What happens when I drive on a suspended license?
What happens if you drive with a suspended license depends on any prior offenses on your record. Typically, if you're caught driving with a suspended license, you're committing a Class 1 misdemeanour. This offence comes with hefty fines and possible jail time.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
UPDATED: Jul 17, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Jul 17, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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What you need to know…
- Driving on a suspended license can lead to a citation, fines, jail time, and/or impounding of your vehicle.
- If a license is suspended, the driver may be able to get a restricted one for limited driving.
- It cannot be reinstated until your sentence is served and all of your fees and fines are paid. You might also have to pay reinstatement fees.
You may be asking: What happens if I drive on a suspended license? Can you drive with a suspended license?
The offense of driving with a suspended license is considered a Class 1 misdemeanor, and it comes with hefty fines and possible jail time. If you’re caught driving under suspension, you could be arrested for committing a first offense, your car could be impounded, and the state may suspend your car registration.
You can avoid jail time for driving on a suspended license if there are no outstanding warrants or additional violations on your record, but this is at the officer’s discretion and not a guarantee. If your driver’s license is suspended, you may face a minimum of four months in jail.
Read this guide for more information on what happens when you get your license suspended.
What is the difference between a suspended vs. revoked license?
Driving with a suspended license, called Driving While License Revoked (DWLR) in some states, is a misdemeanour that can come with a minimum of four months in jail. This doesn’t mean that revoked is the same as suspended.
The difference between a suspended and revoked license is that a revocation is the permanent seizure of your rights, while a suspension is only temporary.
Charges that result in a revoked license are more severe than a suspension or are the result of multiple suspensions. If you are unsure whether or not your license is suspended, you can run a license suspension check by requesting your driving record from the DMV.
Driving while suspended might also come with lesser consequences than driving while revoked, but if you’re caught, you’ll still be facing criminal charges. Understand your rights and find an attorney near you that is familiar with your state’s traffic laws.
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What happens when you drive with a suspended license?
Getting caught driving with a suspended license means that you can definitely expect a citation and fine. Your car will immediately be impounded for up to 30 days, and you may be arrested if you have other violations or charges against you.
Depending on where you live, your plates could be seized or you may have to complete community service hours. Each state has different laws regarding suspensions and punishments. Visit the National Conference of State Legislatures for a list of suspended license laws by state and to find out more about what happens when license is suspended.
Is it a felony to drive with a suspended license?
Usually, your first conviction is a misdemeanor. Depending on where you live, a first offense will result in fines, jail time, or both.
Subsequent convictions can quickly turn into felonies.
For example, if this is your third offense, you will face felony charges in both Florida and Georgia that come with $5,000 fines and five years in jail. But if you live in Indiana, your first offense is considered a felony. Hiring a lawyer near you that specializes in traffic violation laws and suspensions can help you navigate the individual laws in your state.
Can a cop pull you over for a suspended license?
Police officers can pull over any driver with probable cause. Speeding violations, burnt-out headlights, and suspicious behavior all qualify as probable cause. A traffic ticket can quickly turn into something bigger if a police officer searches your plates and finds out about your suspension.
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When can I drive on a suspended license?
If it is suspended, you may drive only if you qualify for a restricted license. This will give you permission to drive to and from work, school, medical appointments, or any other necessary trips that are approved by a judge.
If you’re caught outside of your restricted area or time frame, you’ll be charged with DWLR and will face the charges and fines mentioned above.
What happens if caught driving with a suspended license?
If you’re caught, you’ll most likely be arrested. You’ll receive a citation, a steep fine between $300 and $1,000, and a court date. Failure to appear in court can lead to harsher charges and a prolonged suspension period.
Depending on your circumstances, the officer may decide not to arrest you at the scene, but your car will be impounded regardless.
Now that you know what will happen if you drive with a suspended license, let’s take a look at your rights regarding conviction and sentencing.
What are the penalties for a conviction of driving after a suspension of your license?
The consequences of a conviction vary by state. Most state laws have tiered sentencing for suspended license charges. For example, a conviction of third-offense driving on a suspended license can come with up to five years in jail in some states.
If this is your first offense, you could avoid jail time. Find a lawyer near you that understands your state’s laws. They could help you reduce your sentence and fines.
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How can you avoid jail time for driving on a suspended license?
This is a criminal offense, but hiring a lawyer could mitigate some of your charges. They will appear in court on your behalf and can argue for reduced or amended charges.
Can you get away with driving with a suspended license?
This is illegal in all 50 states, so don’t push your luck.
If you need to drive, you can request restricted driving privileges from the court that will put conditions on when and where you’re allowed to drive.
There is no way to get away with this, but laws in many states are changing.
According to the American Association of Motor Vehicle Administrators, studies have shown that suspending driving privileges is not effective, especially when the DL is suspended for non-traffic related offenses. Some states have made changes to their laws to reflect this, including Texas and Virginia in 2019.
How do you reinstate a suspended license?
You can get your driver’s license back with a DMV reinstatement.
If your license is suspended, you cannot get it reinstated until your sentence is served and all of your fees and fines are paid. You might also have to pay reinstatement fees. You will also need an SR-22 filing for your car insurance. It’s recommended that you take a defensive driver education program too, as this can take points off your license.
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Where can I reinstate my license?
Depending on where you live and the severity of your charges, you may apply to reinstate it through online services or through the mail. However, the court can order that you must do so in person at your local DMV license office.
Case Studies: Driving With a Suspended License
Case Study 1: First Offense With a Suspended License
John had his driver’s license suspended due to accumulating too many traffic violations. Despite being aware of the suspension, he decided to drive to work one morning. Unfortunately, he was pulled over by the police and cited for driving with a suspended license. In his state, a first offense for this violation is considered a misdemeanor.
John had to pay a substantial fine and faced the possibility of up to six months in jail. Fortunately, he hired a lawyer who successfully argued for a reduced sentence, resulting in probation and community service.
Case Study 2: Multiple Offenses and Felony Charges
Sarah had her driver’s license suspended multiple times due to various infractions. Ignoring the suspensions, she continued to drive without a valid license. On one occasion, she was caught by law enforcement during a routine traffic stop. Given her history of repeated offenses, Sarah faced felony charges for driving with a suspended license.
She hired an experienced attorney who negotiated with the prosecution and was able to secure a plea deal, reducing the charges to a misdemeanor. Sarah received a suspended sentence, probation, and mandatory enrollment in a driver’s education program.
Case Study 3: Driving on a Suspended License and Additional Violations
Michael had his license suspended following a DUI conviction. Despite the suspension, he continued to drive under the influence of alcohol. During one instance, he was pulled over by the police for erratic driving. Not only was he charged with driving with a suspended license, but he was also arrested for another DUI offense.
Due to the seriousness of the violations and his prior record, Michael faced severe consequences. He was sentenced to significant jail time, hefty fines, mandatory substance abuse treatment, and an extended license suspension.
How can I find a lawyer?
After reading this guide, we hope you better understand your rights. Driving on a suspension is a criminal offense. You’ll be sentenced with fines and penalties, and you may even face jail time.
Find the right lawyer for your legal issue.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.