When it comes to driver’s licenses, the terms “revocation” and “suspension” are often used interchangeably, but they signify different legal consequences and processes. Understanding these differences is crucial for any driver facing traffic-related issues. Keep reading to learn more and contact Simmons Wagner, LLP at (949) 439-5857 if you require a free legal consultation from a DUI attorney.
Understanding License Revocation
License revocation is a severe action where your driving privileges are completely terminated. This means your driver’s license is permanently taken away. However, in some instances, you might have the opportunity to reapply for a new license. This process involves starting from scratch – completing a vision test, a written driving test, and a road test, along with paying any related fines and application fees. Revocation is typically the result of serious violations, such as repeated DUI/DWI convictions, making false statements on DMV forms, or convictions for serious traffic violations like reckless driving.
Exploring License Suspension
On the other hand, a license suspension is a temporary withdrawal of your driving privileges. Suspensions can be either definite, lasting for a specified period like six months, or indefinite, lasting until certain court-ordered actions are completed (like paying child support or traffic fines). After fulfilling the conditions of the suspension or waiting out the suspension period, you can apply for reinstatement of your license.
Key Differences Between Revocation and Suspension
The primary difference lies in the permanence of the action and the severity of the violation. A revoked license is permanently taken and requires reapplication for a new one, while a suspended license is temporarily on hold and can be reinstated. Revocations are for more severe traffic law violations, whereas suspensions are generally for minor ones. Additionally, restoring driving privileges after a revocation is more challenging than after a suspension.
Legal Recourse: Challenging Suspensions and Revocations
If your license is suspended or revoked, you have the option to challenge it. This usually involves requesting a DMV hearing where you can present evidence to argue that the suspension or revocation is unwarranted. The nature of the evidence will depend on the reasons for the suspension or revocation.
The Consequences of Driving with a Revoked or Suspended License
Driving with a suspended or revoked license is a criminal offense, typically classified as a misdemeanor. Penalties can include jail time, fines, court costs, and probation. Additionally, such offenses may impact your driving record and increase insurance costs.
Restricted or Limited Licenses
In some cases, you may be eligible for a restricted or limited license, which allows driving under specific conditions, such as to and from work, school, or medical appointments. Eligibility depends on the reason for suspension or revocation and the laws of your state. For alcohol-related suspensions, obtaining a restricted license might require installing an ignition interlock device. Contact Simmons Wagner, LLP at (949) 439-5857 if you require a free legal consultation.