What happens if you drive on a suspended license in Vermont
Driving on a suspended license in Vermont is a criminal offense, not just a traffic violation. If you are stopped while driving with a suspended license, you face arrest, jail time, fines, and an extension of your suspension. The exact penalty depends on how many times you have been caught driving suspended and whether your suspension was for a serious reason like a DUI conviction or failure to pay child support.
Vermont treats this as a misdemeanor offense. A first offense can result in up to 90 days in jail and a fine of $100 to $500. A second offense within five years carries up to six months in jail and a fine of $200 to $1,000. A third or subsequent offense can mean up to two years in prison and a fine of $500 to $2,000. Beyond the criminal penalties, your license suspension will be extended, and you may face additional suspension time on top of what was already ordered.
The consequences compound quickly. A conviction for driving suspended goes on your criminal record, which affects employment, housing, and insurance rates for years. Your insurance company may drop you entirely, and you will pay significantly higher premiums if you find coverage. If you are caught a second or third time, the criminal record becomes harder to explain to employers and landlords.
Key Takeaways
- Driving with a suspended license in Vermont is a criminal misdemeanor, not a civil traffic violation, and results in arrest and jail time.
- A first offense carries up to 90 days in jail and a $100 to $500 fine; a second offense within five years carries up to six months in jail and a $200 to $1,000 fine.
- Your license suspension is automatically extended when you are convicted of driving suspended, adding months or years to your original suspension period.
- A criminal conviction for driving suspended appears on your record and affects employment, housing, and insurance for years after the conviction.
- Vermont law does not distinguish between accidentally driving suspended and knowingly driving suspended — the penalty is the same either way.
How Vermont determines the penalty for your specific case
Vermont courts look at three main factors when sentencing someone convicted of driving suspended: your prior record, the reason your license was suspended, and whether this is your first, second, or third offense within a five-year window.
If your license was suspended for a serious reason — such as a DUI conviction, reckless driving, or accumulating too many points — the court treats a driving-suspended conviction more harshly than if your suspension was for a minor reason like an unpaid parking ticket or failure to renew. A suspension tied to a DUI or criminal conviction signals to the judge that you ignored a court order related to public safety, which increases the likelihood of jail time rather than just a fine.
The five-year lookback period matters significantly. If you were convicted of driving suspended three years ago and are caught again today, this new offense is treated as a second offense, not a first. The penalties jump substantially. If five or more years have passed since your last conviction, a new arrest may be treated as a first offense, though the judge still sees your history.
What happens at a traffic stop when your license is suspended
When a police officer runs your license plate or your driver's license number during a traffic stop, the Vermont Law Enforcement Dispatch System shows when ready whether your license is suspended. The officer will inform you of the suspension and may ask why you are driving. Do not lie or make excuses — anything you say can be used against you in court.
You will be arrested and taken to the police station for booking. You will be fingerprinted, photographed, and asked questions about your identity and the circumstances of the stop. You have the right to remain silent and the right to speak with a lawyer. Use both. Do not answer questions about why you were driving or where you were going without a lawyer present.
After booking, you will be held until a bail hearing, usually within 24 hours. At the bail hearing, a judge decides whether to release you on your own recognizance (your promise to return), set bail, or hold you without bail. If this is your first offense and you have ties to the community, you are likely to be released on your own recognizance. If you have prior convictions or failed to appear in court before, bail may be set or you may be held.
Criminal charges and court proceedings in Vermont
After arrest, you will be charged with a misdemeanor violation of Vermont Statute Title 23, Section 674, which is the statute that makes driving with a suspended license illegal. You will receive a court date, usually several weeks away. You have the right to a lawyer; if you cannot afford one, you can request a public defender at your first court appearance.
At your first court date, you will be asked to enter a plea: guilty, not guilty, or no contest. If you plead guilty or no contest, the judge will sentence you when ready based on the factors described above. If you plead not guilty, the case will be scheduled for trial. Most driving-suspended cases are resolved by guilty plea because the evidence is straightforward — the officer has your suspended license record and the traffic stop report.
If you go to trial, the prosecution must prove that your license was suspended at the time you were driving and that you were the person driving the vehicle. The officer will testify about the traffic stop and what the dispatch system showed. You have the right to cross-examine the officer and to present your own witnesses or evidence. However, conviction rates are high because the evidence is usually clear.
License suspension extension and how to restore your driving privileges
When you are convicted of driving with a suspended license in Vermont, your original suspension period is extended. The extension is typically equal to the original suspension period or longer, depending on the judge's discretion and the seriousness of your case. If your license was suspended for one year and you are convicted of driving suspended, your suspension may become two years or more.
To restore your driving privileges after your suspension ends, you must contact the Vermont Department of Motor Vehicles (DMV). You will need to pay a reinstatement fee, which varies depending on the reason for your original suspension. You may also be required to pass a written test, a road test, or both, depending on how long your license was suspended and the reason for the suspension.
If your suspension was for unpaid fines or child support, you must resolve those debts before the DMV will reinstate your license. If your suspension was for a DUI, you may be required to install an ignition interlock device in your vehicle before you can drive again. Check with the Vermont DMV about your specific situation before you assume you are may be able to access for reinstatement.
Reasons your license might be suspended in Vermont
Understanding why your license was suspended in the first place can help you understand the severity of the penalty you face if caught driving. Vermont suspends licenses for several categories of reasons, and the reason matters in court.
Point-based suspensions occur when you accumulate too many points from traffic violations. Vermont uses a point system: speeding is 3 to 4 points, reckless driving is 4 points, a DUI is 10 points. Accumulate 12 or more points within a two-year period and your license is suspended for 30 days. A second suspension within five years is 90 days; a third is one year.
DUI-related suspensions are automatic and mandatory. A first DUI conviction results in a one-year suspension. A second DUI within 10 years results in a three-year suspension. These suspensions are serious, and driving during a DUI suspension carries harsher penalties than driving during a point-based suspension.
Administrative suspensions happen when you fail to pay a fine, fail to appear in court, or fail to pay child support. These are civil matters, not criminal convictions, but driving during an administrative suspension is still a criminal offense.
How to learn about your license is suspended right now
You can check your license status through the Vermont DMV website or by calling the DMV directly at 802-828-2000. You will need your driver's license number or Social Security number. The DMV can tell you whether your license is suspended, why it is suspended, and when the suspension will end.
Do not wait until you are pulled over to find out. If you know your license is suspended, do not drive. The consequences of driving suspended are far more serious than the inconvenience of finding another way to get around. If your suspension is for an unpaid fine or child support, contact the agency that issued the suspension and ask about payment plans or other options to resolve the debt.
If you believe your license was suspended in error, contact the Vermont DMV when ready. Errors do happen, and the DMV can correct them. However, if you are driving and your license is actually suspended, the error is not a defense in court — you are still guilty of driving suspended.
Frequently Asked Questions
Can I get a work license or hardship license in Vermont if my license is suspended?
Vermont does not issue work licenses or hardship licenses. Once your license is suspended, you cannot drive for any reason, including work, until the suspension ends and your license is reinstated. Your only option is to use public transportation, carpool, or find another way to get around.
What if I did not know my license was suspended when I was pulled over?
Not knowing your license was suspended is not a legal defense in Vermont. The law holds you responsible for knowing the status of your own license. If you were unsure, you should have checked with the DMV before driving. That said, a lawyer may be able to argue that your lack of knowledge affects sentencing, though it does not eliminate the charge.
Will a driving-suspended conviction show up on a background check for employment?
Yes. A misdemeanor conviction for driving with a suspended license is a criminal conviction and will appear on a background check. Employers, landlords, and others conducting background checks will see it. Some employers have policies against hiring people with criminal convictions, especially for driving-related offenses.
Can I appeal a driving-suspended conviction in Vermont?
Yes, you have the right to appeal to the Vermont Supreme Court. An appeal is not a new trial; instead, you argue that the trial court made a legal error that affected the outcome. Appeals are complex and usually require a lawyer. If you cannot afford one, you can request a public defender to handle your appeal.
What if I was driving someone else's car and did not know the owner's license was suspended?
You are responsible for knowing whether the person whose car you are driving has a valid license. If you are stopped and the registered owner's license is suspended, you can be charged with driving with a suspended license if you were the one behind the wheel. The suspension follows the person, not the car.