REASONS FOR DRIVER’S LICENSE SUSPENSIONS IN CALIFORNIA
There are a variety of reasons why your California driver’s license might be suspended. Some of these are related to specific driving violations, while others may be due to violation of other State laws. The following are some of the most common reasons for a California driver’s license to be suspended or revoked.
- Excessive Moving Violations: The state of California operates on a point system, in which drivers accumulate points on their license for every moving violation they commit. If you accumulate 4 points in 1 year or 6 points in 2 years or 8 points in 3 years, your license will be suspended. You will also be put on driving probation for 1 year. Both your suspension and probation will come into effect 34 days after you receive your Order of Probation/Suspension in the mail.
- The Negligent Operator Treatment System Program (NOTS): Drivers in California who are 18 years and older are affected by this program. This program is based on a series of negligent operator points, which are added to your driving license over a specific period of time. Warning letters will be issued to you for specific information. You will receive a:
- Level 1 Warning Letter, if you accrue: 2 points within 12 months, 4 points within 24 months or 6 points within 36 months.
- Level 2 Notice of Intent to Suspend, if you accrue: 3 points within 12 months, 5 points within 24 months or 7 points within 36 months.
- Level 3 Probation/Suspension, if you accrue: 4 points within 12 months, 6 points within 24 months or 8 points within 36 months.
- Level 4 Violation of NOTS Probation and license suspension, if you: Commit a violation or collision while your driver’s license is suspended, have Failure To Appear (FTA) or a Failure to Pay (FTP) violation during your probation period, have a 1-point or 2-point violation or are responsible for a collision during your probation period. The same applies if you are under 18 years old and violate a provisional probation due to a responsible collision, an FTA or FTP, or another reportable violation.
Driving Under the Influence: Your California driver’s license will be suspended if you are found guilty of driving under the influence of alcohol or drugs. Your license will be immediately confiscated if your BAC level is 0.01% or more while on DUI probation, your BAC level is 0.04% or more while driving a commercial vehicle, your BAC level is 0.08% or more while driving a non-commercial vehicle, or if you refuse to complete a BAC test.
In addition to the immediate driver’s license confiscation under the APS program, you may also receive any of the following penalties from the court system: Driver’s license suspension, jail time, fines and other criminal penalties.
The length of the suspension depends on the severity of the violation and whether it is a first or repeat offense. A 1st time offense (if you are over 21 years and you took a chemical test and the result was 0.08% body alcohol content) will result in your license being suspended for 4 months. A 2nd offense for the same within 10 years will result in suspension for 1 year. If you are under 21 years of age and you took a chemical test and the result was 0.01% BAC or more, your license will be suspended for 1 year.
- Refusal of a Drug/ Alcohol Test or a Failed Test: If you refuse to take a blood or alcohol or urine test, you can get your license suspended or revoked.
- Driving with a Suspended License or No License: Driving with a suspended license will lead to an increase in the length of the suspension, and you may also be imprisoned for up to 5 years. The duration of the additional suspension varies depending on the reason for the underlying suspension. Your driver’s license may also be suspended if you do not have your license with you while you are driving.
- Driving without Insurance: All motor vehicles driven in California must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended. Your license will be suspended for 4 years if you are found to be driving without insurance. It may be returned to you after the first year, if you submit the proof of insurance to the DMV. You will also need to ensure that you continue to maintain insurance for the next 3 years.
- Other Driving-Related Violations: Your California driver’s license may also be suspended if you engage in reckless driving, are found to be at fault in a fatal accident, or if you abandon your vehicle on a public highway. If you fail to report an accident within 10 days where another person was injured or killed, or if damages incurred were in excess of $750, you are liable to have your license suspended. You will need to file a “Report of Traffic Accident” for this.
- Physical or Psychological Disqualification: The DMV’s Chief Administrator can order a re-examination of any person who may not fit to drive. An individual’s driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely.
- Medical Conditions: If you suffer from a loss of consciousness, poor judgment, poor vision, lack of agility or decreased alertness, you may face a license suspension. For more information on this, check
- Vandalism: If you are found guilty of vandalism, your license can be suspended for 1 year. If you are not old enough to drive, your ability to apply for a driver’s license can be delayed for 1 year.
- Non-Driving Reasons for License Suspension: A variety of non-driving violations or issues can result in your license being suspended. These include: not responding to a DMV notice or not appearing in court; failing to pay traffic tickets, fines or surcharges; and not paying child support. If you default on your child support payments, your license can be suspended. In this case you will be given a temporary license for 150 days. You will need to contact the Department of Child Services (DCSS) on this subject.
- Evading a Police Officer: If you attempt to evade a police officer performing their regular duties, you may be subject to imprisonment up to 1 year. If someone is injured, you may be subject to:
- Up to 1-year imprisonment in a county jail OR up to 7 years in a state prison.
- A $2,000 to $10,000 fine.
- Both a fine and imprisonment.
At the time of your arrest, your arresting officer should have given you an Order of Suspension/ Revocation when they confiscated your license. If the officer did not provide you with an Order of Suspension/Revocation, the California DMV will send you one. The order includes a temporary driver’s license that is valid for 30 days from the issue date. Your driver’s license suspension/ revocation will begin at the end of this period of 30 days. If you feel your APS suspension/ revocation was an error, you have 10 days to request a hearing after receiving it.
If you’re under 21 years old, your driver’s license may be suspended for 1 year if you are caught with alcohol in your vehicle (unless the container is full, sealed, and unopened, and you are accompanied by a parent or other approved person). If you are caught driving with a blood alcohol concentration (BAC) of 0.01% or higher, or are driving under the influence (DUI) of alcohol or drugs, your license will be suspended for 1 year.