In California, when you are arrested for DUI, your license will be suspended 30 days after the arrest. In order to fight this, you must request a DMV administrative hearing within 10 days of your arrest.
If you do not have a driver’s license at the time of your arrest, then you do not need to file for a DMV hearing. Instead, if you are charged with drunk driving without a license, you will face two separate criminal cases.
Driving without a License in California (VC 12500)
Under California Vehicle Code Section 12500, driving without a valid driver’s license is illegal. You are considered to be driving without a license if you:
- Have never been licensed in any state, or
- Failed to renew your expired license, or
- Are a resident of California, but do not have a California license, or
- Are ineligible for a California driver’s license
While driving without a license can be charged as an infraction, when combined with a DUI arrest, it will likely be charged as a misdemeanor.
Misdemeanor violations of California Vehicle Code Section 12500(a) are punishable by up to six months in county jail and fines of up to $1,000. These penalties are additional to any penalties incurred with a DUI conviction.
Underage DUI without a License
Underage drivers who are arrested for drunk driving face serious penalties. The punishment is even worse if you get a DUI without having a valid driver’s license. In addition to punishment you face for underage DUI, you could face the following penalties:
- You may not be able to get a driver’s license for a specific number of years, or before you reach a certain age,
- You may have to take court-ordered alcohol education courses,
- You may be required to serve several years of probation,
- You will have to pay hefty fines
- You will have to go to court,
- You could be held in custody
Because driving without a license is a criminal offense, the offense would stay on your criminal record.
Call the DUI Defense Attorneys at Wallin & Klarich Today
If you or someone you love has been charged with drunk driving or driving without a license, you need to contact a Wallin & Klarich criminal defense attorney immediately. Our skilled attorneys have over 30 years of experience successfully defending our clients charged with drunk driving offenses. We will analyze the facts of your case and plan a defense strategy that will help you get the very best outcome possible in your case.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5425 for a free phone consultation. We will get through this together.