Driving in the United States is a privilege and not a right. This means that if you caught with a traffic violation, you risk losing driving privileges. State Court and Department of Motor Vehicle Driving license can suspend your driving license due to criminal convictions, refusal to take drug tests, and driving while intoxicated.
When your driving license is suspended, you are not allowed to drive unless to obtain an occupation driving license. The charge for driving with a suspended license is known as operating after suspension (OAS). Diving with a suspended driving license is an offense under the provincial Highway Traffic Act and Criminal Code. If you are caught driving while suspended, call Indianapolis traffic violations lawyer, the Law Office of B.D. Williams, Esq at 317-500-4857.
Suspended Driving License Penalties
Driving is a class 1 misdemeanor under the criminal category of Driving While License Revoked (DWLR). DWLR is a moving violation that results in a court conviction. Ignoring a revoked driving license is an offense that can lead to a jail term. Penalties after conviction include up to 1 year in jail and up to $1,000 in fines and criminal records. But that is not all. Being caught with suspended licenses may lead to an extension of the suspension period.
For the first offense, you can be sent to jail for ten days or a $1,000 fine. A second offense attracts one-year imprisonment. Subsequent offenses are treated as a felony. The penalties are much severe If the license suspension is due to operating while intoxicated. If convicted, you risk mandatory jail time. The mandatory minimum sentence is a $1,000 fine and 60 days in House of Corrections. The court suspends your license for a further one year.
The penalties are even more severe if your driver’s license is suspended and drive before the OUI case is resolved. The mandatory sentence is at least one year in jail $2,500 fine and license suspension for one year.
Penalties Vary Depending on State
The penalties range from one state to another. For instance, the first offense in Texas attracts a maximum of six months imprisonment, no more than $500 or both. Additionally, the license is suspended for a similar period. In California, the imprisonment ranges between 5 days and six months and a fine of $300 to $1,000. For a subsequent offense, the imprisonment ranges between 10 days, one year and a fine of between $500 and $2,000.
The DMV will add time to existing suspension every time you are convicted of the violation. The first violation attracts a full-year extension after the lapse of the suspension period.
Penalties Involving Injuries and Death
The penalties for driving with license suspended (DWLS) resulting in serious impairment of another road user are more severe. The penalties are up to 5 years and a fine of $1,000 to $5,000. DWLS and causing death attracts 15 years in prison and up to $10,000 in fine.
If You Are Caught Driving While Suspended, Contact a Lawyer
Besides these penalties, the court may order you to forfeit the vehicle or return it to the lessor. If you are arrested for driving with a suspended driving license, you should contact us at 317-500-4857 for a free consultation.