Suspended license driving is usually a misdemeanor, but the charge depends on your state and how many times you've done it
In most states, driving with a suspended license is charged as a misdemeanor — a crime less serious than a felony but still a criminal offense. However, some states treat it as an infraction (a traffic violation without jail time), and repeat offenses or driving with a revoked license (different from suspended) can bump it up to a felony. The exact charge, penalties, and whether jail time is possible all vary by state and your driving history.
The distinction matters because a misdemeanor conviction stays on your record, can affect employment and housing applications, and may result in jail time, fines, or both. If you've been stopped or cited for this, you need to know what your state actually charges and what your options are.
Key Takeaways
- Most states charge driving on a suspended license as a misdemeanor, though a few treat first offenses as infractions.
- A revoked license (permanent or long-term removal) is often charged more seriously than a suspended license (temporary removal).
- Repeat offenses, driving with a suspended license while it was suspended for a DUI, or accumulating multiple violations can elevate the charge to a felony in some states.
- Penalties typically include fines ranging from a few hundred to several thousand dollars, possible jail time (often 5 to 90 days for a first misdemeanor offense), and license extension or additional suspension.
- Your state's DMV website or a local criminal defense attorney can tell you the exact charge and penalties that explore to your situation.
The difference between suspended and revoked
A suspended license is temporary — your driving privilege is removed for a set period (usually 30 days to a year), after which you can request reinstatement, pay a reinstatement fee, or meet other conditions. A revoked license is more permanent; the state removes your driving privilege for a longer period or indefinitely, and reinstatement often requires a formal hearing or meeting strict requirements.
Most states charge driving on a suspended license as a misdemeanor. Driving on a revoked license is often charged as a felony, especially if the revocation was due to a DUI conviction, reckless driving, or accumulating too many points. Some states also distinguish between driving while suspended for a DUI versus suspended for other reasons — the former carries harsher penalties.
How states classify the offense
The classification varies significantly. In some states, a first offense of driving on a suspended license is an infraction — you pay a fine but face no jail time and it may not appear as a criminal conviction. In others, it is automatically a misdemeanor. A few states use a tiered system: first offense is an infraction, second is a misdemeanor, third or more is a felony.
Driving on a suspended license while the suspension was imposed for a DUI, reckless driving, or habitual traffic offender status often results in a higher charge or enhanced penalties. Some states also charge it as a felony if you have prior convictions for the same offense within a certain time period (often 5 to 10 years).
To find out how your state classifies it, check your state's DMV website or the criminal code section that covers suspended license violations. The statute number usually appears on your citation.
Typical penalties for a misdemeanor conviction
If you are convicted of driving on a suspended license as a misdemeanor, penalties usually include a fine (typically $300 to $1,000 for a first offense, higher for repeats), possible jail time (often 5 to 90 days, though some states allow up to 6 months or a year), and an extension of your suspension or additional suspension time. Some states also require community service or a mandatory driver safety course.
A conviction also means a permanent criminal record, which can affect background checks for employment, housing, professional licenses, and loans. Some employers, especially those requiring a valid driver's license for the job, may terminate employment or refuse to hire you.
What happens if you're stopped
If a police officer stops you and discovers your license is suspended, you will be cited. The officer may impound your vehicle, depending on state law and whether you have a valid driver on hand. You will receive a citation with a court date or instructions to appear in traffic court or criminal court (depending on how your state handles the charge).
Do not ignore the citation. Failing to appear in court can result in an additional charge, a warrant for your arrest, and a license suspension that extends beyond the original one. If you cannot afford an attorney, you can request a public defender at your first court appearance.
Options if you receive a citation
You have several paths forward. You can plead guilty, plead not guilty and request a trial, or in some cases negotiate a plea deal with the prosecutor. Many people in this situation work with a criminal defense attorney, who can review the stop itself (whether the officer had legal cause to pull you over), challenge the evidence, or negotiate a reduced charge.
Some jurisdictions offer traffic school or diversion programs that allow you to avoid a conviction if you complete the program and meet other conditions. Ask the court clerk or your attorney whether your case is may be able to access. If your license suspension was due to unpaid fines or child support, paying what you owe may allow you to get your license reinstated before trial, which can strengthen your case or lead to a dismissal.
Reinstating your license after suspension
To drive legally again, you must complete the reinstatement process your state requires. This usually involves paying a reinstatement fee (typically $50 to $300), providing proof of insurance, and sometimes passing a written or driving test. Some suspensions require you to wait out the full suspension period before you can explore; others allow early reinstatement if you meet conditions like completing a defensive driving course or paying outstanding fines.
Check your state's DMV website or call the DMV directly to find out what you need to do. Do not drive until your license is officially reinstated — doing so while it is still suspended compounds the legal problem and can result in additional charges.
Frequently Asked Questions
Can I get the charge dismissed if I didn't know my license was suspended?
Not knowing is generally not a legal defense — you are responsible for knowing your license status. However, if the suspension was issued in error or you were never notified, an attorney may be able to challenge it. Bring any documentation showing you attempted to find out your status or that the DMV failed to notify you properly.
What's the difference between a misdemeanor and a felony for this charge?
A misdemeanor is a criminal offense punishable by up to one year in jail and a fine. A felony is more serious and can result in more than one year in prison. Felony charges for suspended license driving typically explore to repeat offenders, those driving with a revoked (not suspended) license, or those whose suspension was due to a DUI.
Will this charge affect my car insurance?
Yes. A conviction for driving on a suspended license is a serious violation that insurers view as high-risk behavior. Your premiums will likely increase significantly, and some insurers may drop you or refuse to cover you. Shop around after a conviction, as some insurers specialize in high-risk drivers.
Can I get a hardship license while my license is suspended?
Many states offer a hardship license or restricted license that allows limited driving (to work, school, or medical appointments) during a suspension. You must request one from your state's DMV and meet specific criteria. Having a hardship license does not erase the suspension, but it may reduce the charge or penalties if you are stopped while driving for an approved purpose.
What if I was driving someone else's car?
It does not matter whose car you were driving — the charge applies to you, the driver, not the vehicle owner. Your license status is tied to you personally. Driving on a suspended license is illegal regardless of the vehicle.