One consequence of a DUI conviction is a license suspension. Not being able to drive is a serious incontinence to many people. Although public transportation is a viable option for many people in Portland, in outlaying areas the inability to drive is severely limiting. For this reason, it is important to fight for your license at both the DMV and in the courts.
When someone's license is suspended, it might be tempting to simply drive anyway. Driving with a suspended license due to a DUI is a separate crime. If someone is caught driving after his license was suspended for either a DUI conviction, or after an administrative suspension for failing or refusing a breath test, he will likely be charged with a new misdemeanor of DWS. There are other types of license suspensions as well, but the focus of this post is license suspensions arising out of driving under the influence.
Like any other crime, a driving while license suspended charge could carry fines, custody or probation. Indeed, there is a mandatory fine of $1000.00 for a DWS where the underlying suspension was due to a DUI conviction. Moreover, it could be a probation violation for the underlying DUI charge that resulted in the license suspension.
For all these reasons, it is best to avoid a DWS charge altogether. If a driver is charged with DWS, however, the next best thing is to immediately talk to a criminal defense lawyer who understands the interplay between the DWS charge and the original DUI.
