Driving Under the Influence

VC 14601.2(a) - SUSPENSION DUE TO DUI CONVICTION

This offense may be committed if the driver‘s license was suspended because of a DUI conviction, even if the sentence for that conviction has already been completed. This offense is treated very seriously by courts and prosecutors, and the law provides a mandatory minimum jail sentence of 10 days. The sentence can, and often is, enhanced beyond the minimum due to additional factors. These factors can include the recency of the DUI conviction, whether the driver is still on probation for the DUI offense, whether the driver has a record of similar offenses, and the driver‘s overall record. If the driver is still on probation for the DUI, this offense is also a violation of probation in that case, potentially leading to an additional and consecutive sentence on the DUI probation case.

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