Indiana treats driving on a suspended license as a criminal offense, not just a traffic violation

In Indiana, operating a motor vehicle while your license is suspended is a Class B misdemeanor if this is your first offense. That means you face up to 180 days in jail, a fine up to $1,000, or both. A second or subsequent offense within five years becomes a Class A misdemeanor, carrying up to one year in jail and fines up to $5,000. These are criminal charges that appear on your record, not civil infractions you can pay off with a ticket.

The state does not distinguish between different reasons your license was suspended—whether it was for unpaid traffic fines, a DUI conviction, points accumulation, or failure to pay child support. The law treats all suspended-license driving the same way. Police can pull you over for any traffic violation and discover the suspension through the Indiana Bureau of Motor Vehicles database in real time.

Your vehicle can also be impounded. Indiana law allows law enforcement to seize and hold your car if you are caught driving with a suspended license. Retrieving it requires paying towing and storage fees on top of any court costs and fines you owe.

Key Takeaways

  • Driving with a suspended license in Indiana is a Class B misdemeanor on a first offense, carrying jail time up to 180 days and fines up to $1,000.
  • A second or subsequent offense within five years becomes a Class A misdemeanor with penalties up to one year in jail and $5,000 in fines.
  • Your vehicle can be impounded, and you will owe towing and storage fees in addition to court fines and any underlying debt that caused the suspension.
  • The reason for your suspension does not matter—whether it was points, unpaid fines, or a DUI—the criminal penalty is the same.
  • You can request a hearing to challenge the suspension or ask the court for a work permit that allows limited driving to your job.

How Indiana suspends licenses and what triggers it

The Indiana Bureau of Motor Vehicles suspends licenses for several reasons, and you should know which one applies to you because it affects how you restore your driving privileges. The most common triggers are accumulating 12 or more points within a 24-month period, failing to pay traffic fines or child support, a DUI or OVWI (Operating While Intoxicated) conviction, or failure to maintain required insurance.

When the BMV suspends your license, they mail you a notice to your address on file. That notice includes the reason for suspension, the effective date, and instructions for reinstatement. Many people miss this notice or ignore it, then drive anyway. If you are unsure whether your license is suspended, you can check your status on the BMV website or call the BMV at 317-615-7293.

Some suspensions are mandatory—meaning the BMV has no discretion and must suspend you. Others are administrative, meaning the BMV imposed the suspension based on your driving record. This distinction matters if you want to request a hearing, because you have different rights depending on which type of suspension you are fighting.

Criminal penalties for a first offense

A first conviction for driving with a suspended license in Indiana results in a Class B misdemeanor. The court can sentence you to jail time up to 180 days, a fine up to $1,000, or both. In practice, many first-time offenders receive probation instead of jail, but jail is possible, and the conviction itself stays on your criminal record.

You will also face court costs, which typically range from $100 to $300 depending on the county. If your license was suspended because you owe traffic fines or child support, the court may order you to pay those debts as part of your sentence. If your vehicle was impounded, you must pay the towing fee (usually $150 to $300) and daily storage fees (typically $15 to $30 per day) to retrieve it.

A Class B misdemeanor conviction affects your employment record. Many employers run background checks, and a criminal conviction can disqualify you from jobs, professional licenses, or housing. The conviction also appears on your record for life unless you later petition for expungement, which requires meeting specific legal criteria and filing a separate motion with the court.

Penalties for a second or subsequent offense

If you are convicted of driving with a suspended license a second time within five years of the first conviction, the charge escalates to a Class A misdemeanor. The maximum penalty is one year in jail and a fine up to $5,000. The court also has discretion to impose both jail time and the full fine together.

A second offense makes jail time more likely. While a first offense often results in probation, judges typically impose actual incarceration for repeat offenders. You will also face higher court costs and, if applicable, higher impound and storage fees if your vehicle is seized again.

If more than five years pass between convictions, a new offense is treated as a first offense again. However, all convictions remain on your criminal record regardless of the time gap. A second conviction makes it significantly harder to find employment, housing, or professional licensing, and it demonstrates a pattern of disregarding the law.

Vehicle impoundment and recovery costs

When police stop you for driving with a suspended license, they have the authority to impound your vehicle under Indiana Code 9-27-2-1. The car is towed to an impound lot, and you cannot retrieve it until you pay all associated fees. Towing typically costs $150 to $300, and storage fees run $15 to $30 per day. A vehicle held for one week can cost $250 to $500 in fees alone.

To recover your vehicle, you must go to the impound lot with proof of ownership and payment. Some impound lots accept cash or card; others require a cashier's check. You cannot straightforward pay the towing company—you must also satisfy the reason your license was suspended in the first place. For example, if your license was suspended for unpaid traffic fines, you may need to show proof that those fines are paid or a court order allowing you to drive before the lot will release the car.

If you cannot afford to pay impound fees when ready, the lot will continue charging storage fees daily. After a certain period (usually 30 to 60 days, depending on the lot), the vehicle may be sold at auction to cover the fees. Once that happens, you lose the vehicle entirely.

How to request a hearing or challenge the suspension

You have the right to request a hearing before the Indiana Bureau of Motor Vehicles to challenge your suspension, but you must do so within 10 days of receiving the suspension notice. The hearing is your chance to present evidence that the suspension was improper or that you have corrected the underlying problem.

To request a hearing, contact the BMV's Administrative Hearings Section at 317-615-7293 or submit a written request to the BMV at 100 North Senate Avenue, Indianapolis, IN 46204. Include your driver's license number, the reason for suspension, and a brief explanation of why you believe the suspension should be lifted or delayed. If you miss the 10-day window, you can still request a hearing, but you will have a much weaker legal position.

At the hearing, you can present documents, witness testimony, or other evidence. For example, if your suspension was based on unpaid fines, you can show proof of payment. If it was based on points, you can ask about traffic school or defensive driving courses that might reduce your points. The hearing officer will make a decision, which you can appeal to the Marion County Superior Court if you disagree.

Work permits and limited driving privileges

If your license is suspended and you need to drive to work, you can petition the court for a work permit (also called a hardship license or conditional license). This is not automatic—you must show the court that you have a genuine hardship and that you have no reasonable alternative transportation.

To request a work permit, file a petition with the court in the county where you were charged or where your suspension is in effect. You will need to explain your job, your work schedule, and why you cannot use public transportation, carpool, or other alternatives. The court may grant a permit that allows you to drive only to and from work, or only during specific hours. Violating the terms of a work permit—for example, driving somewhere other than work—is a separate criminal offense.

Work permits are not may provide. The court considers factors like whether you have prior suspensions, the reason for your current suspension, and whether you have made efforts to resolve the underlying issue. If your suspension is for a DUI or OVWI, the court is less likely to grant a work permit, especially if this is not your first offense.

Steps to restore your license after a suspension

The process to restore your license depends on why it was suspended. If it was suspended for unpaid fines, you must pay those fines in full. If it was suspended for points, you must wait out the suspension period (typically 6 months to 1 year) and then request reinstatement. If it was suspended for a DUI, you must complete an alcohol education program and may need to install an ignition interlock device.

Once you have met the conditions for reinstatement, contact the BMV to request restoration. You can do this online, by phone at 317-615-7293, or in person at a BMV branch. There is typically a reinstatement fee of $50 to $100. The BMV will process your request and mail you a new license or send you a notice confirming that your driving privileges have been restored.

Do not drive until you receive written confirmation that your suspension has been lifted. Driving before official reinstatement is still driving with a suspended license, even if you have paid all fines or completed all required programs. Keep your reinstatement confirmation or new license with you while driving.

Frequently Asked Questions

Can I get a work permit if my license is suspended for a DUI?

You can petition the court for a work permit even with a DUI suspension, but approval is less likely. The court will consider whether this is your first DUI, how long your suspension lasts, and whether you have completed any required alcohol education programs. Some courts grant limited work permits for DUI suspensions; others deny them entirely. Your best chance is to show the court that you have already taken steps to address the underlying problem.

What happens if I am caught driving with a suspended license twice in one year?

If you are convicted of a second offense within five years, the charge becomes a Class A misdemeanor with penalties up to one year in jail and $5,000 in fines. The court will likely impose jail time on a second conviction. If the second arrest happens before the first case is resolved, you may face both charges in court at the same time, which can result in consecutive sentences.

Do I have to pay impound fees even if the charges are dropped?

Yes. Impound and towing fees are separate from criminal charges. Even if your case is dismissed or you are found not guilty, you still owe the impound lot for towing and storage. The only way to avoid these fees is to not have your vehicle impounded in the first place, which means not driving with a suspended license.

How long does a suspended license conviction stay on my record in Indiana?

A conviction for driving with a suspended license remains on your criminal record permanently unless you petition for expungement. Indiana allows expungement of certain misdemeanors, but you must wait at least five years after conviction and meet other legal criteria. You will need to file a petition with the court and may need an attorney to increase your chances of approval.

Can I get my license back early if I pay all my fines?

It depends on the reason for suspension. If your license was suspended only for unpaid fines, paying them in full may allow early reinstatement. If it was suspended for points or a DUI, you must wait out the full suspension period regardless of whether you pay other debts. Contact the BMV to ask whether early reinstatement is possible in your specific situation.