DUI and other serious traffic crimes and violations can result in harsh criminal penalties upon conviction. However, if you break California traffic laws too often and drive on a suspended driver’s license, you could be labeled and charged as a “habitual traffic offender.”
You could be charged as a habitual traffic offender if you committed any of the following within a 12-month period:
Committed two or more serious traffic offenses (e.g., DUI, hit and run, reckless driving, etc.) and you had been driving with a suspended license
Committed three or more minor traffic violations (e.g., speeding, failure to yield, run a stop sign, etc.) and you had been driving with a suspended license
Being involved in three or more serious car accidents (e.g., involving injury, death, or more than $750 in property damage) and you had been driving with a suspended license
Being involved in any combination of crashes and violations that lead to three or more points on your driver’s license and you had been driving with a suspended license
If you commit two DUI within a span of one year, you would also be charged as a habitual traffic offender since the second DUI occurred while your driver’s license was suspended for the first offense. Furthermore, if you are convicted of a fourth DUI offense, you will be given habitual traffic offender status for three years.
A first-time habitual traffic offender charge is punishable by a maximum jail sentence of 30 days or up to three years of probation, and a fine of up to $1,000. A subsequent offense carries a jail term of up to six months or up to three years of probation, and a maximum fine of $2,000.
Keep in mind, the habitual traffic offender penalties are in addition to the DUI penalties you face. In addition, driving with a suspended license can lead to other separate penalties.
The following are common legal defenses to challenge a habitual traffic offender charge:
You did not receive a notice from the DMV or otherwise informed about your license suspension or revocation
You were not involved in an accident and was falsely arrested for the charges
You were driving with a suspended license because of an emergency or otherwise out of necessity
If you have been arrested for a DUI in Santa Barbara, call Appel & Morse at (805) 467-6060 or fill out our online contact form today to schedule a free initial consultation. More than 40 years of combined trial-tested experience!