A Vehicle Code 398 suspension typically lasts one year, but the exact length depends on whether it's your first offense and what happened during the stop.

A Vehicle Code 398 violation in California means you drove with a suspended or revoked license. When the DMV suspends your license for this reason, you're looking at a mandatory one-year suspension as a baseline. However, the clock doesn't start the moment you get the ticket — it starts when the DMV officially processes the suspension, which can take weeks after your arrest or citation.

If this is not your first Vehicle Code 398 violation within a ten-year period, the suspension period gets longer. A second offense within ten years means a two-year suspension. A third or subsequent offense means a three-year suspension. The ten-year window is measured from the date of each prior conviction, not from when the suspension ended.

You also need to know that a Vehicle Code 398 suspension is separate from any suspension the court may impose as part of a criminal sentence. You could face both at the same time, and they run independently of each other.

Key Takeaways

  • A first Vehicle Code 398 suspension lasts one year from the date the DMV officially processes it, not from the date of your citation.
  • A second Vehicle Code 398 conviction within ten years results in a two-year suspension; a third or more results in a three-year suspension.
  • The DMV suspension and any court-ordered suspension are separate and run at the same time, so you must satisfy both before driving legally again.
  • You can request a DMV hearing within ten days of receiving the suspension notice to contest the suspension, which may delay the start date.
  • After the suspension period ends, you must complete a reissue process with the DMV before your license is restored.

When the Suspension Clock Actually Starts

The suspension doesn't begin on the day you were cited or arrested. It begins on the date shown in the DMV's official suspension notice, which arrives by mail after the court reports your conviction or after the arresting officer submits the citation to the DMV. This can take anywhere from two to eight weeks depending on how quickly the paperwork moves through the system.

If you request a DMV hearing to contest the suspension, the suspension is typically stayed (paused) until after the hearing. If you lose the hearing, the suspension then begins, usually within a few days of the hearing decision. If you win, the suspension is dismissed entirely.

How Prior Convictions Extend Your Suspension

The DMV looks back ten years from the date of your current conviction to count any prior Vehicle Code 398 convictions. Each prior conviction adds one year to your suspension. This means a second offense gets you two years, and a third gets you three years — not one year plus additional penalties on top.

The ten-year lookback window is strict. A conviction from eleven years ago does not count. But a conviction from nine years and eleven months ago does. The DMV will have this information in your driving record, and you can review your record online through the DMV website or by requesting a copy by mail.

The Difference Between DMV Suspension and Court Suspension

When you're convicted of Vehicle Code 398, two separate suspensions can happen. The DMV suspension is automatic and administrative — it happens because you drove with a suspended license. The court may also impose its own suspension as part of your sentence, separate from the DMV action.

These suspensions run at the same time, but they are tracked separately. You cannot drive legally until both are complete. If the court suspension is shorter than the DMV suspension, you still cannot drive when the court suspension ends — you must wait for the DMV suspension to end. If the DMV suspension is shorter, the same rule applies in reverse.

What Happens When Your Suspension Period Ends

When the suspension period is over, your license is not automatically restored. You must complete a reissue process with the DMV. This typically involves paying a reissue fee (currently $100 in California, though this can change) and providing proof that you've completed any court-ordered requirements, such as traffic school or a DUI program if one was required.

You'll receive instructions on how to reissue your license in the suspension notice itself. Some people can reissue online through the DMV website; others must visit a DMV office in person. If you don't complete the reissue process, your license remains suspended even after the suspension period ends.

Requesting a Hearing to Challenge the Suspension

You have the right to request a DMV administrative hearing within ten days of receiving the suspension notice. At this hearing, you can present evidence that you did not drive with a suspended license, or that there are other grounds to overturn the suspension. Requesting a hearing does not automatically stop the suspension, but it does pause it until after the hearing is decided.

To request a hearing, follow the instructions on the suspension notice itself. You'll need to submit the request in writing, usually by mail or online through the DMV website. The hearing is conducted by a DMV hearing officer, not a judge, and you can represent yourself or bring an attorney.

Frequently Asked Questions

Does the one-year suspension start from the date I got the ticket or from when the DMV sends the notice?

It starts from the date on the DMV's official suspension notice, which arrives weeks after your citation. The DMV must process the paperwork from the court or the arresting officer first. Check the suspension notice for the exact start date.

If I have two Vehicle Code 398 convictions, is it two years total or one year plus another year?

It's two years total, not three. The suspension period itself increases with each prior conviction within the ten-year window. A second conviction means a two-year suspension from the date it begins, not a one-year suspension plus an additional penalty.

Can I drive during my suspension if I get a restricted license?

Not for a Vehicle Code 398 suspension. The DMV does not issue restricted licenses for this violation. You cannot drive at all until the full suspension period is complete and you've finished the reissue process. Driving during the suspension is itself a criminal offense.

What if the court gave me a shorter suspension than the DMV did?

You still must serve the longer suspension. The DMV suspension and the court suspension are separate and independent. You cannot drive legally until both are finished, so you follow whichever one lasts longer.

Do I have to pay a fee to get my license back after the suspension ends?

Yes. California charges a reissue fee (currently $100) to restore your license after a suspension ends. You'll also need to provide proof of completing any court-ordered programs. The exact requirements are listed in your suspension notice.