You will face criminal charges, fines, and jail time — the exact penalties depend on your state and whether this is your first offense

Getting pulled over while your license is suspended is not a traffic ticket. It is a criminal charge in every state. The officer will likely arrest you on the spot, impound your vehicle, and take you to the station for booking. You will not be able to drive yourself home.

The penalties are serious. Most states impose fines between $250 and $1,000 for a first offense, though some go higher. Jail time ranges from a few days to six months, depending on the state and your record. A second or third offense within a certain period — usually five to ten years — carries steeper fines and longer jail sentences. Some states add mandatory community service or require you to complete a driver improvement course before your license can be reinstated.

Your vehicle will be towed and stored at a city or county impound lot. You will owe towing fees (typically $150 to $300) plus daily storage fees (usually $20 to $50 per day) before you can retrieve it. If you cannot pay within a set time, the lot may sell the vehicle to cover costs.

Key Takeaways

  • Driving with a suspended license is a criminal offense, not a civil violation, and results in arrest, not just a ticket.
  • First-offense penalties typically include fines of $250 to $1,000 and jail time ranging from a few days to six months, varying by state.
  • Your vehicle will be impounded, and you will owe towing and storage fees before you can retrieve it.
  • A criminal record for this offense can affect employment, housing, and insurance rates for years after the conviction.
  • You have the right to an attorney; if you cannot afford one, you can request a public defender at your first court appearance.

What happens when ready after the arrest

The officer will handcuff you, read you your rights, and transport you to the police station or county jail for booking. During booking, you will be photographed, fingerprinted, and your personal information will be entered into the system. The officer will ask about your medical history, medications, and any mental health concerns. You will be searched, and your belongings will be inventoried and stored.

You will then be held in a holding cell until you see a judge or magistrate for an initial appearance, usually within 24 to 72 hours. At this appearance, the judge will inform you of the charges, explain your rights, and set bail or release conditions. If you cannot afford bail, you can ask for a public defender. The judge may release you on your own recognizance (your promise to return), set a bail amount, or deny bail entirely if you have a long criminal history or are deemed a flight risk.

Your vehicle will be towed to an impound lot. You will receive a notice with the lot's location and the fees owed. Do not ignore this notice — storage fees accumulate daily, and the lot can sell your vehicle if fees go unpaid for 30 to 90 days, depending on state law.

Criminal charges and court proceedings

The charge will be listed as "driving with a suspended license" or "DWLS" on your paperwork. Most states classify this as a misdemeanor for a first offense, though some treat it as a felony if your license was suspended for serious reasons — such as multiple DUIs or reckless driving convictions — or if you have prior DWLS convictions.

Your first court date is the arraignment, where you will enter a plea: guilty, not guilty, or no contest. If you plead guilty or no contest, the judge will sentence you when ready. If you plead not guilty, the case will be scheduled for trial, which may be weeks or months away. During this time, you will remain under the court's conditions — which may include a requirement to stay in the state, avoid further traffic violations, or check in with a probation officer.

You have the right to an attorney. If you cannot afford one, request a public defender at your arraignment. A public defender can negotiate with the prosecutor for reduced charges or penalties, represent you at trial, or help you understand your options. Do not skip court dates — failing to appear will result in an additional charge and a warrant for your arrest.

Fines, jail time, and other penalties by offense number

Penalties escalate with each offense. A first DWLS conviction typically results in fines of $250 to $1,000 and jail time of 5 to 30 days, though some states impose up to six months. A second offense within five to ten years usually doubles the fines and jail time — often $500 to $2,000 and 10 days to six months. A third or subsequent offense can result in fines of $1,000 to $5,000 and jail time of 30 days to one year.

Beyond fines and jail, courts may order you to pay restitution if your driving caused property damage or injury. You may also be required to complete a driver improvement course, perform community service (typically 20 to 100 hours), or attend substance abuse counseling if drugs or alcohol were involved in the original suspension. Some states impose a license suspension extension — meaning your license will remain suspended for an additional period after your sentence ends.

You will also be responsible for court costs and fees, which vary by jurisdiction but typically range from $100 to $500. If you cannot pay fines when ready, the court may allow a payment plan, but failure to pay can result in additional charges or jail time.

How a DWLS conviction affects your record and future

A criminal conviction for driving with a suspended license will appear on your permanent record. Employers, landlords, and insurance companies can see this conviction. Many employers will not hire someone with a recent criminal record, especially for jobs involving driving or positions of trust. Landlords may deny your rental process. Insurance companies will raise your rates significantly or deny coverage altogether.

The conviction will also complicate any future interactions with law enforcement. If you are pulled over again, the officer will see the prior conviction and may treat the situation more seriously. If you accumulate multiple DWLS convictions, you risk felony charges, which carry prison time and permanent restrictions on voting, firearm ownership, and professional licensing in some states.

Depending on your state, you may be able to have the conviction expunged (erased from your record) or sealed after a certain period — typically three to seven years for a misdemeanor. Expungement is not automatic; you must petition the court. A criminal defense attorney can advise you on whether expungement is possible in your case and help you file the paperwork.

Getting your license back after a conviction

Your license will remain suspended throughout your case and for a period after conviction. The length of this additional suspension varies by state and the reason your license was originally suspended. Some states add 30 to 90 days to the original suspension period. Others may suspend your license for one to three years.

Before you can reinstate your license, you must complete all court-ordered requirements: pay all fines and court costs, finish any required driver improvement courses, and serve any jail time. You will also need to pay a reinstatement fee to your state's Department of Motor Vehicles, typically $50 to $200. Some states require you to pass a written test or driving test before reinstatement, even if you had a valid license before the suspension.

Do not drive before your license is officially reinstated. Doing so will result in another arrest and another criminal charge. Check your court paperwork and contact your state's DMV to confirm the exact date your license becomes valid again.

Your options if you are charged

If you are arrested for DWLS, you have several options. You can plead guilty and accept the penalty, which ends the case quickly but results in a permanent criminal record. You can plead not guilty and go to trial, where the prosecutor must prove you knew your license was suspended and that you were driving. You can also negotiate with the prosecutor for a reduced charge or penalty — for example, pleading guilty to a lesser offense in exchange for lower fines or jail time.

A criminal defense attorney can review the circumstances of your arrest. If the officer did not have a valid reason to pull you over, or if there are errors in how your license suspension was recorded, an attorney may be able to get the charges dismissed. Even if the charges stand, an attorney can often negotiate a better outcome than you would receive on your own.

If you cannot afford an attorney, request a public defender at your first court appearance. Public defenders handle DWLS cases regularly and understand the local court system and prosecutors. They cannot may provide a specific outcome, but they can may support your rights are protected and that you understand your options.

Frequently Asked Questions

Will I go to jail when ready after being arrested?

You will be held in a holding cell at the police station or county jail until your initial appearance before a judge, usually within 24 to 72 hours. At that hearing, the judge will decide whether to release you on bail, on your own recognizance, or hold you without bail. If you are released, you will not serve jail time unless you are convicted and sentenced.

Can I get the charges dropped if I get my license reinstated?

No. Reinstating your license does not erase the criminal charge or arrest. The charge will proceed through the court system regardless of your license status. However, showing the court that you have taken steps to reinstate your license may help during sentencing, as it demonstrates responsibility.

What if I did not know my license was suspended?

Lack of knowledge is not a legal defense in most states. When a license is suspended, the DMV sends notice by mail to your address on file. If you did not receive the notice, you are still responsible for knowing your license status. However, if you can prove the DMV failed to send proper notice or that the suspension was recorded in error, an attorney may be able to challenge the charge.

How much will it cost to get my car out of impound?

Towing fees are typically $150 to $300, and storage fees range from $20 to $50 per day. If your car is impounded for 30 days, you could owe $750 to $1,800 in impound fees alone, plus the towing cost. Some impound lots offer payment plans, but you must contact them directly to arrange one.

Will this conviction affect my ability to get car insurance?

Yes. Insurance companies will see the conviction and will either deny coverage or charge significantly higher premiums — often two to three times your normal rate. Some insurers specialize in high-risk drivers and will cover you, but at a much higher cost. Shop around with multiple insurers before assuming you cannot get coverage.