If someone drives when their license has been suspended or revoked, then this on its own is a criminal offense. If this is charge is combined with a charge of driving under the influence, then the potential penalties that driver faces are all the more severe. While this charge and its penalties relies heavily on each state's own laws, here is a general overview of what someone could face if they are charged with both a DUI and with driving on a suspended or revoked license.
When someone is arrested for a DUI, and it is found that they do not have a driver's license, then their lack of a license would be treated as a factor that would aggravate their DUI charge. This could come as a charge of aggravated reckless driving. In some states, this charge is almost as serious as a charge of attempted murder. This can take a DUI misdemeanor charge to a DUI felony charge at the very least, meaning harsher punishments, higher fines.
If someone does not have a driver's license at the time of their DUI arrest, then a jury will find it that much easier to believe that the defendant was indeed breaking the law by driving impaired, since they already broke the law just by getting behind the wheel. If the reason a defendant's license was revoked was because of a prior DUI conviction, then this escalates matters even further. This defendant would be facing two criminal charges at once, and a conviction would likely mean a prison sentence for certain, all on top of hefty fines, and the loss of driving privileges for up to five years. To better understand what this situation would mean, we can presently examine just the charge of driving on a suspended or revoked license on its own.
A license could be suspended or revoked for a DUI conviction, but it could also come from a failure to pay child support. It could also arise as a penalty for other traffic violations, for driving without auto insurance, or for other reasons. While the exact penalties for this offense will vary from state to state, a sentence could include jail and fines. Someone who is convicted of being a repeat offender can expect to face more stringent penalties.
That being said, someone may be driving without a license, but the time of the suspension or revocation may have ended. That person may simply have failed to reinstate their license, such as by providing proof of insurance, completing alcohol treatment, paying child support, paying the fee for reinstatement, etc. In this case, it will up to a court as to how the offense would be categorized. Some courts will still charge the driver of getting behind the wheel with a suspended license, still able to be penalized for such a charge. Other courts would treat this situation as the driver simply driving without a valid license, which is not a minor technicality. This would spell a much lesser charge, one with lesser penalties.
If you or someone you know has been charged with both a DUI and with driving on a suspended or revoked license, then you need a legal advocate who can defend two different and highly technical charges. A DUI charge is complex enough on its own; bring in another serious charge of a traffic violation, and the entire case becomes highly involved. If you face the prospect of such severe penalties, then it is crucial that you retain a skilled DUI attorney who may be able to get your charges reduced or dismissed. Find the legal expert you need on our DUI lawyer directory today!