Georgia law makes it illegal to drive when your license is suspended, and the penalties increase based on how many times you have been caught
Under Georgia Code Section 40-5-20, driving with a suspended or revoked license is a crime. The state distinguishes between a suspended license (temporary removal, usually for a specific reason like unpaid fines or a failed inspection) and a revoked license (permanent removal requiring formal reinstatement). Both are illegal to drive on. The first offense is a misdemeanor; a second offense within five years becomes a higher-level misdemeanor; a third or subsequent offense within five years is a felony.
Georgia police can stop you for any traffic violation and will run your license status through the state database. If your license shows suspended or revoked, you will be cited. The officer does not need to know why your license was suspended — the suspension itself is the violation. You cannot defend yourself by saying you did not know, that you only drove a short distance, or that you were driving safely.
Key Takeaways
- Driving on a suspended license in Georgia is a misdemeanor for the first offense, with penalties including fines up to $1,000, jail time up to 12 months, or both.
- A second suspension-related driving charge within five years becomes a higher misdemeanor; a third or more becomes a felony with up to five years in prison.
- Your license can be suspended for unpaid traffic fines, failure to pay child support, DUI convictions, accumulating too many points, or failing to maintain insurance.
- You can request a limited permit from the Department of Driver Services in some cases, which allows driving to work, school, or court — but only if your suspension reason allows it.
- The fastest way to restore your license is to address the underlying reason for suspension: pay fines, resolve child support arrears, complete a DUI program, or provide proof of insurance.
Why Georgia suspends licenses and how long suspensions last
Georgia suspends licenses for several reasons, and the length of suspension depends on the cause. Unpaid traffic fines trigger suspension after 30 days of non-payment. Failure to maintain auto insurance results in a one-year suspension. Accumulating 15 points on your driving record within 24 months causes a suspension lasting until points drop below 15. A DUI conviction brings a mandatory suspension: six months for a first offense, one year for a second within ten years, and three years for a third within ten years.
Child support arrears also trigger license suspension through the Georgia Department of Human Services. A suspension for unpaid child support remains in place until the debt is paid or a payment plan is established. Some suspensions are temporary and lift automatically once the condition is met (like proof of insurance); others require you to take action (like paying fines or completing a program).
You can check your license status online through the Georgia Department of Driver Services website or by calling their customer service line. Knowing your suspension reason matters because it determines whether you can get a limited permit and what you must do to restore your license.
Penalties for a first offense of driving with a suspended license
A first conviction for driving with a suspended license under Georgia Code Section 40-5-20 is a misdemeanor. The court can impose a fine of up to $1,000, jail time of up to 12 months, or both. Many courts also impose court costs and may order you to pay restitution if your driving caused damage or injury.
The actual sentence varies by judge, county, and your driving history. A first offense with no prior criminal record and no accident may result in a fine and probation. A first offense that involved an accident, reckless driving, or a prior criminal record will likely result in jail time. The officer's report and the circumstances of the stop (why you were pulled over in the first place) also influence the outcome.
Escalating penalties for repeat offenses within five years
A second offense within five years is still a misdemeanor but carries harsher penalties: a fine of up to $1,000, jail time of up to 12 months, or both. However, judges typically impose jail time on second offenses, and probation is less common.
A third or subsequent offense within five years becomes a felony under Georgia Code Section 40-5-20(d). Felony conviction carries a prison sentence of one to five years. A felony conviction also has long-term consequences: you lose the right to vote while incarcerated, may lose certain employment opportunities, and will have a permanent criminal record.
The five-year window resets from the date of each conviction. If your second offense was three years ago and you are charged again today, that third charge is a felony. If your second offense was six years ago, a new charge today would be treated as a first offense.
How to request a limited permit while your license is suspended
Georgia allows you to request a limited permit in some cases, which lets you drive to work, school, court, medical appointments, or to attend a DUI program. Not all suspension reasons may have access to. Limited permits are available for suspensions due to unpaid fines, points accumulation, or DUI convictions, but typically not for suspensions due to failure to maintain insurance or child support arrears.
To request a limited permit, visit your local Department of Driver Services office in person. Bring your current ID, proof of residence, and documentation of your need to drive (such as a work letter from your employer or a school enrollment letter). You will pay a fee, typically around $50 to $100. The permit is issued on the spot if you meet the criteria and the suspension reason allows it.
A limited permit is not a full license. It is valid only for the specific purposes listed and only during the hours you stated on your process. Driving outside those purposes or hours is a violation. The permit remains valid until your license is fully restored or until the suspension period ends.
Steps to restore your license after suspension
The process to restore your license depends on why it was suspended. If suspension was due to unpaid fines, you must pay the fines in full or arrange a payment plan with the court. Once paid, contact the court to confirm the suspension has been lifted, then visit the Department of Driver Services to renew your license if it has expired.
For insurance-related suspensions, obtain proof of continuous insurance coverage from your insurer and submit it to the Department of Driver Services. The suspension lifts once the department receives and verifies the proof. For points-related suspensions, you must wait until your points drop below 15 through the passage of time (points age off after three years) or by completing a defensive driving course, which removes up to four points.
For DUI-related suspensions, you must complete a DUI education program (usually a one-day course) and provide proof of completion to the Department of Driver Services. You may also need to install an ignition interlock device on your vehicle, depending on your BAC level and prior history. For child support-related suspensions, contact the Georgia Department of Human Services to arrange payment or a payment plan.
Once the underlying reason is resolved, visit the Department of Driver Services office or explore online to reinstate your license. Bring proof that the suspension reason has been addressed. There is typically a reinstatement fee of $210 to $250. Processing usually takes one to two weeks.
What to do if you are stopped while your license is suspended
If a police officer stops you and your license is suspended, remain calm and polite. Provide your ID and registration when asked. Do not lie about your license status or attempt to leave the scene. The officer will discover the suspension through their database check, and lying or fleeing will result in additional charges.
You will be cited for driving with a suspended license. The citation will include a court date. Do not ignore the citation or fail to appear in court — doing so results in an additional charge and a warrant for your arrest. Bring the citation to a criminal defense attorney or contact your local public defender's office if you cannot afford an attorney.
At your court appearance, you have the option to plead guilty, plead not guilty, or negotiate a plea agreement with the prosecutor. Pleading guilty typically results in the sentence described above. Pleading not guilty means the case goes to trial, where the prosecution must prove you were driving and that your license was suspended. Many people negotiate a plea to a lesser charge or agree to probation in exchange for a guilty plea.
Frequently Asked Questions
Can I get a limited permit if my license was suspended for unpaid child support?
Limited permits are generally not available for child support-related suspensions. You must resolve the child support arrears or establish a payment plan with the Georgia Department of Human Services. Once the arrangement is in place, the suspension lifts and you can renew your license at the Department of Driver Services.
How long does it take to restore my license after I pay my fines?
Once the court confirms your fines are paid, the suspension is lifted when ready. You can then visit the Department of Driver Services to renew your license if it has expired. Processing at the office usually takes 15 to 30 minutes. If you explore online, processing takes one to two weeks.
Will a suspension-related driving charge show up on a background check?
Yes. A conviction for driving with a suspended license is a criminal offense and will appear on your criminal record. Employers, landlords, and others who run background checks will see it. A felony conviction (third or subsequent offense) has more serious long-term consequences than a misdemeanor.
What happens if I drive on a suspended license and cause an accident?
You face both the criminal charge for driving suspended and potential civil liability for the accident. Your insurance may deny your claim because you were driving illegally. You could be sued by the other driver for damages. The criminal penalties are also likely to be more severe because the offense involved an accident.
Can I get the charge dismissed if I restore my license before my court date?
Restoring your license does not dismiss the charge. The charge is based on your status at the time of the stop, not your current status. However, restoring your license before court shows the judge you have taken responsibility, which may result in a lighter sentence or probation instead of jail time.