Driving on a suspended license in Indiana is a criminal offense that carries jail time, fines, and a longer suspension

If your Indiana license is suspended and you drive anyway, you are committing a crime. The penalties depend on how many times you have done it before and why your license was suspended in the first place. A first offense can result in up to 60 days in jail and a fine up to $500. A second offense within five years means up to 180 days in jail and up to $1,000 in fines. A third or subsequent offense can mean up to one year in jail and up to $5,000 in fines. Beyond the criminal penalties, your suspension will be extended — often by six months to one year — and you will have a permanent criminal record that affects employment, housing, and insurance.

The reason your license was suspended matters for how the court treats the offense. If you were suspended for unpaid traffic tickets or child support, the court may be more willing to work with you. If you were suspended for a DUI or reckless driving conviction, the court will treat a driving-while-suspended charge much more seriously. Either way, you should not drive during a suspension, and if you have already been caught, you need to understand what comes next.

Key Takeaways

  • Driving on a suspended license in Indiana is a misdemeanor crime with jail time starting at 60 days for a first offense and escalating for repeat violations.
  • Your suspension will be extended by at least six months when you are convicted of driving while suspended, making it harder to get your license back.
  • You can request a work permit or a hardship license from the Indiana Bureau of Motor Vehicles if you need to drive for employment or medical reasons during a suspension.
  • If you are stopped, the officer will likely arrest you or issue a citation, and you will have a court date where you can explain your situation to a judge.
  • A criminal record for driving while suspended affects your ability to get hired, rent an apartment, and obtain insurance for years after the conviction.

Criminal penalties for a first, second, and third offense

Indiana law treats driving on a suspended license as a Class B misdemeanor for a first offense. This means you face up to 60 days in jail, a fine up to $500, or both. The court has discretion, so a judge might impose only a fine, only jail time, or a combination. If you have a clean record otherwise and can show the suspension was accidental or due to circumstances beyond your control, you may receive a lighter sentence.

A second offense within five years is a Class A misdemeanor. The penalty jumps to up to 180 days in jail and up to $1,000 in fines. A third or subsequent offense within five years is also a Class A misdemeanor but can result in up to one year in jail and up to $5,000 in fines. If your suspension was for a DUI-related reason, the penalties are often harsher because the court views you as a public safety risk.

Beyond the when ready jail and fine, you will also pay court costs, which typically range from $100 to $300 depending on the county. If you cannot afford to pay fines, you may be able to request a payment plan or community service in lieu of payment, but you must ask the judge at your court date.

How your suspension gets extended when you are convicted

When you are convicted of driving on a suspended license, the Indiana Bureau of Motor Vehicles will extend your original suspension. The extension is usually six months to one year, depending on the reason for the original suspension and whether you have prior convictions. This means if you were already suspended for two years due to a DUI, a conviction for driving while suspended could add another year to that timeline.

The extension is automatic — you do not have to do anything to trigger it. The court will notify the BMV of the conviction, and the BMV will update your record. You will not be able to reinstate your license until the extended suspension period ends, and you will have to pay the reinstatement fee (currently $50 in Indiana) plus any outstanding fines or child support.

If you were suspended for unpaid tickets or child support, you must resolve those issues before the BMV will lift the suspension, even after the suspension period ends. This is why it is critical to address the underlying reason for the suspension as soon as possible.

Work permits and hardship licenses during a suspension

Indiana allows you to request a work permit or hardship license if you need to drive for employment, school, or medical reasons during a suspension. A work permit is the more limited option — it allows you to drive only to and from work, to a medical appointment, or to court. A hardship license is broader and may allow you to drive for other necessary purposes, depending on the reason for your suspension.

To request either one, you must go to your local BMV branch in person and complete an process. You will need to show proof of employment (a letter from your employer), proof of the hardship (medical records, school enrollment, etc.), and your current ID. There is a fee of around $20 to $30, depending on the type of permit. The BMV will review your request and either approve or deny it within a few business days.

A work permit or hardship license does not erase your suspension — it only allows you to drive for specific purposes during the suspension period. If you are caught driving outside the scope of the permit, you can still be charged with driving on a suspended license. The permit must be in your vehicle at all times while you are driving.

What happens if you are stopped by police

If a police officer runs your license and discovers it is suspended, they will likely arrest you on the spot or issue you a citation to appear in court. Whether they arrest you depends on the reason for the suspension, whether you have prior convictions for the same offense, and the officer's judgment. If the suspension is for a DUI-related reason, arrest is more likely. If it is for unpaid tickets, the officer may issue a citation instead.

If you are arrested, you will be taken to the local police station or county jail for booking. You may be released on your own recognizance (meaning you promise to show up for court), or you may have to post bail. The amount of bail depends on the severity of the offense and your criminal history. At your first court appearance, you will be informed of the charges and your rights, and a date will be set for your trial or plea hearing.

Do not attempt to talk your way out of the stop or claim you did not know your license was suspended. Anything you say can be used against you in court. Politely provide your ID and insurance information, and ask to speak with an attorney before answering questions about why you were driving.

How a driving-while-suspended conviction affects employment and housing

A misdemeanor conviction for driving on a suspended license will appear on your criminal record and will show up in background checks for employment and housing. Many employers, especially those in transportation, delivery, healthcare, and security, will not hire someone with this conviction. Even employers in other fields may view it as a sign of poor judgment or inability to follow rules.

Landlords and property management companies also run criminal background checks, and a conviction for driving while suspended may disqualify you from renting. Some landlords have blanket policies against anyone with a misdemeanor conviction within the past five to seven years. Others will consider your explanation and the time that has passed since the conviction, but you will have to disclose it.

The conviction will remain on your public record indefinitely in Indiana. You cannot have it expunged (erased) unless you are acquitted or the charges are dismissed. This means the conviction will follow you for job and housing applications for years.

Insurance and the cost of getting your license back

After a conviction for driving on a suspended license, your insurance rates will increase significantly, and some insurers may drop you entirely. You will likely be classified as high-risk, which means you will pay 50% to 100% more for the same coverage than a driver with a clean record. Some insurers specialize in high-risk drivers, but their rates are substantially higher.

To reinstate your license after the suspension period ends, you must pay the reinstatement fee ($50 in Indiana), provide proof of insurance, and resolve any outstanding fines, child support, or other reasons for the original suspension. If your suspension was for a DUI, you may also be required to complete a substance abuse program or install an ignition interlock device in your vehicle before reinstatement is approved.

The total cost of a driving-while-suspended conviction — including fines, court costs, increased insurance premiums, and the reinstatement fee — can easily exceed $1,500 to $3,000 over the first year alone. This does not include the cost of an attorney if you choose to hire one, which typically ranges from $500 to $2,000 depending on the complexity of your case.

Frequently Asked Questions

Can I get the charge dismissed if I did not know my license was suspended?

Not knowing your license was suspended is not a legal defense in Indiana. The law assumes you are responsible for knowing the status of your license. However, if you can show that the suspension was issued in error by the BMV or that you were never notified, you may have grounds to challenge the charge. This requires an attorney and evidence of the error or lack of notice.

What if I was driving someone else's car and did not know the owner's license was suspended?

You cannot be charged with driving on a suspended license if it is not your license that is suspended. However, the owner of the vehicle can be charged. If you were driving with the owner's permission, you should not face criminal charges, but you may still be cited for other violations depending on the circumstances.

Can I request a continuance or delay of my court date?

Yes, you can request a continuance from the court, usually by contacting the prosecutor's office or the court clerk before your scheduled date. A continuance gives you more time to prepare your defense or hire an attorney. The court will grant or deny the request based on the reason you provide. Repeated requests may be denied, and missing your court date without a valid reason can result in an arrest warrant.

Will a work permit protect me from being charged if I am stopped?

A valid work permit or hardship license will protect you from being charged with driving on a suspended license, as long as you are driving within the scope of the permit. If you are stopped and can show the officer your permit and proof that you are driving for an allowed purpose, you should not be arrested. However, if you are driving outside the permitted scope, you can still be charged.

How long does a driving-while-suspended conviction stay on my record?

A misdemeanor conviction for driving on a suspended license remains on your public criminal record indefinitely in Indiana. You cannot have it expunged unless you are acquitted or the charges are dismissed. For practical purposes, most employers and landlords stop checking records beyond seven to ten years, but the conviction never disappears from the official record.