our article titled, “(How To Check If Your License Is Suspended In California? [2024 Rules]” ) discusses what to do if your driver’s license is suspended. Depending on the type of suspension, the actions taken vary.
There are two types of license suspensions.
A definite suspension means that after some time, the driver can file to reinstate their driver’s license. The length of time is specific and is determined by either the DMV or the courts.
An indefinite suspension requires that the driver complete an action as specified by the court. The amount of time is determined by the driver. Only after the driver completes the specific action will the court allow the driver to file for reinstatement. The action to be completed can be paying child support or traffic tickets.
Read our article titled, “How To Check If Your License Is Suspended In California? [2024 Rules]” to learn how to reinstate your license.
Reasons for suspending and revoking a license.
A suspended license is a penalty for a minor offense. Such offenses include-
a) Refusing to take a breathalyzer test if pulled over on the suspicion that the driver is driving while under the influence of drugs or alcohol,
b) committing a hit-and-run,
c) and driving without car insurance.
A revoked license is a penalty for a more serious offense. Such offenses include-
a) Reckless driving, (read the article on what reckless driving entails- “Reckless driving“)
b) and multiple DUI convictions (read our article titled “What Happens When You Get A DUI” to learn more).
What is a restricted or limited license?
Getting around without a driver’s license can be a challenge. Until the driver is able to get their driver’s license reinstated or reissued, they will need to take rideshares, use public transportation, get rides from friends, walk, or ride a bike.
However, let’s say that the driver needs to be able to drive to and from work and school. They may need to drive in order to meet with a probation officer, attend a treatment program, or attend court. In these cases, the courts may allow the driver to drive under certain circumstances with a restricted license. The courts will decide what conditions the driver can drive under as well.
For example, if the driver needs to go to a medical appointment but then stops at a liquor store, the driver may be violating their restricted license.
Driving on a suspended or revoked license.
Driving on a suspended or revoked license is considered to be a misdemeanor.
The penalty includes up to six months of jail time and up to a $1,000.00 fine. In addition, the DMV will record this offense as well. Your car insurance may go up as a result of driving with a suspended or revoked license.
Have a suspended license?
The Law Office of David L. Faulkner is dedicated to helping and representing clients with suspended licenses in Bakersfield, California. We can represent you when requesting a restricted or limited license. Contact us today to see how we can help you.
