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California Driving On A Suspended License FAQs

  1. Is my driver’s license automatically restored after the time of the suspension has passed?

    2. No, a driver’s license suspension is not automatically restored. You must take the necessary steps to restore your license. This is done by contacting the Department of Motor Vehicles after the suspension period has ended to see what further steps are needed to restore your license. (pay the re-issuance fee and show proof of insurance)

    The courts have held that the driver’s license remains suspended, even if the specified time of suspension has passed, until the driver’s license is restored. See People v. Gutierrez (1998) 65 Cal.App.4th Supp. 1 [76 Cal.Rptr.2d 166]. In Gutierrez, the defendant’s license had been suspended for a period of one year for driving under the influence. The defendant was arrested for driving after that one-year period had expired. The court held that the defendant’s license remained suspended even though the stated time period had passed because the defendant had not taken the steps necessary to restore his driving privilege.

  2. If my driver’s license has been suspended, can I still drive to work?

    3. You must apply for a restricted driver’s license. See California Vehicle Code Section 12813. Under this restriction, your driving privileges can be limited to necessities. Examples of such necessities are driving to and from work, going to the grocery store, or driving to school.

  3. Can I lose my driver’s license from failing to pay child support?

    4. Yes, under California Vehicle Code Section 13365.5, the Department of Motor Vehicles can suspend your license if you fail to comply with a court order. Failure to pay child support is a violation of a court order that would suspend your driver’s license even though it has nothing to do with your driving privileges.

  4. How can driving on a suspended license affect my employment?

Some jobs require you to have a license. Therefore, if your license has been suspended, your chances of obtaining or keeping these particular jobs are seriously jeopardized. Also, if you are caught driving on a suspended license, claiming that you had to drive for your employment is not a defense. However, this may be a viable defense if you have a restricted license. It is important that you speak with one of the attorneys at Wallin & Klarich to be fully informed of your rights.