How a hit and run conviction affects your driving privileges
A hit and run conviction typically results in an automatic license suspension, separate from any jail time or fines. The length of the suspension depends on whether anyone was injured, whether it was your first offense, and the laws of your state. In most states, a hit and run involving property damage alone carries a suspension of 6 months to 1 year; a hit and run involving injury often triggers a suspension of 1 to 3 years or longer. Some states impose a permanent revocation on repeat offenders or cases involving serious injury or death.
The suspension begins either when you are convicted or when the court issues the suspension order, not when you are arrested. During the suspension period, you cannot legally drive, and driving anyway can result in additional criminal charges for driving with a suspended license. The court will notify your state's Department of Motor Vehicles (or equivalent agency), which then records the suspension in your driving record.
Key Takeaways
- A hit and run conviction automatically suspends your license for a period set by state law, typically ranging from 6 months to several years depending on injury and prior record.
- The suspension is imposed by the court as part of the sentence, separate from any jail time or fines, and begins when the court issues the order.
- Driving during a suspension period is a separate criminal offense that can result in additional charges and longer suspension.
- Some states allow you to request a hardship license or restricted license after a waiting period, but this requires a formal petition to the court.
- Reinstating your license after the suspension ends requires paying reinstatement fees and, in some cases, completing a defensive driving course or substance abuse program.
Suspension length by state and injury level
Suspension periods vary significantly by state and by the severity of the hit and run. Most states distinguish between hit and run involving property damage only and hit and run involving injury or death. A hit and run with property damage alone typically results in a 6-month to 1-year suspension in states like California, Florida, and Texas. A hit and run involving injury often triggers a 1-year to 3-year suspension, and hit and run involving death or serious bodily injury may result in a 3-year to 5-year suspension or permanent revocation.
Some states, including New York and Illinois, impose mandatory minimum suspensions that cannot be reduced by the court. Other states give judges discretion to impose longer suspensions or to impose additional penalties like mandatory substance abuse treatment or community service. A few states, such as Arizona, impose lifetime revocation for hit and run involving injury or death on a second or subsequent offense.
Your prior driving record also affects the length of suspension. A first offense typically receives a shorter suspension than a second or third offense. Some states impose mandatory longer suspensions or permanent revocation for repeat hit and run offenders, regardless of injury level.
The difference between suspension and revocation
Suspension is temporary: your license is taken away for a set period, after which you can request reinstatement by paying fees and meeting other requirements. Revocation is permanent or long-term: your license is cancelled, and you must wait a specified number of years (often 5 to 10) before you can even petition to have it reinstated, and reinstatement is not may provide.
Hit and run convictions most commonly result in suspension, but revocation is possible in cases involving serious injury, death, or repeat offenses. If your license is revoked rather than suspended, the waiting period before you can petition for reinstatement is much longer, and you will face a more rigorous reinstatement process that may include a new written test, driving test, and proof of completion of a defensive driving course.
Hardship and restricted licenses during suspension
Many states allow you to request a hardship license or restricted license during your suspension period if you can demonstrate genuine hardship — typically meaning you need to drive to work, school, medical appointments, or to care for a dependent. A hardship license is not automatic; you must file a petition with the court that convicted you, and the court has discretion to grant or deny it.
To request a hardship license, you typically must show that you have no reasonable alternative transportation, that the hardship is genuine and not merely inconvenient, and sometimes that you have completed a defensive driving course or other remedial program. Some states require you to wait a minimum period (often 30 to 90 days) after your suspension begins before you can petition for a hardship license. The hardship license, if granted, usually restricts you to driving only for the purposes you stated — work, school, medical care — and may require you to carry proof of the restriction in your vehicle.
A few states do not offer hardship licenses for hit and run convictions, treating them as too serious to allow any driving privilege during suspension. Check your state's DMV website or contact your local court to learn whether hardship licenses are available in your jurisdiction and what the petition process requires.
License reinstatement after the suspension ends
When your suspension period ends, your license does not automatically return. You must take active steps to reinstate it. The reinstatement process typically involves paying a reinstatement fee to your state's DMV, which ranges from $50 to $500 depending on the state and the reason for suspension. Some states require you to provide proof of completion of a defensive driving course, a substance abuse treatment program, or both, before reinstatement is granted.
You may also be required to provide proof of financial responsibility — usually an SR-22 or SR-50 form from an insurance company — showing that you carry liability insurance. This form is filed directly with the DMV by your insurance company and certifies that you meet your state's minimum insurance requirements. The cost of SR-22 insurance is higher than standard auto insurance and typically lasts for 3 years.
After you have met all reinstatement requirements and paid the fees, you can submit your reinstatement request to the DMV. Processing typically takes 1 to 4 weeks. Some states allow you to reinstate online; others require you to appear in person at a DMV office. Check your state's DMV website for the specific steps and documents required in your jurisdiction.
Driving with a suspended license: criminal penalties
Driving while your license is suspended as a result of a hit and run conviction is a separate criminal offense. The penalties vary by state but typically include fines ranging from $250 to $1,000, additional jail time (often 10 days to 6 months), and an extension of your suspension period. Some states impose mandatory minimum jail sentences for driving with a suspended license, particularly if you have prior convictions for the same offense.
Law enforcement can detect a suspended license through a routine traffic stop or vehicle registration check. If you are stopped and your license is found to be suspended, you will likely be arrested on the spot, your vehicle may be impounded, and you will face criminal charges. A conviction for driving with a suspended license will be added to your record and may affect your ability to find employment, housing, or insurance.
Even a single instance of driving during suspension can significantly complicate your situation. If you need to drive during your suspension period, your only legal option is to request a hardship license through the court. Do not drive without one, even for short distances or emergencies.
Impact on insurance and future driving record
A hit and run conviction and the resulting license suspension will remain on your driving record for a period set by your state — typically 3 to 10 years, though some states keep it permanently. During this time, your insurance rates will be substantially higher, and some insurance companies may refuse to insure you at all. You may be forced to purchase high-risk auto insurance, which can cost two to three times more than standard coverage.
The hit and run conviction itself is separate from the suspension and will appear on your criminal record. This can affect employment, housing, professional licensing, and other areas of your life. Some employers, particularly those in transportation, security, or positions requiring a clean driving record, will not hire you if you have a hit and run conviction.
After the suspension ends and your license is reinstated, the conviction and suspension will still appear on your driving record for several years. You cannot remove them, but you may be able to have them sealed or expunged under your state's laws, depending on the severity of the offense and your jurisdiction. Consult with a criminal defense attorney about whether expungement is possible in your case.
Frequently Asked Questions
Can I get my license back before the suspension period ends?
Only if you request and receive a hardship license from the court. You must petition the court that convicted you, demonstrate genuine hardship, and meet any other requirements your state imposes. Hardship licenses are not may provide and are granted at the court's discretion. Some states do not offer them for hit and run convictions.
What happens if I move to another state during my suspension?
Your suspension follows you. All states share driving record information through the National Driver Register, so your suspension will be recognized in any state you move to. You cannot obtain a license in a new state while suspended in your original state, and driving with an out-of-state license while suspended is still illegal.
Do I have to take a driving test to get my license back after reinstatement?
Most states do not require a new driving test for reinstatement after a hit and run suspension, but some do, particularly if your license was revoked rather than suspended or if you have multiple prior suspensions. Check your state's DMV website or contact your local DMV office to confirm what is required for your specific situation.
Will the hit and run conviction show up on background checks for employment?
Yes. A hit and run conviction is a criminal conviction and will appear on background checks run by employers, landlords, and other organizations. It will remain visible for the period your state keeps criminal records, which varies but is often 7 to 10 years or longer. Some employers will not hire anyone with a hit and run conviction, particularly for positions involving driving or public safety.
Can I appeal the license suspension?
You can appeal the criminal conviction itself, which would overturn the suspension if successful, but you cannot appeal the suspension as a separate penalty. If you believe the conviction was unjust or based on insufficient evidence, you should consult with a criminal defense attorney about filing an appeal of the conviction. The appeal process is complex and has strict important date, so act quickly if you wish to pursue this option.