Driving on a suspended license in Indiana is a criminal offense that carries jail time, fines, and a longer suspension

If your Indiana driver's license is suspended and you drive anyway, you are committing a crime. The state treats this as a separate offense from whatever caused the suspension in the first place. A police officer who stops you can arrest you on the spot, and you will face criminal charges in addition to the original suspension.

The penalties depend on how many times you have been caught driving suspended in Indiana. A first offense carries up to 60 days in jail and a fine up to $500. A second offense within five years means up to 180 days in jail and a fine up to $1,000. A third or subsequent offense within five years can result in up to one year in jail and a fine up to $5,000. Beyond the criminal penalties, your license suspension will be extended, and you will have a criminal record.

Key Takeaways

  • Driving on a suspended license in Indiana is a separate crime from the suspension itself, with penalties ranging from 60 days to one year in jail depending on how many times you have been caught.
  • Your license suspension will be extended if you are convicted of driving suspended, making it harder to regain driving privileges.
  • A police officer can arrest you during a traffic stop if your license is suspended, and you will face criminal charges in court.
  • You can request a work permit or a hardship license in some cases, which allows limited driving for employment or medical reasons while your license is suspended.

How Indiana determines if your license is suspended

Your license becomes suspended through several routes in Indiana. The most common reasons are unpaid traffic fines, failure to pay child support, accumulating too many points from traffic violations, or a DUI conviction. You can also lose your license for failing to maintain auto insurance or for medical reasons if the Bureau of Motor Vehicles determines you are unsafe to drive.

When your license is suspended, the BMV sends you a notice by mail to your address on file. This notice tells you the reason for the suspension and when it will end. If you have moved and did not update your address with the BMV, you may not receive this notice, but that does not protect you from the law. If a police officer runs your name and license number during any traffic stop, the suspension will show up in the system when ready.

What happens during a traffic stop when your license is suspended

When you hand your license to a police officer, they will run it through the Indiana Law Enforcement Agencies Data System (LEADS). If your license shows as suspended, the officer can see the reason and the suspension date. At that point, you have committed the crime of driving with a suspended license, and the officer has the authority to arrest you.

In practice, what happens next depends on the officer's judgment and the circumstances. Some officers will issue a citation and let you call someone to pick up your car. Others will make an arrest on the spot, especially if you have prior convictions for driving suspended or if the suspension is for a serious reason like a DUI. You will be taken to the police station for booking, and you will be held until you can post bail or until a judge sets bail at your first court appearance.

Criminal charges and court process

Driving on a suspended license is prosecuted as a Class B misdemeanor for a first offense in Indiana. You will receive a court date, and you have the right to an attorney. If you cannot afford one, you can request a public defender at your first appearance. The prosecutor must prove that your license was suspended and that you were driving. Your license record and the traffic stop report are the main evidence.

You have options in court. You can plead guilty, plead not guilty and go to trial, or negotiate a plea agreement with the prosecutor. If you plead guilty or are found guilty, the judge will impose a sentence within the range set by law. The judge may impose jail time, a fine, or both. Some judges will suspend part of the jail sentence if you have no prior record and can show you have taken steps to resolve the underlying suspension.

Getting a work permit or hardship license while suspended

Indiana allows you to request a work permit (also called a hardship license) in some cases while your license is suspended. A work permit lets you drive to and from work, to medical appointments, or to court-ordered programs like alcohol treatment. You cannot use it for any other purpose, and it is only valid during the hours and on the routes you list in your request.

To request a work permit, you must go to your local BMV branch in person. Bring your ID, proof of employment (a letter from your employer stating your job and work hours), and proof of residence. There is a fee, which varies but is typically $20 to $30. The BMV will review your request and either grant or deny it. If your suspension is for a DUI, a work permit is harder to get and may require a hearing before a BMV hearing officer. If your suspension is for unpaid fines or child support, a work permit is more likely to be granted if you can show you need to work to pay what you owe.

How to end a suspension and restore your driving privileges

The steps to restore your license depend on why it was suspended. If it was suspended for unpaid fines, you must pay the fines in full. If it was suspended for unpaid child support, you must contact the child support enforcement agency and make a payment plan or pay in full. If it was suspended for accumulating points, you must wait out the suspension period, which is typically one year for a first suspension. If it was suspended for a DUI, you must complete a substance abuse program and pay a reinstatement fee.

Once you have completed whatever requirement caused the suspension, you must go to the BMV in person to request reinstatement. Bring proof that you have met the requirement (a receipt showing fines paid, a letter from the child support agency, a certificate of completion from a treatment program). You will pay a reinstatement fee, which is typically $75 to $100. The BMV will process your request and restore your license on the spot if everything is in order.

How a conviction for driving suspended affects your record

A conviction for driving on a suspended license stays on your criminal record in Indiana. This means it will show up on background checks for employment, housing, and loans. It also means that if you are stopped for driving suspended again in the future, you will be charged as a repeat offender, which carries harsher penalties.

A criminal record can also affect your ability to get certain jobs, especially those that require a clean driving record or a security clearance. Some employers will not hire someone with a misdemeanor conviction. If you are convicted, you may want to explore whether you can have the conviction expunged (erased from your record) after a certain amount of time. Indiana allows expungement of some misdemeanors, but not all, and there are waiting periods. A criminal defense attorney can advise you on whether expungement is possible in your case.

Frequently Asked Questions

Can I get my license back when ready after paying what I owe?

Not when ready, but you can restore it the same day if you go to the BMV in person with proof of payment. If you pay online or by mail, the BMV needs time to process the payment and update their system, which can take several business days. Going in person is faster.

What if I did not know my license was suspended?

Not knowing is not a legal defense in Indiana. The BMV is required to send a notice by mail, and the law assumes you received it even if you did not. If you moved and did not update your address with the BMV, that is your responsibility. The best protection is to check your license status online through the BMV website before driving.

Can I get a work permit if my suspension is for a DUI?

It is possible but more difficult. You will need to request a hearing before a BMV hearing officer, and you must show that you have a genuine hardship and that you are taking steps to address the DUI (such as completing a substance abuse program). The hearing officer has discretion to grant or deny the request.

Will a conviction for driving suspended affect my car insurance?

Yes. Insurance companies will see the conviction on your driving record, and most will raise your rates or drop you entirely. You may have to switch to a high-risk insurance company, which charges much higher premiums. This can last for three to five years depending on your insurance company's policy.

What should I do if I am stopped and my license is suspended?

Stay calm and polite. Tell the officer your license is suspended and ask if you can call someone to pick up your car. Do not argue or try to drive away. If you are arrested, do not answer questions without an attorney present. You have the right to remain silent and the right to an attorney, and you should use both.