It was not suspended for a DUI, but I was caught driving drunk all times under a suspended license.
The real question here is was it subsequently suspended for a DUI after the initial suspension. Any DUI suspensions during the initial suspension make all the suspensions DUI related. That being said on a regular non-DUI related driving while suspended you can be placed in jail for 30 days after your 4th offense. Many judges view this as a mandatory but it is not always imposed. IF you can't restore your license you should look into having an attorney represent you as these cases tend to increase in severity with time.
Please excuse my brevity and any typos as answers are often given using a cellular phone.
Under Section 6503 of the Vehicle Code, a mandatory minimum sentence for DUS under Section 1543(a) is 30 days and a fine of $1000.00 if it is your 6th or subsequent offense. The maximum sentence that may be imposed is 6 months. For offenses number 2 through 5 you are subject to possible incarceration up to 6 months.
If you are charged with driving while suspended DUI-related (1543(b)(1), the minimum sentence is 60 days, regardless of the number of prior offenses, if any.
If you are charged with driving while suspended DUI-related and your BAC was above a .02% (1543(b)(1.1), the minimum sentence is 90 days, for your first offense and increases after that.
If you are charged with any of these offenses, you should consult with an attorney.
Having the right DUI Attorney is the difference between a successful and unsuccessful outcome. The information presented here may not be applicable to every case. Find the right lawyer to help you. Many offer free consultations or you can simply google free dui case evaluation for more information in your area.
If its not dui, it can be sixty days. In theory the Judge could consec you.
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