Yes, you can be arrested for driving with a suspended license
Driving with a suspended license is a criminal offense in every state. Police can stop you, arrest you on the spot, and take you to jail. The charge itself — sometimes called "driving with a suspended license" or "DWLS" — carries potential jail time, fines, and a longer suspension. Whether you actually go to jail depends on the reason your license was suspended, how many times you have done it before, and which state you are in.
The moment an officer runs your plates or license, the suspension shows up in the system. You cannot talk your way out of it, and claiming you did not know is not a legal defense in most states. What matters is that your license was suspended and you were driving.
Key Takeaways
- A suspended license is grounds for arrest, and the officer can take you into custody when ready without a warrant.
- Jail time for a first offense ranges from a few days to several months depending on the state and the reason for suspension.
- Your vehicle can be impounded, and you will face additional towing and storage fees on top of fines and court costs.
- The suspension itself will be extended — driving on a suspended license typically adds months or years to your original suspension period.
- If you need to drive before your suspension ends, you may be able to request a hardship or work permit through the court or DMV.
Why your license gets suspended in the first place
A suspended license is different from a revoked one. Suspension is temporary — it has an end date. Your license was suspended because of something specific: unpaid traffic fines, failure to pay child support, a DUI conviction, too many points from traffic violations, or failure to maintain insurance. Some suspensions are automatic; others require a court order or DMV action.
The reason matters legally. If your license was suspended for a DUI, the penalties for driving suspended are harsher than if it was suspended for unpaid fines. A judge will look at the original reason when deciding your sentence for the new charge.
What actually happens if you are stopped
An officer who discovers a suspended license during a traffic stop can arrest you when ready. You do not have to be doing anything else wrong — speeding, running a red light, or a broken taillight gives the officer a reason to check your license, and that is all they need. Once the suspension appears in the system, the arrest is lawful.
The officer will likely impound your vehicle. You will be taken to a police station or county jail for booking. You may be released on your own recognizance (meaning you promise to show up in court), held on bail, or released after paying a bail amount set by a judge. This depends on the severity of the suspension, your criminal history, and local policy.
Your vehicle will be towed and stored, which costs money — usually $150 to $300 for towing plus $20 to $50 per day for storage. You cannot get the car back until you pay these fees, and you still have to deal with the criminal charge separately.
Criminal penalties vary by state and offense history
A first offense for driving with a suspended license is usually a misdemeanor. Jail time ranges from zero days (a fine only) to 30 days in some states, or up to 6 months in others. Fines typically run from $200 to $1,000. Some states impose both jail time and a fine; others let a judge choose one or the other.
A second or third offense within a certain period (often 5 to 10 years) escalates the charge. You could face 30 days to 6 months in jail, fines of $500 to $2,000, or both. If your license was suspended for a DUI-related reason, penalties are steeper across the board.
The state where you were stopped determines the law. California, Texas, Florida, and New York all have different penalty structures. If you are charged, ask the prosecutor or your attorney what the specific penalties are in your jurisdiction.
Your license suspension will be extended
Driving on a suspended license does not just result in a criminal charge — it automatically extends your suspension. In most states, a conviction for DWLS adds 6 months to 1 year to your original suspension. If you were already near the end of a suspension, this can set you back significantly.
Some states have a "mandatory minimum" extension that applies regardless of the judge's sentence. Others leave it to the judge's discretion. Either way, you will not be able to get your license back on the original date you were counting on.
How to handle a suspended license legally
If your license is suspended and you need to drive, contact your state's DMV or the court that issued the suspension. Many states offer a hardship license or work permit — a limited license that lets you drive to work, school, medical appointments, or court-ordered programs. You usually have to show that driving is essential and that no other transportation is available.
To request a hardship license, you typically fill out a form, pay a fee (usually $50 to $150), and sometimes attend a hearing. The DMV or court will decide whether to grant it. This process takes days to weeks, so start it as soon as you know your license is suspended.
If you cannot get a hardship license, use public transportation, rideshare services, or ask someone else to drive. The cost and inconvenience are real, but they are far less than the cost of an arrest, jail time, impound fees, and a criminal record.
What to do if you have already been arrested
If you have been charged with driving with a suspended license, do not ignore the court date. Missing it will result in an additional charge (failure to appear) and a warrant for your arrest. Show up, even if you plan to plead guilty.
Consider talking to a criminal defense attorney before your court date. Many offer free consultations. An attorney can sometimes negotiate with the prosecutor to reduce the charge, lower the fine, or eliminate jail time — especially if this is your first offense or if there are mitigating circumstances.
Bring documentation showing why your license was suspended and what you have done to address it. If you have paid off the fines that caused the suspension, or completed a DUI program, or started paying child support, tell the court. Judges consider these factors when sentencing.
Frequently Asked Questions
Can I get arrested just for having a suspended license, or do I have to be doing something else wrong?
You can be arrested for the suspension alone. An officer does not need another reason to stop you, though in practice they usually do (a traffic violation, expired registration, etc.). Once they check your license and see the suspension, the arrest is lawful.
What is the difference between a suspended and revoked license?
A suspended license is temporary and has an end date. A revoked license is permanent or nearly permanent — you have to wait years and then reapply. Driving with a revoked license carries harsher penalties than driving with a suspended license. The paperwork from your DMV will say which one you have.
Will a suspended license charge show up on a background check?
Yes. A misdemeanor conviction for driving with a suspended license will appear on criminal background checks for employment, housing, and other purposes. It stays on your record permanently unless you later get it expunged, which varies by state and is not automatic.
Can I get my vehicle back if it was impounded?
Yes, but you have to pay the towing and storage fees first. These are separate from any fines or bail related to the criminal charge. Call the impound lot to find out the total amount owed. Some jurisdictions allow you to retrieve the car before your court date; others require you to resolve the criminal case first.
What if I did not know my license was suspended?
Not knowing is not a legal defense. The DMV sends notice of suspension by mail to the address on file, and the law assumes you received it. If you moved and did not update your address, that is still your responsibility. Ignorance does not prevent arrest or conviction.