The difference between a driver’s license revocation and a license suspension is that a revocation is permanent, whereas a suspension is temporary. However, if your license has been revoked, you may still be able to get a new one. Whether it is revoked or just suspended, though, driving without a valid license is a criminal offense.
What is a driver’s license revocation?
If your driver’s license gets revoked, that means it is taken away for good. Your driving privileges are terminated. You will be permanently deprived of your driver’s license.
However, in some cases, you can get a new license after yours has been revoked. To get a new license, though, you have to start from the beginning, just like when you got your first one. You will generally have to pass a:
- vision test,
- written driving test, and
- driving test on the road.
You will also have to pay the application fees and any fines related to the offense that led to the revocation. You will also have to satisfy any other outstanding court orders.
It is not uncommon for the state Department of Motor Vehicles (DMV) to revoke your license for a certain period of time. The length of time will depend on the reason for the revocation. Once it has passed, though, you can begin the reapplication process.
However, certain criminal offenses lead to a permanent license revocation. For example, in California, convictions for the following offenses mean that you cannot have a driver’s license in the future:
- driving under the influence (DUI) causing murder, and
- felony assault using the vehicle as a deadly weapon (Penal Code 245(a)(1)).
What is a driver’s license suspension?
If your driver’s license gets suspended, that means that your driving privileges have been taken away temporarily.
Counterintuitively, the temporary suspension can be either:
- a definite suspension, or
- an indefinite suspension.
A definite suspension is for a specified length of time, like 6 months. Once the time has passed, you can file for a reinstatement of your suspended license.
An indefinite suspension is for an open-ended length of time. Typically, it will last until you do a specified action as ordered by the court. This can be:
- paying off any child support that you owe, or
- paying unpaid traffic tickets.
Once you have performed the required action, you can begin the reinstatement process.
What is the difference between the two?
The key difference is whether your license will be terminated or just put on hold.
When your license is revoked, it is basically taken from you and thrown away. If you are ever able to restore your driving privileges, it would be by getting a new license.
When your license is just suspended, it is only temporary. When you complete the reinstatement process, you will get your old license back.
Other differences between the two are:
- revocations are for severe violations of traffic law, while suspensions are for relatively minor ones,
- revocations will generally deprive you of your right to drive for longer amount of time than a suspension, and
- it is more difficult to get your driving privileges restored after a revocation than after a suspension.
What can lead to a revoked license or a suspended license?
Some common violations that can lead to your license getting suspended are:
- a first-time offense of DUI,
- refusing to take a chemical test during a DUI traffic stop,
- not paying fines for a traffic offense,
- driving without proof of insurance, and
- you have developed a medical condition that makes it unsafe to drive.
Some common reasons for a license revocation are:
- repeated DUI/DWI convictions,
- making false statements on a DMV form, and
- criminal convictions for serious traffic violations, such as for reckless driving.
Getting the legal advice of a defense lawyer from a reputable law firm can be the best way to protect your driving privileges and fight any criminal charges that you are facing.
Can I challenge a license suspension or revocation?
If your license gets suspended or revoked, you can challenge it. This generally involves demanding a DMV hearing.
At this hearing, you can present evidence that the suspension or revocation is not warranted. The evidence that you would present would depend on the reason for the revocation or suspension.
A good defense or DUI lawyer can help you protect your driving privileges at this hearing.
What are the penalties for driving with a revoked or suspended license?
Driving a motor vehicle on a suspended driver’s license or a revoked driver’s license is a criminal offense. It is generally a misdemeanor, though state laws can vary.
In California, for example, driving a motor vehicle while knowing that your license is suspended or revoked is a misdemeanor that carries up to:
- 6 months of jail time,
- $1,000 in fines,
- court costs, and/or
- probation.[1]
It may also show up on your driving record and increase the costs of car insurance.
What is a restricted or limited license?
If your license has been revoked or suspended, you may be able to get a restricted license. This would protect some of your driving privileges so that you can continue to live your life.
Eligibility for a restricted license will depend on your state and the reason for the revocation or suspension. If the reason for the suspension or revocation was a severe traffic violation, it can be more difficult to get a limited license.
A restricted license would let you drive in certain circumstances and under certain conditions. For example, it might let you drive during the daytime, or to and from:
- work,
- probation meetings,
- school,
- a drug or alcohol treatment program,
- community service requirements,
- court hearings, and
- medical appointments.[2]
If the suspension was for drunk driving or was otherwise alcohol-related, you may be able to get a restricted license for your suspension period by installing an ignition interlock device.
Legal References:
[1] California Vehicle Code 14601 VC.
