Driving with a suspended license in Vermont is a criminal offense, not a traffic violation

When your Vermont license is suspended, you lose the legal right to operate any motor vehicle on public roads. Driving anyway—even for a short trip or an emergency—is a crime. Vermont law treats this as a separate offense from whatever caused the suspension in the first place. The state does not distinguish between driving on a suspended license you knew about and driving on one you missed notice of; the moment you get behind the wheel, you are breaking the law.

The consequences are when ready and compound. Police can arrest you on the spot. Your vehicle can be impounded. You face criminal charges that go on your record separately from the original suspension. A conviction for driving with a suspended license can trigger additional license suspension, fines, jail time, and a requirement to carry an SR-22 insurance certificate when you eventually get your license back.

Key Takeaways

  • Driving with a suspended Vermont license is a criminal charge, not a civil traffic matter, and carries jail time and fines as penalties.
  • A first offense typically results in a fine of $250 to $500 and up to 30 days in jail; a second offense within five years increases to $500 to $1,000 and up to 90 days in jail.
  • Your vehicle will be impounded if you are stopped, and you will be responsible for towing and storage fees on top of criminal penalties.
  • A conviction for driving with a suspended license adds an additional suspension period to your existing one, extending the time before you can legally drive again.
  • Vermont courts may offer a conditional discharge or reduced charges if you can show the suspension was lifted before trial or if you have documentation of hardship.

Criminal penalties for a first offense

Vermont Statute 23 V.S.A. § 674 defines driving with a suspended license as a misdemeanor. For a first offense, the penalty is a fine of not less than $250 and not more than $500, imprisonment for not more than 30 days, or both. The court has discretion to impose either or both penalties depending on the circumstances and your record.

The fine is separate from any other costs you will face. You will also owe towing fees (typically $150 to $300 depending on distance), impound storage fees (usually $25 to $50 per day), and court costs. If you cannot pay when ready, the court may allow a payment plan, but failure to pay can result in additional charges or license suspension.

Penalties increase for repeat offenses

A second offense within five years is treated more severely. The fine increases to not less than $500 and not more than $1,000, and jail time increases to not more than 90 days. A third or subsequent offense within five years can result in a fine of not less than $1,000 and not more than $2,000, and imprisonment for not more than six months.

Each conviction also triggers an additional license suspension. If your license was already suspended for six months, a conviction for driving with a suspended license may add another three to twelve months to that suspension. This means the total time you cannot legally drive extends well beyond the original suspension period.

Vehicle impoundment and storage costs

When you are stopped while driving with a suspended license, Vermont law allows police to impound your vehicle. The vehicle is towed to an impound lot and held until you or the registered owner pays the towing fee and daily storage charges. These fees accumulate quickly—storage typically runs $25 to $50 per day, and a vehicle held for even two weeks can cost $350 to $700 in storage alone.

To retrieve your vehicle, you must pay all fees in full. The impound lot will not release it on a payment plan. If you cannot pay, the vehicle may be sold at auction after a set period (usually 30 to 90 days), and you may still owe the difference between what it sells for and what you owe in fees and towing costs.

How a conviction extends your suspension

The original reason your license was suspended—unpaid fines, DUI, points accumulation, or failure to appear—already has a set suspension period. A conviction for driving with a suspended license does not replace that period; it adds to it. Vermont courts typically impose an additional suspension of three months to one year for a first offense, depending on the judge and your circumstances.

This means if you were suspended for six months and convicted of driving with a suspended license, you might face a total suspension of nine months to one year and six months. You cannot legally drive during any part of this extended period, and attempting to do so again creates another criminal charge.

Possible defenses and court options

Vermont courts recognize a narrow set of circumstances that may reduce or dismiss charges. If you can prove that your suspension was lifted before you were charged or before trial, the charge may be dismissed. You will need documentation from the Vermont Department of Motor Vehicles showing the exact date your license was reinstated and proof that you were driving after that date.

Some courts may offer a conditional discharge if this is your first offense and you have no prior criminal history. A conditional discharge means you plead guilty, but the conviction is not entered on your record if you meet conditions set by the court—usually paying fines, completing community service, or attending a driver improvement course. You must ask your attorney about this option early; it is not automatic and depends on the judge and prosecutor.

If you were unaware of the suspension—for example, if you never received notice—this is not a legal defense in Vermont, but it may be relevant to sentencing. You should bring any evidence that you did not receive notice to your attorney. The court will not overturn the conviction, but it may result in a lighter fine or no jail time.

Steps to take if you are charged

If you are arrested or charged with driving with a suspended license, do not pay any fines or fees without speaking to an attorney first. Contact the Vermont Public Defender's Office if you cannot afford a private attorney; you have the right to one at no cost if your income qualifies. An attorney can review the circumstances of your stop, the validity of the suspension, and whether any procedural errors occurred that might reduce or dismiss the charge.

Gather documentation: your notice of suspension (if you have it), proof of any payments you made toward fines, records of hardship or medical emergency if applicable, and any correspondence with the DMV. Bring this to your first court appearance or to your attorney before that date. Do not ignore the charge or fail to appear in court; doing so will result in an additional criminal charge and a warrant for your arrest.

Frequently Asked Questions

Can I get my license back before my suspension ends if I am charged with driving with a suspended license?

No. A conviction for driving with a suspended license extends your suspension rather than shortening it. Your best option is to resolve the underlying reason for the original suspension (pay fines, complete a DUI program, attend traffic school) and then address the new charge in court. An attorney may be able to negotiate a reduced sentence or conditional discharge that does not add time to your suspension.

What if I did not know my license was suspended?

Lack of knowledge is not a legal defense in Vermont. The DMV is required to send notice of suspension to your address on file, but if you did not receive it or moved without updating your address, you are still responsible for knowing your license status. You can check your license status anytime on the Vermont DMV website or by calling the DMV directly. However, if you can prove you did not receive notice, an attorney may use this to argue for a lighter sentence.

Will a conviction for driving with a suspended license show up on background checks?

Yes. A misdemeanor conviction is a criminal record and will appear on background checks for employment, housing, and loans. It will remain on your record permanently unless you later petition for expungement, which is possible in Vermont but requires meeting specific conditions and court approval. Speak with an attorney about expungement options after your case is resolved.

Can my vehicle be kept by the impound lot if I cannot pay the fees?

Yes. If you do not pay towing and storage fees within the time allowed by the impound lot (usually 30 to 90 days), the vehicle can be sold at auction. You may still owe money after the sale if the auction price does not cover all fees. Contact the impound lot when ready to discuss a payment plan or to retrieve the vehicle as soon as possible.

What happens if I get pulled over again while my license is still suspended?

You will face a second offense charge, which carries higher fines ($500 to $1,000), longer jail time (up to 90 days), and an additional license suspension. Each offense compounds the penalties. If you need to drive for work or medical reasons, you may be able to request a hardship license from the Vermont DMV, but this requires meeting strict conditions and is not may provide.