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 suspension shows up as an active warrant or hold. You will be taken into custody, handcuffed, and transported to a local police station or county jail for booking.
At booking, you will be photographed, fingerprinted, and your personal information will be entered into the system. The officer will confiscate your physical license. You may be held for several hours or overnight while the jail processes your paperwork and determines bail or release conditions. In some cases, you may be released on your own recognizance (meaning you promise to return for court without paying bail), but this depends on the reason your license was suspended and your criminal history.
Key Takeaways
- Driving with a suspended license is a criminal offense in most states, and you will be arrested during a traffic stop when the suspension is discovered.
- Your vehicle will likely be impounded, and you will have to pay towing and storage fees to retrieve it, which can range from $100 to $500 or more depending on your location.
- You will face criminal charges, fines, and a possible jail sentence, with penalties varying based on whether the suspension was for unpaid traffic tickets, DUI, or other violations.
- Your license suspension will be extended as a result of the new charge, meaning you cannot drive legally for an even longer period.
- You should contact a criminal defense attorney as soon as possible, because the outcome of this charge affects your driving record, employment, and future insurance rates.
Why your vehicle gets impounded
When you are arrested for driving with a suspended license, the police will impound your vehicle. This happens because you are not legally permitted to drive, so the car cannot remain on the roadside or be driven away by someone else without creating liability issues for the police department.
The towing company will charge you a fee to remove the vehicle from the roadside—typically $75 to $150—and then charge you a daily storage fee while the car sits in the impound lot. Storage fees usually range from $25 to $50 per day, though this varies by city and county. If you do not retrieve your vehicle within 30 days, many jurisdictions will sell it at auction to cover the towing and storage costs. You will receive notice of the auction date, but if the fees exceed the car's value, you may lose the vehicle entirely.
Criminal charges and court appearance
Driving with a suspended license is a misdemeanor in most states, though it can be elevated to a felony if you have multiple prior convictions or if the suspension was due to a DUI. You will receive a citation or summons telling you when to appear in court. Missing this court date will result in an additional warrant for your arrest.
At your court appearance, you will be informed of the charges against you and your rights. The prosecutor may offer a plea deal, or you may choose to contest the charge. If you plead guilty or are found guilty, the judge will impose a sentence. For a first offense, this typically includes a fine (usually $250 to $1,000), community service, or a short jail sentence (up to 30 days). Repeat offenses carry steeper penalties, including longer jail time and higher fines.
How this charge affects your driving record and license
A conviction for driving with a suspended license will be added to your permanent driving record. This conviction stays on your record for years—the exact length depends on your state, but it is typically 5 to 10 years. Insurance companies can see this conviction, and it will cause your rates to increase significantly or may result in your policy being cancelled.
Your license suspension will also be extended. If you were originally suspended for 6 months, the court may add another 6 months or longer as a penalty for driving while suspended. Some states have mandatory minimum extensions for this offense. You will have to complete any requirements imposed by the court—such as paying fines, completing a defensive driving course, or serving jail time—before you can even begin the process of getting your license reinstated.
The difference between suspension and revocation
A suspended license is temporary. Once you meet the conditions for reinstatement—paying fines, completing a program, or serving your time—you can get your license back. A revoked license is permanent or semi-permanent, and you may have to wait years before you can even explore for a new one.
If you are arrested for driving with a suspended license, the court may revoke your license instead of straightforward extending the suspension. This is more serious and means you cannot legally drive for a much longer period. Revocation is more likely if you have multiple prior convictions or if the original suspension was for a serious violation like DUI.
What you should do when ready after arrest
Your first step is to contact a criminal defense attorney. Many offer free initial consultations, and some work on a sliding fee scale based on income. An attorney can review the circumstances of your stop, determine whether the officer had legal grounds to pull you over, and negotiate with the prosecutor on your behalf. In some cases, an attorney can get charges reduced or dismissed.
Do not ignore the court summons or fail to appear. This will result in an additional arrest warrant and make your situation much worse. If you cannot afford an attorney, you can request a public defender at your first court appearance. Bring any documents related to your license suspension—letters from the DMV, proof of payments made, or evidence that you have completed required programs—because these may help your case.
How to avoid this situation
Check your license status regularly through your state's Department of Motor Vehicles website. Most states allow you to look up your driving record online for a small fee or for free. If you see a suspension notice, contact the DMV when ready to understand what you need to do to clear it.
If you know your license is suspended, do not drive. Use public transportation, rideshare services, or ask someone with a valid license to drive. The consequences of being caught are far more expensive and time-consuming than finding an alternative way to get around. If you are facing a suspension due to unpaid fines or tickets, contact the court or the DMV to set up a payment plan. Many jurisdictions will work with you to avoid a full suspension if you demonstrate a good-faith effort to pay.
Frequently Asked Questions
Can I get my car back from impound without a valid license?
Yes. You do not need a valid license to retrieve your vehicle from impound—you only need to pay the towing and storage fees and provide proof of ownership or registration. However, you cannot legally drive it away. You will need to arrange for someone with a valid license to pick it up, or hire a towing company to deliver it to a location where it can be stored.
Will this charge affect my job?
It depends on your job. If your work requires driving or a clean driving record, this conviction could result in termination or loss of professional licensing. Even if your job does not require driving, some employers conduct background checks and may view a criminal conviction negatively. You should inform your employer if the conviction affects your ability to work.
Can the charge be dismissed if I get my license reinstated before court?
No. Reinstating your license does not erase the fact that you were driving while suspended at the time of the stop. The charge will still proceed through the court system. However, showing the court that you have taken steps to reinstate your license may result in a lighter sentence.
What if the officer made a mistake and my license was not actually suspended?
Contact your attorney when ready with proof that your license was valid at the time of the stop. Your attorney can file a motion to dismiss the charges based on lack of probable cause. Bring documentation from the DMV showing your license status on the date of the traffic stop.
How long does a suspended license stay on my record?
The suspension itself is temporary and ends once you meet reinstatement requirements. However, the conviction for driving while suspended stays on your driving record for 5 to 10 years depending on your state. You can request a record expungement after a certain period, but this requires a separate legal process and is not automatic.