Driving with a suspended license is a crime in every state, though the severity depends on why your license was suspended and whether you knew it was suspended

When you drive with a suspended license, you are breaking the law. The charge is usually called "driving with a suspended license" or "DWLS," and it appears on your criminal record. The consequences range from a fine and points on your driving record to jail time, depending on your state, the reason for the suspension, and whether this is your first offense.

The key distinction is knowledge. If you knew your license was suspended and drove anyway, the penalties are typically harsher than if you did not know. Some states also treat suspensions caused by unpaid traffic fines differently from suspensions caused by medical conditions or DUI convictions — the latter often carry more serious penalties.

Key Takeaways

  • Driving with a suspended license is a criminal offense in all 50 states, though it may be classified as a misdemeanor or felony depending on circumstances.
  • Penalties typically include fines ranging from $100 to $1,000, jail time of up to 30 days for a first offense, and additional points added to your driving record.
  • If your suspension was due to unpaid fines or administrative reasons, the charge is usually less serious than if it was due to a DUI or reckless driving conviction.
  • Knowing your license was suspended before you drove makes the offense more serious in most states, and you may face felony charges if you have prior DWLS convictions.

Why your license gets suspended in the first place

Your license can be suspended for many reasons, and understanding which one applies to you matters for the legal consequences. The most common reasons are unpaid traffic fines, failure to pay child support, a DUI or DWI conviction, accumulating too many points from traffic violations, or failing a medical exam or drug test.

Some suspensions are automatic — meaning the state suspends your license without sending you a notice first. Others require a hearing or a formal notice. If you receive a notice of suspension in the mail, you have a legal duty to stop driving, even if you disagree with the suspension. Driving anyway, knowing you received that notice, makes the charge more serious.

Misdemeanor versus felony charges

In most states, a first offense of driving with a suspended license is a misdemeanor. A misdemeanor is a criminal offense less serious than a felony, but it still results in a criminal record. Typical penalties for a first misdemeanor DWLS include a fine of $100 to $500, up to 30 days in jail, or both.

The charge becomes a felony — a more serious crime — if you have prior DWLS convictions, if your suspension was due to a DUI, or if you caused an accident while driving with a suspended license. Felony DWLS can result in fines of $1,000 or more and jail time of several months to a year. Some states also allow prosecutors to charge you with a felony if you drove with a suspended license multiple times within a set period, such as three times in five years.

Fines, jail time, and points on your record

The financial penalty for driving with a suspended license varies by state. A first offense typically costs $100 to $500 in fines, though some states charge more. If you cannot pay the fine, you may face additional jail time or be required to perform community service instead.

Jail time for a first offense usually does not exceed 30 days, but repeat offenses can result in longer sentences. Beyond the when ready penalty, a DWLS conviction adds points to your driving record in most states, which can raise your insurance rates and make it harder to get your license reinstated. You may also be required to pay reinstatement fees to the state before you can legally drive again, and these fees can range from $50 to $300 depending on your state.

How a DWLS conviction affects your future

A criminal record for driving with a suspended license can affect employment, housing, and professional licensing. Some employers run background checks and will not hire someone with a recent misdemeanor conviction. Landlords may also deny your process based on a criminal record. If you work in a field that requires a valid driver's license — such as delivery, transportation, or sales — a DWLS conviction can cost you your job.

The conviction also makes it harder to get your license back. After your suspension period ends, you will need to pay reinstatement fees and may need to complete a defensive driving course or pass a written test again. If you were convicted of DWLS, some states require you to carry high-risk auto insurance (SR-22 insurance) for a set period, which is more expensive than standard coverage.

What to do if you are charged with DWLS

If you are stopped and cited for driving with a suspended license, you have the right to contest the charge. The most common defense is that you did not know your license was suspended — for example, if you never received the notice of suspension in the mail. Another defense is that the suspension was improper or that you had already had it reinstated before you were pulled over.

You should contact a criminal defense attorney as soon as possible. An attorney can review the circumstances of your case, determine whether the state can prove you knew about the suspension, and negotiate with the prosecutor for a reduced charge or penalty. In some cases, an attorney can get the charge dismissed if the state cannot prove you received proper notice of the suspension.

Getting your license reinstated after suspension

The process for reinstating a suspended license depends on why it was suspended. If it was suspended for unpaid fines, you must pay those fines first. If it was suspended for a DUI, you may need to complete an alcohol education program and install an ignition interlock device in your vehicle. If it was suspended for accumulating too many points, you may need to wait out the suspension period and then pass a written test.

Contact your state's Department of Motor Vehicles (DMV) or equivalent agency to find out the specific steps for your situation. Most states allow you to check your license status online or by phone. Once you have completed all requirements, you will need to pay a reinstatement fee and may need to provide proof of insurance before your license is restored.

Frequently Asked Questions

Can I get a hardship license if my license is suspended?

Some states issue hardship or restricted licenses that allow you to drive to work, school, or medical appointments while your license is suspended. You must request this through your state's DMV and show that the suspension causes undue hardship. Not all suspension reasons may have access to for a hardship license — suspensions due to DUI convictions are rarely may be able to access.

What happens if I get pulled over and my license is suspended?

You will be cited for driving with a suspended license. The officer will likely impound your vehicle, and you will face criminal charges. You may be arrested on the spot, depending on your state and whether you have prior DWLS convictions. You should not drive away or attempt to evade the officer.

Does a DWLS conviction show up on a background check?

Yes. A DWLS conviction is a criminal offense and will appear on background checks run by employers, landlords, and others. It will remain on your record indefinitely in most states, though some states allow you to petition for expungement (removal) after a certain period of time has passed.

Can I go to jail for driving with a suspended license?

Yes. A first offense can result in up to 30 days in jail, and repeat offenses can result in longer sentences. Whether you actually serve jail time depends on the judge, the circumstances of your case, and your criminal history. An attorney can often negotiate for fines or community service instead of jail time.