A suspended license itself is not a crime, but driving on one is

A suspended license is an administrative penalty — your state's Department of Motor Vehicles has taken away your driving privilege for a set period. It is not a criminal charge. However, if you drive while your license is suspended, that act is typically a misdemeanor in most states, and in some cases a felony depending on why your license was suspended and how many times you have done it before.

The distinction matters because it changes what happens to you. A suspension itself means you cannot legally drive. Driving during that suspension means you face criminal charges, fines, jail time, and a longer suspension. Understanding which situation you are in — whether your license is currently suspended, or whether you are facing charges for driving on a suspended license — determines what your next step should be.

Key Takeaways

  • A suspended license is an administrative action by your state's motor vehicle department, not a criminal charge.
  • Driving while your license is suspended is usually a misdemeanor, though repeat offenses or suspensions tied to serious violations can elevate it to a felony.
  • The reason your license was suspended affects the severity of charges if you drive during the suspension.
  • You can check your license status through your state's Department of Motor Vehicles website or by calling their customer service line.

Why your license gets suspended in the first place

Your license is suspended for administrative reasons, not criminal ones. The most common reasons include unpaid traffic fines, failure to pay child support, accumulating too many points from traffic violations, or failing to maintain car insurance. Some states also suspend licenses for unpaid court fees or failure to appear in court.

A suspension is temporary — it lasts for a set period, usually 30 days to a year, depending on the reason and your state's rules. Once that period ends and you have met any other requirements (like paying fines or completing a defensive driving course), you can request reinstatement and get your license back. A revocation is different: it is permanent or very long-term, and you typically have to reapply for a license rather than straightforward waiting out the period.

What happens when you drive on a suspended license

Driving while your license is suspended is a separate criminal offense from whatever caused the suspension. In most states, a first offense is a misdemeanor, which typically carries a fine between $300 and $1,000, possible jail time of up to 30 days, and an additional suspension period added to your existing one. A second or third offense within a certain timeframe (usually five to ten years) often results in higher fines, longer jail sentences, and longer suspensions.

If your license was suspended because of a DUI conviction, or if you are driving on a suspended license and cause an accident or injury, the charges can jump to a felony. Some states also treat driving on a suspended license as a felony if you have multiple prior convictions for the same offense. A felony conviction carries much steeper penalties: fines of $1,000 or more, jail time of months to years, and a permanent criminal record that affects employment and housing.

How to learn about your license is currently suspended

You can check your license status through your state's Department of Motor Vehicles website. Most states have an online portal where you enter your driver's license number and date of birth to see your current status. If the website does not show your status clearly, call your state's DMV customer service line — the number is on your driver's license or on the DMV website.

When you call or check online, you will see whether your license is active, suspended, or revoked. If it is suspended, the information should tell you the reason (unpaid fines, insurance lapse, points accumulation, etc.) and the date the suspension ends. If you are unsure how to read the status or what the reason means, ask the DMV representative to explain it. They can also tell you what steps you need to take to get your license reinstated.

The difference between suspension and revocation

A suspension is temporary. Your license is taken away for a specific period — 30 days, 6 months, a year — and then you can get it back by meeting the requirements (paying fines, completing a course, etc.). A revocation is much longer or permanent. You cannot straightforward wait it out; you have to reapply for a license, often after a waiting period of several years, and you may have to pass a written test or driving test again.

Driving on a suspended license is a misdemeanor in most cases. Driving on a revoked license is often treated more seriously and may be a felony, especially if you have prior convictions. The reason for the revocation also matters — if your license was revoked because of multiple DUIs, driving on a revoked license is treated as a more serious offense than if it was revoked for unpaid fines.

What to do if you have been charged with driving on a suspended license

If you have been stopped and cited for driving on a suspended license, you have the right to contest the charge. First, verify that your license was actually suspended at the time you were driving — sometimes there are errors in the DMV system, or a suspension may have been lifted without your knowledge. Request a copy of your driving record from your state's DMV to confirm the status on the date of the stop.

Second, consider whether you have a defense. For example, if you were not notified of the suspension, or if the suspension was issued in error, you may have grounds to challenge the charge. You can also negotiate with the prosecutor for a reduced charge or penalty, especially if this is your first offense. Many courts offer traffic school or community service as an alternative to jail time for a first misdemeanor offense.

If you cannot afford an attorney, you can request a public defender at your first court appearance. Do not ignore the charge or fail to appear in court — doing so will result in additional charges, a warrant for your arrest, and further suspension of your license.

How to get your license reinstated

The steps to reinstatement depend on why your license was suspended. If it was suspended for unpaid fines, you need to pay those fines. If it was suspended for failure to maintain insurance, you need to provide proof of current insurance to the DMV. If it was suspended for accumulating too many points, you may need to wait out the suspension period and then pay a reinstatement fee, which varies by state but is typically $50 to $200.

Some suspensions require you to complete a defensive driving course or an alcohol education program before reinstatement is possible. Check with your state's DMV to find out exactly what is required in your case. Once you have met all requirements, you can submit a reinstatement request online, by mail, or in person at your local DMV office. Reinstatement usually takes a few business days to a few weeks, depending on how you submit the request.

Frequently Asked Questions

Can I get a hardship license while mine is suspended?

Many states offer a hardship license or restricted license that allows you to drive to work, school, or medical appointments during a suspension. You have to request one from your state's DMV and show that you have a genuine need. Not all suspensions may have access to — hardship licenses are usually not available if your license was suspended for a DUI or for driving on a suspended license.

Will a suspended license show up on a background check?

A suspended license is an administrative action, not a criminal record, so it does not appear on a criminal background check. However, employers who run a driving record check (common for jobs involving driving) will see the suspension. A misdemeanor conviction for driving on a suspended license will appear on a criminal background check.

What is the difference between a misdemeanor and a felony for this charge?

A misdemeanor is a less serious crime, usually punished with fines and up to one year in jail. A felony is more serious and can result in fines and years in prison. Driving on a suspended license is a misdemeanor for a first or second offense in most states, but becomes a felony if you have multiple prior convictions, if your license was suspended for a DUI, or if you cause an accident or injury.

Do I have to tell my insurance company if my license is suspended?

Yes. If your license is suspended, you should notify your insurance company. Driving without a valid license may void your insurance coverage, meaning if you are in an accident, your insurance will not pay for damages. Some insurers will cancel your policy if they discover you drove while suspended.

Can I get the misdemeanor charge removed from my record later?

In some states, you can petition to have a misdemeanor conviction expunged or sealed after a certain period of time (usually three to five years) if you have no other convictions. Expungement removes the conviction from your public record, though it may still appear on background checks for certain jobs like law enforcement or childcare. Talk to an attorney about whether expungement is possible in your state and situation.