California License Suspension
September 12, 2024 | Article by Chain | Cohn | Clark staff Social Share
The experienced car accident lawyers at Chain | Cohn | Clark can advise you on the best course of action if you were hurt in a crash with a driver with a suspended license. Contact us today for a free, no-obligation review of your case.
You may have passed a written exam and a driving skills test and earned a driver’s license. But that doesn’t mean you can’t lose your license.
In California, there are numerous regulations in place to keep everyone safe on the roads. If you violate those regulations, a court or the California Department of Motor Vehicles (DMV) has the power to suspend or revoke your license.
- If your driver’s license is revoked, you no longer have a license. If you want to drive again, you must wait until the revocation period ends and then apply for a new license.
- If your driver’s license is suspended, you are not allowed to drive for a specified amount of time—but you still have a license. How long the suspension lasts depends on the offense you committed—the reason for the suspension. When the suspension period ends, you can apply for reinstatement of your driving privileges.
If you were involved in an accident caused by a driver with a suspended license, there are two things you should keep in mind:
- The driver was violating California law by driving with a suspended license—an offense punishable by jail time and a fine.
- The driver may have a history of unsafe driving—a factor that could affect your case if you pursue an insurance claim or a lawsuit.
Suspended License FAQs
Many of the reasons for a license suspension in California are related to road safety. Examples include:
- Driving under the influence of alcohol or drugs (DUI)
- Refusing to take an alcohol or drug test after a traffic stop
- Not stopping when an officer tries to pull you over
- Accumulating too many license points for moving violations
- A conviction for reckless driving or road rage
- Driving without insurance
- Leaving the scene of an accident (hit and run)
- Not reporting an accident
- Being found medically or psychologically unfit to drive
We’ve covered what to do after a car accident to ensure you keep everyone safe and don’t cause any additional problems for yourself. Also, studies estimate that up to 17% of California drivers don’t have insurance, so it’s wise to protect yourself with uninsured/underinsured motorist coverage.
There are also a few reasons for license suspension that are not directly related to driving, including:
- An arrest for underage drinking or vandalism
- Not paying a traffic fine
- Not showing up in court for a scheduled appearance
- Not paying child support
The length of a license suspension depends on the reason for the suspension. Here are a few examples:
- Up to six months for failing to stop after an accident
- Six months for a first DUI conviction; two to four years for additional convictions
- Four years for driving without insurance
Yes, your license can be suspended after an accident—but it depends on the circumstances.
For example, suppose you are at fault in an accident. A police officer investigates and issues you a citation for a moving violation that carries two points. If the points put you over the limit for a given period, your license will be suspended.
Other reasons for suspension include:
- You refuse to cooperate when an officer wants you to take a breathalyzer test.
- The investigating officer concludes that you were driving recklessly.
- You do not have the required minimum liability insurance.
In California, some traffic violations (e.g., running a stop sign or speeding) result in points being added to your driving record. If you accumulate too many points in a given time period, your license will automatically be suspended for six months.
Here are the point totals for an automatic suspension:
- Four license points within 12 months
- Six license points within 24 months
- Eight license points within 36 months
If you are notified that your license has been suspended, you have 10 days from the day you were notified (e.g., in court) or two weeks from the date on the notice (if the notice was mailed to you) to request a DMV hearing. At the hearing, you (and your lawyer, if you have one) can present evidence to argue that your suspension should be lifted or reduced.
The process for reinstatement varies depending on the reason for your license suspension.
For any reinstatement, you must wait for the suspension period to end, then file the paperwork for reinstatement and pay the application fee.
For a DUI, the process may also include:
- Paying fines
- Serving jail time
- Completing drug or alcohol rehab
- Installing an ignition interlock device in your car
For driving without insurance, you will need to pay any fines you owe and show proof of insurance.
If your license was suspended because of too many license points, you may need to:
- Pay fines
- Complete traffic school
- Take a driver’s education course
Bakersfield Car Accident Attorneys
According to a study this year, Bakersfield has some of the worst drivers in the U.S. The city’s poor ranking is due to high rates of drunk driving fatalities, speeding, and distracted driving—things like texting while driving.
If you were involved in an accident caused by another driver’s negligence and suffered injuries, your road to recovery is the same whether the at-fault driver had a suspended license or not. But a license suspension—or a history of license suspension—may be an important factor as you pursue an insurance claim or a lawsuit.
Chain | Cohn | Clark’s car accident lawyers can help you sort out the aftermath of a crash and ensure that you receive the compensation you deserve.
Contact us today for a free review of your case.