The when ready consequences of a traffic stop with a suspended license
If a police officer pulls you over in Indiana and discovers your license is suspended, you will be cited for driving with a suspended license. The officer will likely take your license, issue you a ticket, and may impound your vehicle depending on the reason for the suspension and whether it is your first offense. You will not be arrested on the spot for most suspensions, but you will be required to appear in court on the date listed on your citation.
The specific outcome depends on why your license was suspended. If it was suspended for unpaid traffic fines, child support arrears, or failure to pay court costs, the officer will document the suspension and send that information to the court. If it was suspended for medical reasons or a failed breath test, the procedures differ slightly, but you will still receive a citation and a court date.
Your vehicle may be towed when ready if the officer determines it is unsafe to leave it at the roadside, or if you have multiple suspensions or prior violations. In some cases, the officer may allow a licensed driver to pick up the vehicle on the spot. Ask the officer directly what will happen to your car before they finish the stop.
Key Takeaways
- You will receive a citation for driving with a suspended license and must appear in court on the date shown on the ticket.
- Your vehicle may be towed, and your license will be confiscated by the officer.
- The court can impose fines, jail time, or both, depending on whether this is your first offense and why your license was suspended.
- You can request a hearing before your court date to explain the suspension or ask for a work permit if you need to drive for employment.
- Resolving the underlying reason for the suspension (unpaid fines, child support, or reinstatement fees) is necessary before you can legally drive again.
Why your license was suspended in the first place
Indiana suspends licenses for many reasons, and the reason matters when you go to court. The most common causes are unpaid traffic fines or court costs, failure to pay child support, accumulation of too many points from traffic violations, driving under the influence convictions, and failure to maintain auto insurance. Some suspensions are automatic—for example, if you receive a DUI conviction, your license is suspended when ready, even before sentencing.
You can find out why your license was suspended by calling the Indiana Bureau of Motor Vehicles (BMV) at 317-615-7293 or visiting their website. Have your driver's license number ready. The BMV will tell you the specific reason and what you must do to lift the suspension. This information is critical because it determines what you need to do before you can legally drive again and what the court will focus on during your hearing.
If you were not aware your license was suspended, that does not protect you from the citation. Indiana law does not provide a defense based on lack of knowledge. However, if the suspension was issued in error or if you have already resolved the underlying issue, you can present that evidence in court.
What happens in court
Your court date will be in the municipal or superior court in the county where you were stopped. You should bring your citation, your driver's license (if the officer returned it), proof of insurance, and any documentation related to why your license was suspended. If you have already paid outstanding fines, child support, or reinstatement fees, bring proof of those payments.
At your hearing, the prosecutor will present the officer's report showing that your license was suspended at the time of the stop. You can contest the citation only if you believe the officer made an error—for example, if your license was actually valid or if the suspension had been lifted before the stop. straightforward being unaware of the suspension is not a valid defense.
If you do not contest the citation, the judge will impose a sentence. For a first offense, this typically ranges from a fine of $250 to $500 and a jail sentence of up to 60 days, though judges often impose fines without jail time. For a second or subsequent offense within five years, the penalties increase: fines of $500 to $1,000 and up to 180 days in jail. The judge may also suspend your sentence or place you on probation.
Requesting a work permit or hardship license
If your license was suspended for reasons other than a DUI or reckless driving conviction, you may be able to request a work permit (also called a hardship license) that allows you to drive only for specific purposes like work, school, or medical appointments. You must request this before or at your court hearing, though some people request it from the BMV directly before their court date.
To request a work permit, you will need to show the court that suspending your license creates a genuine hardship—typically that you cannot reach your job, school, or medical care without driving. You will also need to show that you have no other reasonable transportation options. The court has discretion to grant or deny the request.
A work permit is not a full license. It restricts where and when you can drive, and you must carry it with you at all times. If you are stopped while driving outside the permitted purposes or times, you will face another citation. Work permits are temporary and typically last until your suspension is lifted or your case is resolved.
How to resolve the suspension and reinstate your license
The steps to reinstate your license depend on why it was suspended. If it was suspended for unpaid fines or court costs, you must pay those amounts in full. If it was suspended for unpaid child support, you must contact the Indiana Child Support Enforcement Division or your local prosecutor's office to arrange payment or a payment plan. If it was suspended for failure to maintain insurance, you must obtain a policy and provide proof to the BMV.
Once you have resolved the underlying issue, you must pay a reinstatement fee to the BMV. This fee varies depending on the reason for suspension but typically ranges from $50 to $150. You can pay this fee online through the BMV website, by mail, or in person at a BMV branch. After payment is processed, your license will be reinstated, usually within one to three business days.
If your suspension was due to a DUI conviction, the process is more complex. You must complete a substance abuse program, install an ignition interlock device in your vehicle (in most cases), and pay reinstatement fees. The BMV will provide specific instructions based on your conviction. Contact the BMV or a DUI attorney for guidance on this process.
What to do if you are stopped again before reinstatement
If you are stopped a second time while your license is still suspended, the penalties increase significantly. A second offense within five years carries fines of $500 to $1,000 and up to 180 days in jail. A third offense can result in fines up to $1,000 and up to one year in jail. Your vehicle is also more likely to be impounded on a second or subsequent stop.
If you have already been cited once and are waiting for your court date, do not drive unless you have obtained a work permit. The risk of a second citation is not worth it. If you must drive, request the work permit from the court or the BMV before you get behind the wheel again.
How to avoid this situation in the future
Stay aware of your license status by checking the BMV website periodically or calling their customer service line. If you receive a notice that your license will be suspended, address the underlying issue when ready—pay fines, arrange child support payments, or obtain insurance—rather than waiting for the suspension to take effect.
If you receive a traffic citation, pay it or contest it in court by the due date. Ignoring a citation leads to a suspended license. If you cannot afford to pay a fine, contact the court and ask about a payment plan or community service option. Courts are often willing to work with people who communicate rather than ignore the citation.
Keep proof of insurance in your vehicle at all times and renew your policy before it lapses. Many suspensions result from insurance lapses that drivers did not realize had occurred. Set a calendar reminder for your insurance renewal date so you do not miss it.
Frequently Asked Questions
Can I drive to court on the date of my hearing?
No. Driving with a suspended license is illegal, even to attend your court hearing about the suspension. Arrange a ride with someone else, use public transportation, or contact the court to ask about rescheduling if you have no way to get there. Showing up late or missing your hearing will result in additional charges.
Will a suspended license suspension show up on my driving record?
Yes. The suspension and any citation for driving with a suspended license will appear on your driving record. This can affect your insurance rates and may be considered if you are stopped for another traffic violation in the future. The record typically remains for seven years.
What if I was not the one driving the car?
You are responsible for your license, not for who drives your car. If someone else was driving your vehicle and your license was suspended, you are still the one cited. You cannot transfer the citation to the driver. However, you can explain this to the judge, and it may affect how they view your case.
Can I get my license back before my court date?
If you resolve the underlying reason for the suspension and pay the reinstatement fee before your court date, your license will be reinstated. You should still appear in court on your scheduled date, but having your license reinstated beforehand shows the judge you took action. Bring proof of reinstatement to your hearing.
What if the BMV made a mistake and suspended my license by error?
Contact the BMV when ready with documentation showing the error. If you can prove the suspension was issued in error, the BMV can lift it. Bring this documentation to your court hearing as well. If the suspension is lifted before your court date, the citation may be dismissed, but you should still appear to confirm this with the judge.