What Failure to Reinstate Means
Failure to reinstate means your Delaware driver's license has been suspended or revoked, and you have not completed the reinstatement process to get it back. Once your license is suspended, you cannot legally drive in Delaware or most other states. If you continue to drive without reinstating, you are driving with a suspended license — a separate criminal offense that carries its own penalties.
The difference matters. A suspension is temporary; reinstatement is how you end it. If you ignore the suspension and do not reinstate, the state treats you as someone who is knowingly breaking the law every time you get behind the wheel.
Key Takeaways
- Driving on a suspended Delaware license is a criminal offense with fines starting at $100 and possible jail time, separate from the original reason your license was suspended.
- Your suspension will not go away on its own; you must complete the reinstatement steps the Delaware Division of Motor Vehicles requires, which vary depending on why your license was suspended.
- If you are caught driving with a suspended license, police can impound your vehicle, and a conviction will add points to your record and make future reinstatement harder.
- The longer you wait to reinstate, the more penalties and fees accumulate, and some suspensions can eventually become permanent revocations.
Criminal Penalties for Driving Suspended
Driving with a suspended Delaware license is a misdemeanor. On a first offense, you face a fine of at least $100 and up to $300, plus possible jail time of up to 10 days. The court can also order you to pay court costs and may suspend your license further as part of the sentence.
A second offense within five years increases the fine to $300 to $600 and jail time up to 20 days. A third or subsequent offense can result in fines up to $1,000 and up to 30 days in jail. These penalties stack on top of whatever caused the original suspension — you are not replacing the suspension, you are adding to it.
Police can also impound your vehicle if you are stopped while driving suspended. You will have to pay towing and storage fees to get it back, and those costs are separate from any fines or court fees.
How Suspension Becomes Permanent Revocation
Some suspensions in Delaware can eventually become permanent revocations if you do not reinstate within a certain timeframe. A revocation is different from a suspension: a suspension can end once you meet the requirements, but a revocation means your license is permanently cancelled and you must reapply from the beginning, often years later.
For example, if your license was suspended for unpaid child support or unpaid court fines, and you do not address those debts or reinstate, the suspension can convert to a revocation after a set period. The same applies to certain DUI-related suspensions or habitual traffic offender designations. Once revoked, you cannot straightforward pay a fee and get your license back — you have to go through the full licensing process again, including written and road tests.
What Happens to Your Driving Record
Every time you are caught driving with a suspended license, that conviction goes on your driving record. This creates a pattern that makes future reinstatement more difficult and more expensive. Insurance companies will see the convictions and raise your rates or drop your coverage entirely.
If you eventually do reinstate, those convictions remain on your record for years. They affect your ability to get hired for jobs that require a clean driving record, and they make it harder to get reasonable insurance rates. Some employers run background checks that include driving records, so a pattern of driving suspended can cost you job opportunities.
Additionally, if you accumulate enough points from these convictions, you may trigger a new suspension on top of the one you are already trying to reinstate from.
Steps to Reinstate Before You Get Caught
The reinstatement process depends on why your license was suspended. The Delaware Division of Motor Vehicles will have sent you a notice explaining the reason and what you need to do. If you have lost that notice, you can contact the DMV directly to find out what is required.
Common reinstatement steps include paying any outstanding fines or fees, providing proof that you have completed a required course (such as a defensive driving course or substance abuse program), paying court costs, or providing proof that you have resolved the underlying issue (such as paying child support arrears or obtaining car insurance).
Once you have completed the requirements, you submit your reinstatement request to the DMV, either in person at a DMV office or by mail. Processing typically takes one to two weeks. You will receive written confirmation when your license is reinstated, and you can then legally drive again.
Why Waiting Makes It Worse
Every day you drive on a suspended license increases the risk of being stopped and arrested. Even a routine traffic stop for a broken taillight can result in a criminal charge if the officer discovers your license is suspended. You cannot predict when that will happen, but the longer you wait, the more likely it becomes.
Additionally, fees and fines often increase over time. If your suspension was due to unpaid court fines, those fines may accrue interest. If it was due to unpaid child support, arrears continue to accumulate. If it was due to an unpaid reinstatement fee itself, that fee does not decrease — it stays the same or grows.
The cost of reinstatement today is almost always less than the cost of a criminal conviction, impound fees, increased insurance rates, and the time spent dealing with the court system.
Getting Help With Reinstatement
If you are unsure what your suspension is for or what you need to do to reinstate, contact the Delaware Division of Motor Vehicles directly. You can reach them by phone or visit a local DMV office in person. Have your driver's license number or Social Security number ready when you call.
If your suspension is related to unpaid fines or child support, you may be able to set up a payment plan rather than paying the full amount at once. Ask the DMV or the court about this option when you contact them. Some suspensions can be lifted temporarily while you are working on meeting the requirements.
If you cannot afford the reinstatement fee, some Delaware counties have programs that can help. The DMV can direct you to resources in your area.
Frequently Asked Questions
Can I get a hardship license while my license is suspended?
Delaware does offer limited driving privileges in some cases, but only if you meet specific criteria and the reason for your suspension allows it. You must request this through the DMV or the court that issued the suspension. Not all suspension reasons may have access to, so contact the DMV to learn about you are may be able to access.
What if I was not aware my license was suspended?
The DMV is required to send notice of suspension to the address on file with your license. If you did not receive it, you may not have been aware, but the law still treats you as responsible for knowing. If you suspect your license may be suspended, check your status with the DMV before driving. Ignorance of the suspension is not a legal defense against a driving-suspended charge.
How long does reinstatement take once I submit my request?
Processing typically takes one to two weeks after you submit your reinstatement request and all required documents. Some cases take longer if additional information is needed. You will receive written confirmation when your license is reinstated. Do not drive until you have received that confirmation.
Will a driving-suspended conviction affect my insurance?
Yes. Insurance companies consider driving-suspended convictions serious violations. Your rates will increase significantly, and some insurers may drop your coverage or refuse to insure you. You may have to use high-risk insurance, which is much more expensive.
Can I reinstate my license online in Delaware?
Some reinstatement requests can be started online through the Delaware DMV website, but you will likely need to submit documents by mail or in person, and payment must be made. Check the DMV website or call to find out which steps can be completed online for your specific suspension.