Georgia treats driving with a suspended license as a misdemeanor, not a felony, but the penalty depends on why your license was suspended and how many times you have done it before.
If you drive in Georgia while your license is suspended, you can be charged with a misdemeanor under Georgia Code Section 40-5-20. A first offense typically results in a fine of $250 to $1,000, up to 12 months in jail, or both. A second offense within five years carries a fine of $500 to $1,000 and up to 12 months in jail. A third or subsequent offense within five years can result in a fine of $750 to $1,000 and up to 12 months in jail.
The actual sentence you receive depends on the judge, the reason your license was suspended, and your driving history. A suspension for unpaid traffic fines is treated differently than a suspension for a DUI conviction. Courts also consider whether you knew your license was suspended and whether you were driving for work or personal reasons.
Key Takeaways
- Driving with a suspended license in Georgia is a misdemeanor that can result in fines between $250 and $1,000 and up to 12 months in jail.
- Penalties increase for repeat offenses within a five-year period, with the third offense carrying the highest fine and jail time.
- The reason your license was suspended — such as unpaid fines, DUI, or accumulating points — affects how a judge may sentence you.
- You can face additional charges if you were involved in an accident or caused harm while driving with a suspended license.
Why your license gets suspended in Georgia
Georgia suspends licenses for several reasons, and knowing which one applies to you matters for your defense and for understanding the court's likely response. The most common reasons are accumulating too many points on your driving record, failing to pay traffic fines or court costs, being convicted of a DUI, and failing to maintain car insurance.
Administrative suspensions — those ordered by the Georgia Department of Driver Services without a court case — happen when you rack up 15 points in 24 months, 22 points in 36 months, or 24 points in 60 months. Each traffic violation adds points to your record. A speeding ticket adds two to six points depending on how far over the limit you were. A reckless driving conviction adds four points.
Court-ordered suspensions happen after a conviction. A DUI conviction results in a mandatory suspension that lasts at least 120 days for a first offense. Failure to pay fines or appear in court also triggers suspension. If you let your car insurance lapse and the insurer reports it to the state, your license is suspended until you show proof of new coverage.
The difference between suspension and revocation
Suspension and revocation are not the same thing, and the distinction matters legally. A suspension is temporary — your license will be restored after you meet certain conditions, such as paying fines, completing a DUI education program, or waiting out a set period. A revocation is permanent unless you go through a formal reinstatement process, which may require a hearing before the Georgia Department of Driver Services.
Driving with a revoked license carries the same misdemeanor charge as driving with a suspended license under Georgia law, but a revocation usually signals a more serious violation — such as multiple DUIs or a serious injury caused by your driving. If you are unsure whether your license is suspended or revoked, you can check your status on the Georgia Department of Driver Services website or call them directly.
What happens if you are stopped while driving with a suspended license
When a police officer runs your license during a traffic stop, the computer when ready shows whether it is suspended or revoked. The officer will likely arrest you on the spot or issue you a citation to appear in court. You will be charged with violating Georgia Code Section 40-5-20.
At that point, you have a few options. You can pay the fine and accept the conviction, which will go on your criminal record. You can request a court date and represent yourself or hire a lawyer to argue your case. You can also ask the court for a continuance to give yourself time to resolve the underlying reason for the suspension — for example, by paying off fines or completing a DUI program — and then ask the judge to dismiss the charge.
If you were involved in an accident or caused injury while driving with a suspended license, you may face additional charges beyond the misdemeanor. These could include reckless driving, hit-and-run, or vehicular assault, depending on the circumstances.
How to get your license reinstated
The steps to reinstatement depend on why your license was suspended. If it was suspended for accumulating points, you must wait out the suspension period, which is typically 30 days for a first suspension. You then pay a $210 reinstatement fee to the Georgia Department of Driver Services.
If your suspension was for unpaid fines or court costs, you must pay what you owe to the court that issued the citation. Once the court notifies the Department of Driver Services that you have paid, your license is reinstated. If your suspension was for a DUI, you may need to complete a DUI education program, install an ignition interlock device in your car, and provide proof of insurance before reinstatement is possible.
If your suspension was for failure to maintain insurance, you must obtain a new insurance policy and provide proof to the Department of Driver Services. Some people use an SR-22 form, which is a certificate of financial responsibility that your insurance company files on your behalf.
Defending yourself in court
If you are charged with driving with a suspended license, you have the right to contest the charge. Common defenses include proving that you did not know your license was suspended, that the suspension was issued in error, or that you were driving to seek emergency medical care.
The "emergency" defense is narrow. Georgia law allows driving with a suspended license only in a genuine emergency — such as a medical crisis — and only for the purpose of reaching help. Driving to work, to the store, or to run errands does not may have access to, even if you had a good reason for doing so.
Another defense is to challenge whether the officer had legal grounds to stop you in the first place. If the stop was unlawful, any evidence gathered during it — including the discovery that your license was suspended — may be excluded from court. This requires filing a motion to suppress before trial.
How a conviction affects your driving record and insurance
A misdemeanor conviction for driving with a suspended license stays on your criminal record permanently in Georgia. It also adds points to your driving record, which can lead to another suspension if you accumulate enough points. The conviction itself adds three points.
Your car insurance rates will likely increase after a conviction, and some insurers may drop you entirely. If you need to find new insurance, you may be classified as high-risk and charged significantly more. An SR-22 filing, which is required for some suspensions, also signals to insurers that you are a higher-risk driver.
If you are explore for a job that requires a clean driving record — such as commercial driving, delivery, or rideshare — a conviction for driving with a suspended license can disqualify you or make you ineligible for certain positions.
Frequently Asked Questions
Can I drive to work if my license is suspended?
No. Georgia law does not allow driving with a suspended license for any reason except a genuine emergency, such as a medical crisis. Driving to work, even if you need the income, is not a legal exception. If you are caught, you will be charged with a misdemeanor.
What if I did not know my license was suspended?
Not knowing is a weak defense in court, but it is not impossible to use. You would need to show that you took reasonable steps to stay informed — such as checking your driving record or responding to notices from the court or the Department of Driver Services. If the state failed to notify you properly, that may help your case.
Will a suspended license charge show up on a background check?
Yes. A misdemeanor conviction appears on criminal background checks. Employers, landlords, and others conducting background checks will see it. The conviction stays on your record permanently in Georgia, though you may be able to have it removed through a pardon or other legal process in rare cases.
Can I get a hardship license while my license is suspended?
Georgia does offer limited driving permits for certain suspensions, such as those for unpaid fines or insurance lapses. You must request one from the court that issued the suspension or from the Department of Driver Services. A hardship permit usually allows you to drive only to work, school, or medical appointments, and only during specific hours.
What is the difference between a ticket and an arrest for this charge?
An officer can issue you a citation to appear in court or arrest you on the spot. Either way, you will be charged with a misdemeanor. An arrest means you are taken into custody, possibly booked, and may have to post bail to be released. A citation means you sign a promise to appear and are released at the scene.