There are two different code sections which govern the driving without a valid license in California. The first is Vehicle Code section 12500. Under this statute, a person may not drive a vehicle unless the person holds a valid driver’s license. This violation can be filed either as a misdemeanor or an infraction. A misdemeanor exposes the person to jail time. An infraction is merely a ticket that carries a fine.

Persons get their licenses suspended for a multitude of reasons. The most typical reason is that they forgot to appear in court for a traffic violation on the date they were advised to be there as written on the traffic ticket. When one fails to appear to court, the consequence will be two-fold. First, the court will add a second count to your ticket under Vehicle Code 40508, a failure to appear that carries a fine of approximately $800.00. Second, the court will issue an abstract to the DMV to suspend your license under Vehicle Code 40509.

When this situation appears, the case may be filed as a misdemeanor. If this is your case, then it is imperative that you get your license back as soon as possible. By putting the traffic ticket that caused the suspension back on calendar and requesting that the court issue an abstract, the suspension should be lifted. You must go back to the DMV to have your license reissued. Currently, the fee for the DMV is $55.00.

If you are a first offender, then an experienced criminal defense attorney should be able to reduce the misdemeanor to an infraction if the proper procedure is taken and you are able to get your license back. If you cannot get your license back, then it is likely that probation and a fine will be negotiated by your lawyer.

If you have received several tickets for violation of Vehicle Code 12500, or if you have a suspension due to a Driving Under The Influence charge, then you will probably be charged with a Violation of Vehicle Code 14601. This section is much harsher. This is likely because you have been put on notice that your license is suspended and you continue to drive. Under this code section, it is likely that the prosecution will seek to place you in custody for 10 days.

The standard plea for a first-time DUI offense in Los Angeles County includes an order from the court to complete a first offender alcohol program (AB 541), 36 months of summary probation and a fine plus penalty assessments that usually totals about $2,000.00. The standard first-offender plea agreement only applies to those DUI cases that do not involve bodily injury.

However, beginning January 1, 2010, the court will also impose an order that will include installation of an interlock ignition device (IID) on any vehicle that the defendant drives. The device will be imposed for a mandatory time of 5 months.

The IID is a device that is installed in your vehicle that requires you to blow into a machine that will measure your Blood Alcohol Concentration (BAC). In other words, a breathalyzer. Vehicles that have an IID in place will require the driver to provide a sample of breath before the vehicle will start. The IID will have a predetermined BAC level and if the sample of breath exceeds the predetermined BAC level then the vehicle will not start.

The device is equipped with a log that stores the evidence, and includes all passes, warns and fails. Because the machines are monitored every certain period of time, the evidence collected will be reported to the relevant authorities. This is required not only for evidence collection, but also to ensure that the IID is calibrated correctly.

These devices also collect data about any attempts of circumvention and tampering. Again, any evidence found will be reported to the relevant authorities. Further, there will be penalties imposed against those individuals who assist in the tampering or circumvention of the IID device.

How does the IID affect you? Many people have jobs that require that they drive for a living. For example, drivers (bus, school, courier service, ambulance) may lose their job due to this new law. Most employers will not consent to their vehicles being fitted with IID devices so that you can start the car. In addition to the embarrassment associated with the act of blowing into the IID prior to ignition. It is likely that you will be terminated.

Finally, the cost of the IID device will also be a burden on you. It is your responsibility financially to have the system installed. The cost for the IID is usually about $2.50 per day, plus an installation fee that will range from $75.00 to $100.00.