Driving with a suspended license is illegal, and the consequences depend on why your license was suspended and whether this is your first offense
A suspended license means your driving privilege has been temporarily taken away by your state's Department of Motor Vehicles or a court. When you drive anyway, you are committing a separate crime — one that carries its own fines, jail time, and license consequences. The specific penalties vary by state and by the reason for the suspension, but all states treat this as a serious violation.
The difference between suspension and revocation matters. A suspension is temporary — your license will be restored after you meet certain conditions, like paying a fine or completing a program. A revocation is permanent, though you may be able to reapply after a waiting period. Driving on either one is illegal, but the legal consequences are usually harsher if your license was revoked.
Key Takeaways
- Driving with a suspended license is a separate criminal charge that can result in fines ranging from a few hundred to several thousand dollars, depending on your state and whether this is a repeat offense.
- Most states impose jail time for this offense — typically a few days to several months for a first offense, and longer for repeat violations.
- A conviction for driving with a suspended license will itself suspend or extend your license suspension, creating a cycle that makes it harder to restore your driving privilege.
- Your vehicle may be impounded, and you will be responsible for towing and storage fees even if someone else was driving.
- The reason your license was suspended in the first place — unpaid tickets, DUI, medical reasons — still needs to be resolved before you can drive legally again.
Why your license gets suspended in the first place
Your license can be suspended for many reasons. The most common are unpaid traffic tickets or court fines, failure to pay child support, a DUI or reckless driving conviction, accumulating too many points from traffic violations, or failing to maintain car insurance. Some states suspend licenses for medical reasons — if you have a seizure disorder or other condition that affects your ability to drive safely, the DMV may suspend your license until you provide medical clearance.
You should receive notice of a suspension before it takes effect, usually by mail to the address on your license. If you move and do not update your address with the DMV, you might not see the notice. That does not make the suspension invalid — it is still in effect whether you knew about it or not. If you are unsure whether your license is suspended, you can check your status on your state's DMV website or call the DMV directly.
Criminal penalties for driving on a suspended license
Driving with a suspended license is typically charged as a misdemeanor, though some states treat repeat offenses as felonies. A first offense usually carries a fine between $300 and $1,000, though some states go higher. You may also face jail time — typically 5 to 30 days for a first offense, though this varies widely by state. A second or third offense within a certain period (often 5 to 10 years) can double or triple both the fine and jail time.
The reason your license was suspended affects the severity of the charge. If it was suspended for a DUI-related reason, the penalties are usually harsher than if it was suspended for unpaid tickets. Some states have a separate, more serious charge called "driving with a suspended license due to DUI" that carries mandatory jail time even for a first offense.
You will also face court costs and fees on top of the fine. These can add another $200 to $500 to your total bill. If you cannot pay the fine, you may be able to set up a payment plan with the court, though this varies by jurisdiction.
What happens to your license after a conviction
A conviction for driving with a suspended license will itself result in a new suspension or an extension of your current one. If your license was already suspended, the court will typically add 6 months to 2 years to the suspension period. If your license was not suspended before, this conviction will suspend it for a period set by your state — often 6 months to 1 year.
This creates a compounding problem: you cannot restore your license until you resolve the original reason for the suspension (paying fines, completing a DUI program, getting medical clearance), and now you also cannot restore it until you resolve the new suspension from the driving-while-suspended conviction. Both must be cleared before the DMV will reinstate your license.
Vehicle impoundment and towing costs
If you are pulled over while driving on a suspended license, your vehicle will likely be impounded. The police officer will arrange for a tow truck to take your car to an impound lot. You are responsible for the towing fee (typically $200 to $500) and daily storage fees at the lot (typically $25 to $75 per day). These fees accumulate quickly — a car impounded for a week can cost $400 to $1,000 just in towing and storage.
To get your car back, you must pay all towing and storage fees in full. Some impound lots will not release the vehicle until you also show proof that your license has been reinstated or that you have a valid driver's license. If you cannot afford the fees, your car may be sold at auction after a certain period (usually 30 to 90 days), and you will still owe any remaining balance.
How to restore your license after a suspension
The steps to restore your license depend on why it was suspended. If it was suspended for unpaid tickets or fines, you must pay them in full or set up a payment plan with the court. If it was suspended for failure to maintain insurance, you must provide proof of current insurance to the DMV. If it was suspended for a DUI, you may need to complete a DUI education program, install an ignition interlock device, and pay a reinstatement fee.
Once you have resolved the underlying reason, you must request reinstatement from your state's DMV. This is usually done online, by mail, or in person at a DMV office. There is typically a reinstatement fee (ranging from $50 to $300, depending on your state). The DMV will process your request and notify you when your license is restored. Until you receive that notification, you are still driving illegally if you drive.
If your suspension was due to a conviction for driving with a suspended license, you must wait out the suspension period set by the court before you can even request reinstatement. You cannot speed this up by paying a fee — you straightforward have to wait.
What to do if you are pulled over
If a police officer stops you and discovers your license is suspended, be honest and calm. Do not try to hide the suspension or claim you did not know about it — the officer can check your status when ready through their computer. Provide your license and registration, answer questions directly, and do not argue about whether the suspension is valid.
The officer will likely issue you a citation for driving with a suspended license. You will be given a court date and instructions on how to respond. Do not ignore the citation — failing to appear in court will result in an additional charge and a warrant for your arrest. If you cannot afford a lawyer, you can request a public defender at your first court appearance.
If your vehicle is impounded, ask the officer for the name and location of the impound lot and what you need to do to retrieve it. Get a receipt or case number for your records.
Frequently Asked Questions
Can I drive to the DMV to restore my license?
No. Driving to the DMV while your license is suspended is still illegal, even if your purpose is to restore it. You must arrange a ride with someone who has a valid license, use public transportation, or request a hearing by mail or phone if your state offers that option. Some DMVs allow you to handle reinstatement entirely online or by mail.
What if someone else was driving my car when it was impounded?
You are still responsible for towing and storage fees, even if you were not the one driving. The vehicle is registered to you, so the impound lot will bill you. You may have a legal claim against the person who was driving, but that is a separate civil matter between you and them.
Does a suspended license suspension show up on a background check?
A conviction for driving with a suspended license will show up on a criminal background check. The suspension itself is a DMV record, not a criminal record, so it may not appear on all background checks — but employers and landlords who check driving records will see it. A criminal conviction is more serious and will appear on most background checks.
Can I get a hardship license while mine is suspended?
Some states issue restricted or hardship licenses that allow you to drive to work, school, or medical appointments while your license is suspended. You must request this from the court or DMV, and approval is not may provide. The reason for your suspension matters — hardship licenses are more commonly granted for suspensions due to unpaid fines than for DUI-related suspensions.
What happens if I get pulled over a second time while suspended?
A second offense for driving with a suspended license carries harsher penalties — higher fines and longer jail time. Some states charge it as a felony if you have multiple violations within a certain period. Each violation also extends your suspension period, making it even harder to restore your license.