The when ready consequences of a traffic stop
If a police officer pulls you over and discovers your license is suspended, you will likely be arrested on the spot. The officer will run your license through the system during the stop, and a suspended status will show up when ready. You will be taken into custody, handcuffed, and transported to a local police station or county jail for booking.
The specific charges depend on why your license was suspended. If it was suspended for unpaid traffic fines or child support, you may be charged with driving with a suspended license — a misdemeanor in most states. If it was suspended for a DUI conviction or medical reasons, the charge is often more serious. You will be booked, photographed, and fingerprinted, and your personal belongings will be inventoried and stored.
Your vehicle will be impounded. You will have to pay a towing fee and daily storage charges to retrieve it, even if someone else can drive it away. These fees start at $100 to $300 for towing and can add $20 to $50 per day for storage, depending on your location.
Key Takeaways
- You will be arrested and taken to jail for booking if your license is suspended, regardless of the reason.
- Your vehicle will be impounded, and you will owe towing and storage fees before you can retrieve it.
- You may be released on your own recognizance, held on bail, or released on a promise to appear, depending on the circumstances and your criminal history.
- The charge on your record will be driving with a suspended license, which is a misdemeanor in most states and can affect future employment and insurance rates.
- You should contact a public defender or attorney as soon as possible, because the suspension may be removable if it was due to unpaid fines or administrative error.
What happens at the police station and jail
At the station, you will go through a booking process. An officer will ask you questions about your identity, address, emergency contact, and medical history. You will be searched, and any items in your pockets will be removed and catalogued. If you have outstanding warrants or a serious criminal history, this will be discovered during the booking process.
After booking, you will be held in a holding cell while the jail decides whether to release you or keep you in custody. This decision depends on several factors: the reason your license was suspended, whether you have a criminal history, whether you have ties to the community, and whether the officer or prosecutor believes you are a flight risk. In many cases, you will be released on your own recognizance — meaning you sign a promise to appear in court and are let go without paying bail.
If the suspension was for unpaid fines or child support, you may be held until you pay the debt or until a court hearing is scheduled. If the suspension was for a DUI or medical reason, you are more likely to be held on bail. Bail amounts vary widely, from $500 to several thousand dollars, depending on your state and the circumstances.
How bail and release work
If you are held on bail, you have three options: pay the full amount in cash, use a bail bondsman, or ask the court to lower the bail amount. Paying cash means you get the money back after your court date, but you must have it available when ready. A bail bondsman charges a non-refundable fee — usually 10 percent of the bail amount — and posts the bail for you. Asking the court to lower bail requires a hearing, which may not happen for several days.
If you cannot afford bail and do not have a bail bondsman, you will remain in jail until your court date. This can be days or weeks away, depending on how quickly the court schedules your hearing. You have the right to a public defender if you cannot afford an attorney, and you can request one during your first appearance before a judge.
The court appearance and possible outcomes
At your first court appearance, the judge will inform you of the charges against you and your rights. You will be asked whether you want to plead guilty, not guilty, or no contest. You should not plead guilty without speaking to an attorney first, because a guilty plea creates a criminal record that can affect employment, housing, and insurance.
If your license was suspended for unpaid fines or child support, the court may offer you a payment plan or community service in exchange for dismissing the charge. If the suspension was administrative — for example, because you failed to renew your license or missed a court date — the charge may be dismissed once you resolve the underlying issue. If the suspension was for a DUI or medical reason, the case will likely proceed to trial or a plea negotiation.
A conviction for driving with a suspended license is a misdemeanor in most states and can result in fines ranging from $250 to $1,000, jail time of up to 30 days, or both. Some states impose mandatory jail time for repeat offenders. The conviction will appear on your criminal record and can affect your ability to find employment, rent housing, or obtain certain professional licenses.
The impact on your driving record and insurance
A conviction for driving with a suspended license will be added to your driving record. This record is separate from your criminal record and is maintained by your state's Department of Motor Vehicles. Insurance companies can see your driving record and will likely raise your rates or drop your coverage entirely after a conviction.
If your license was suspended for unpaid traffic fines, you will still owe those fines after your court date. If your license was suspended for a DUI, you may face additional penalties, such as an ignition interlock device requirement or mandatory alcohol education classes. These requirements must be completed before your license can be reinstated.
Reinstating your license after a suspension requires you to pay a reinstatement fee, which varies by state but typically ranges from $50 to $300. You may also need to provide proof of insurance, pass a written test, or complete a driver improvement course, depending on the reason for the suspension.
How to handle the situation if it happens to you
If you are pulled over and realize your license is suspended, remain calm and polite. Do not argue with the officer or try to leave. Provide your license and registration when asked. You have the right to remain silent and should not answer questions beyond providing your name and address. Anything you say can be used against you in court.
Tell the officer you want to speak to an attorney before answering any questions about why you were driving or where you were going. This is your right, and exercising it is not an admission of guilt. Once you are at the station, ask for a public defender or contact an attorney as soon as possible.
Before your court date, gather any documents that might help your case: proof that you paid outstanding fines, evidence that the suspension was due to an error, or documentation of hardship if the suspension was for unpaid child support. Bring these documents to your court appearance or give them to your attorney.
Preventing a suspension and restoring your license
The best way to avoid this situation is to keep your license current and pay traffic fines on time. If you receive a notice that your license will be suspended, take it seriously. Most states send multiple notices before suspending a license, and you have time to resolve the issue.
If your license is already suspended, you can often restore it by paying outstanding fines, completing required courses, or resolving the underlying issue. Contact your state's Department of Motor Vehicles to find out exactly what you need to do. Many states offer payment plans for fines, and some offer fee waivers for people with low income.
Do not drive while your license is suspended, even for short trips. The consequences — arrest, jail time, impounded vehicle, and a criminal record — far outweigh the convenience of driving yourself. Use public transportation, rideshare services, or ask someone with a valid license to drive you until your license is restored.
Frequently Asked Questions
Can I get my vehicle back when ready after being arrested?
No. Your vehicle will be impounded and held in a lot. You must pay the towing fee and any storage charges before you can retrieve it, even if someone else picks it up. Storage fees accumulate daily, so the longer you wait, the more you owe. Some impound lots require proof of insurance and a valid driver's license before releasing the vehicle.
Will I go to jail for driving with a suspended license?
You will be arrested and taken to jail for booking, but whether you stay in jail depends on the reason for the suspension and your criminal history. If the suspension was for unpaid fines, you may be released on your own recognizance. If it was for a DUI or you have prior convictions, you may be held on bail. A first-time offense rarely results in jail time if you plead guilty or no contest, but repeat offenses can lead to mandatory jail sentences.
What if I didn't know my license was suspended?
Lack of knowledge is not a legal defense in most states. If your license was suspended, you are responsible for knowing it, even if you did not receive the notice. However, if the suspension was due to an administrative error — for example, the DMV suspended your license by mistake — you may be able to get the charge dismissed. Bring documentation of the error to your court date or give it to your attorney.
How long does a driving with suspended license conviction stay on my record?
A misdemeanor conviction typically stays on your criminal record permanently, though some states allow you to petition for expungement after a certain period of time — usually three to seven years. Your driving record will show the conviction for a shorter period, often five to ten years, depending on your state. Check your state's DMV website for specific rules about how long convictions remain on your driving record.
Can I get the charge dismissed if I restore my license before court?
Possibly, but it depends on the reason for the suspension and your state's laws. If the suspension was for unpaid fines and you pay them before your court date, the prosecutor may agree to dismiss the charge. If the suspension was for a DUI or medical reason, restoring your license will not automatically dismiss the charge. Discuss this with your attorney or public defender at your first court appearance.