Driving on a suspended license (after losing the privilege to drive for "driving under the influence") is a misdemeanor, and a serious violation of the DUI Court probation terms. There is no justification for driving without a valid license and insurance and doing so may be cause for termination from the DUI Court program. If retained in the program, there will be a jail sanction of 72 hours (in lieu of a probation violation), and the participant may separately suffer a law violation for which he/she could be punished according to the Vehicle Code. Driving on a suspended license may prevent a participant from being approved for SEC (secured electronic confinement) which is the normal manner in which participants serve the DUI statutory minimum jail sentence.
The DMV controls license suspensions, and the re-issuance of a restricted or full privilege license. California Law provides for a 2 year suspension of the privilege to drive on a 2d DUI conviction (within 10 years): for a 3 year revocation upon a 3d conviction. A person convicted of DUI who timely signs up for a DMV approved multiple offender school (18 month) may be eligible for a restricted license 1 year after beginning the school. DMV often requires the approval of the Court to grant the restricted license. The Court will approve a restricted license for all DUI Court participants who are in compliance with the DUI Court program and will notify DMV of that fact upon the request of the participant.
A DMV-approved program is required each time someone is convicted of driving under the influence. One of the terms of probation and a requirement of DMV to obtain a driver's license is to enroll in and complete an approved multiple offender education program. A first offender program is normally shorter in length. If someone has multiple offenses and has not completed a program for each offense, it is important to discuss the DMV program with the Court to insure that the DMV obligation is satisfied. Make sure any referral to a program includes all court case numbers for which a program has not been completed and a statement by the Court that the programs can be completed "concurrently".