The penalty for driving with a suspended license in Louisiana in 2019
Driving with a suspended license in Louisiana is a criminal offense, not just a traffic violation. In 2019, the penalty depends on whether this is your first offense and whether your license was suspended for unpaid traffic fines, a DUI conviction, or another reason. A first offense typically results in a fine between $300 and $1,000, up to 30 days in jail, or both. A second offense within five years carries a fine of $500 to $1,000 and up to 60 days in jail. A third or subsequent offense within five years can mean a fine of $1,000 to $2,000 and up to six months in jail.
The actual penalty you face also depends on the reason your license was suspended. If it was suspended for unpaid traffic fines or child support, the consequences may differ from a suspension tied to a DUI or reckless driving conviction. Louisiana courts have discretion in sentencing, so two people charged with the same offense may receive different penalties based on their driving history, the circumstances of the stop, and the judge handling the case.
Key Takeaways
- A first offense of driving with a suspended license in Louisiana carries a fine of $300 to $1,000 and up to 30 days in jail.
- A second offense within five years increases the penalty to $500 to $1,000 in fines and up to 60 days in jail.
- The reason your license was suspended—whether for unpaid fines, DUI, or another violation—can affect the severity of the penalty.
- You can be charged even if you were unaware your license was suspended, so checking your license status before driving is important.
How Louisiana determines if your license is suspended
Your license can be suspended in Louisiana for several reasons: unpaid traffic fines, failure to pay child support, a DUI conviction, accumulating too many points on your driving record, or failing to maintain required insurance. The Louisiana Office of Motor Vehicles (OMV) maintains the suspension list, and law enforcement can check this list during any traffic stop.
You are responsible for knowing whether your license is suspended, even if you did not receive a notice in the mail or if the notice went to an old address. If you move and do not update your address with the OMV, suspension notices may not reach you. You can check your license status by calling the OMV at 225-925-6146 or visiting the Louisiana Department of Public Safety website. Checking before you drive eliminates the risk of being stopped while suspended.
What happens during a traffic stop for a suspended license
When a police officer runs your license during a traffic stop and discovers it is suspended, they will inform you of the suspension and may issue a citation for driving with a suspended license. You will be asked to sign the citation, which is not an admission of guilt but a promise to appear in court or pay the fine. The officer may impound your vehicle, depending on the circumstances and local police policy.
You have the right to refuse a search of your vehicle and to remain silent beyond providing your license, registration, and proof of insurance. If you are arrested, you will be taken to a police station or jail for booking. At that point, you can request to speak with a lawyer. Do not answer questions about why you were driving or where you were going without a lawyer present.
Jail time and fines for different offense levels
Louisiana law distinguishes between first, second, and subsequent offenses within a five-year period. The five-year window resets after five years have passed without another suspension-related driving charge.
| Offense Level | Fine Range | Jail Time |
|---|---|---|
| First offense | $300–$1,000 | Up to 30 days |
| Second offense (within 5 years) | $500–$1,000 | Up to 60 days |
| Third or subsequent (within 5 years) | $1,000–$2,000 | Up to 6 months |
A judge may impose the fine, jail time, or both. Some judges may also order you to complete a driver improvement course or community service. If you cannot pay the fine, you may be able to request a payment plan or community service in lieu of payment, though this depends on the judge and the specific court.
How a suspended license conviction affects your driving record
A conviction for driving with a suspended license stays on your Louisiana driving record for at least three years and can remain for longer depending on the offense. This conviction counts toward your point total under Louisiana's point system. Accumulating too many points can result in license suspension or revocation, creating a cycle where you are suspended again.
A conviction also affects your insurance rates. Insurance companies view this as a high-risk behavior, and your premiums will likely increase significantly. Some insurers may refuse to renew your policy altogether. If you are required to carry SR-22 insurance (proof of financial responsibility), the conviction will extend how long you must carry it.
Steps to take if you are charged with driving with a suspended license
First, do not ignore the citation or court date. Failing to appear in court will result in an additional charge and a warrant for your arrest. Contact the court listed on your citation to confirm the date, time, and location of your hearing.
Second, gather documentation about why your license was suspended. If it was suspended due to unpaid fines, collect proof of payment or a payment plan agreement. If it was suspended for another reason, obtain documentation showing you have resolved that issue—for example, proof of child support payments or proof of insurance. Bring this documentation to court.
Third, consider consulting with a criminal defense attorney. Many offer free initial consultations. An attorney can review the circumstances of your stop, determine whether the officer had legal grounds to stop you, and negotiate with the prosecutor for a reduced charge or penalty. In some cases, charges can be dismissed if the officer violated your rights during the stop.
How to restore your suspended license
The process for restoring your license depends on why it was suspended. If it was suspended for unpaid fines, you must pay those fines in full or arrange a payment plan with the court. If it was suspended for unpaid child support, you must contact the Office of Family Support to arrange payment or a payment plan. If it was suspended for a DUI, you may need to complete a substance abuse program and install an ignition interlock device on your vehicle.
Once you have resolved the underlying issue, contact the Louisiana Office of Motor Vehicles to request reinstatement. You may be required to pay a reinstatement fee, which varies depending on the reason for suspension. The OMV will notify you when your license has been restored. Until you receive that notification, you should not drive, as your license remains suspended.
Frequently Asked Questions
Can I drive to work if my license is suspended?
No. Louisiana does not issue "work-only" licenses or restricted driving permits for suspended licenses. Driving for any reason while suspended is illegal and can result in criminal charges. Your only legal option is to use public transportation, carpool, or arrange rides until your license is restored.
What if I did not know my license was suspended?
Lack of knowledge is not a legal defense. You are responsible for knowing the status of your license. However, if you can demonstrate that you took reasonable steps to stay informed—such as updating your address with the OMV—a judge may consider this when deciding on a penalty, though it does not eliminate the charge.
Will a conviction for driving with a suspended license show up on a background check?
Yes. A criminal conviction appears on background checks used by employers, landlords, and others. The conviction will remain visible for several years. Some employers and housing providers may deny you based on this conviction, so it is important to understand the long-term consequences before your court date.
Can I get the charge dismissed if the officer made a mistake?
Possibly. If the officer stopped you without legal grounds, conducted an illegal search, or made errors in the citation itself, your attorney may file a motion to dismiss. However, this requires proving the officer's error in court, which is why consulting with an attorney is valuable.
What is the difference between a suspended and revoked license in Louisiana?
A suspended license is temporary and can be restored once you resolve the underlying issue. A revoked license is permanent and requires you to reapply for a new license after a waiting period, which may include retaking the written and driving tests. Revocation is a more serious consequence typically reserved for serious violations like multiple DUIs.