A hit and run while your license is suspended creates two separate criminal charges

If you hit another vehicle or person and leave the scene without stopping, you have committed hit and run. If your license was suspended at the time, you also committed driving with a suspended license. These are two distinct offenses, and the court will charge and sentence you for both. The hit and run charge is usually the more serious one, but the suspended license charge makes the overall penalty worse.

Hit and run is a criminal offense in every state. The specific charge depends on whether anyone was injured. If there was property damage only, it is typically a misdemeanor. If someone was injured, it becomes a felony in most states. Driving with a suspended license is also criminal, though usually a misdemeanor unless you have prior convictions.

The combination of the two charges means you face jail time, fines, a longer license suspension, and a permanent criminal record. Insurance companies will also deny any claim you file for damage to your own vehicle, because you were breaking the law when the crash happened.

Key Takeaways

  • Hit and run and driving with a suspended license are two separate criminal charges that will be prosecuted together.
  • Hit and run is a felony if anyone was injured and a misdemeanor if only property was damaged, but the suspended license charge makes the overall sentence harsher.
  • You will face jail time, criminal fines, a longer license suspension, and a permanent criminal record on top of any civil liability to the other driver.
  • Your insurance will not cover damage to your vehicle because you were driving illegally, and the other driver can sue you personally for their losses.
  • The other driver's insurance company may pursue you for their insured's damages through subrogation, adding financial liability on top of criminal penalties.

How the criminal charges work together

When police investigate a hit and run, they will identify you as the driver. Once they discover your license was suspended, they will file charges for both offenses. The prosecutor will present both to the judge or jury, and you will be convicted or acquitted of each separately — though conviction on one makes conviction on the other more likely.

The suspended license charge is often treated as an aggravating factor that increases the sentence for hit and run itself. A judge may impose consecutive sentences (one after the other) rather than concurrent sentences (served at the same time), meaning you spend more total time in jail. Some states have mandatory minimum sentences for hit and run, especially if injury occurred, and the suspended license status can push you toward the higher end of that range.

The criminal record from both convictions will appear on background checks for employment, housing, and professional licensing. Many employers will not hire someone with a felony hit and run conviction, and landlords often reject applicants with any criminal record.

Jail time and fines you may face

Sentences vary by state and by the facts of the case. For hit and run with property damage only, jail time typically ranges from 30 days to one year in county jail, though some states allow probation instead. Fines range from $500 to $5,000. If someone was injured, jail time jumps to one to five years in state prison, and fines can reach $10,000 or more.

The suspended license charge adds its own penalty. A first offense for driving with a suspended license usually carries 10 to 30 days in jail and fines of $250 to $1,000. If you have prior convictions for the same offense, jail time can extend to six months or a year.

You will also owe restitution to the other driver — money to cover their vehicle repairs, medical bills, lost wages, and pain and suffering. This is separate from criminal fines and can total thousands of dollars. If you cannot pay, the court may order wage garnishment or place a lien on your property.

License suspension and driving privileges after conviction

Your license will be suspended for a longer period than it already was. If your license was suspended for a traffic violation or unpaid fines, the new suspension for hit and run conviction will run consecutive to (after) the original suspension, not at the same time. This means you cannot drive legally for the full length of both suspensions combined.

Most states suspend your license for one to three years for hit and run conviction alone. With a suspended license charge added, the total suspension can reach five years or more. Some states impose a mandatory revocation, which is permanent or requires a formal petition to the court to restore driving privileges.

To regain your license after the suspension period ends, you will need to pay reinstatement fees (typically $100 to $500), provide proof of insurance, and pass a written test. If your original suspension was for unpaid fines or child support, you must resolve those before the DMV will reinstate you. You may also be required to install an ignition interlock device in any vehicle you own, which prevents the engine from starting if it detects alcohol on your breath.

Insurance and civil liability

Your auto insurance will not cover any damage to your vehicle because you were driving illegally. The policy exclusion for illegal activity is standard in every state. If you file a claim, the insurer will deny it and may cancel your policy entirely.

The other driver can sue you in civil court for the full amount of their damages — vehicle repairs, medical bills, lost income, pain and suffering, and sometimes punitive damages (extra money meant to punish you for reckless behavior). Because you left the scene, a court will assume you were at fault, and you will have almost no defense. A judgment against you can be enforced through wage garnishment, bank account levies, or a lien on your home or car.

If the other driver has uninsured or underinsured motorist coverage, their own insurance may pay their damages first, then sue you to recover that money — a process called subrogation. This means you could owe both the other driver and their insurance company.

What happens if you are caught before leaving the scene

If you stop at the scene and provide your name, insurance information, and license, you will still face charges for driving with a suspended license. However, you will not face hit and run charges. The suspended license charge is a misdemeanor, usually punishable by 10 to 30 days in jail and fines of $250 to $1,000. You will still owe the other driver for repairs and injuries, but you avoid the felony charge and the longer prison sentence that comes with leaving the scene.

Stopping at the scene also helps your insurance situation slightly — your insurer may still deny the claim because you were driving illegally, but at least you have not added a criminal hit and run conviction to your record. Some states allow judges to reduce sentences for suspended license driving if you cooperated at the scene and had no prior criminal history.

How to handle a hit and run charge if you are arrested

If you are arrested for hit and run with a suspended license, do not speak to police without a lawyer present. Anything you say can be used against you in both the criminal case and the civil lawsuit. Request a public defender when ready if you cannot afford a private attorney.

Your attorney will review the evidence — police reports, witness statements, vehicle damage, traffic camera footage — to identify weaknesses in the prosecution's case. They may negotiate a plea deal that reduces the charges or sentences. For example, they might argue for a plea to hit and run without the suspended license charge, or for a reduced sentence in exchange for a guilty plea.

If your case goes to trial, your attorney can challenge the evidence that you were the driver, that you knew you hit something, or that you knew your license was suspended. However, if the police have clear evidence — like your vehicle matching the description, your DNA or fingerprints at the scene, or witness identification — conviction is likely.

Frequently Asked Questions

Can I get the hit and run charge dismissed if I turn myself in?

Turning yourself in shows remorse and may lead a judge to reduce your sentence, but it will not get the charge dismissed. You will still be prosecuted for both hit and run and driving with a suspended license. However, cooperating with police and accepting responsibility can result in a lighter sentence than if you are arrested after a manhunt.

Will my insurance cover the other driver's damages even though I was driving illegally?

No. Your policy excludes coverage for damage caused while you were committing a crime. The other driver will have to sue you personally or file a claim with their own insurance, which may then sue you to recover what they paid.

What if the other driver was also at fault for the crash?

Comparative fault does not explore in hit and run cases. By leaving the scene, you are presumed to be fully at fault, regardless of how the crash happened. A court will not reduce your liability based on the other driver's actions.

Can I get my license back before the suspension period ends?

In most states, no. A suspension for hit and run conviction is mandatory and cannot be shortened. You must wait out the full suspension period, then pay reinstatement fees and pass a written test. Some states allow early reinstatement only if you have a hardship (like a medical condition requiring you to drive), and even then it is rare.

Will a hit and run conviction affect my ability to get car insurance in the future?

Yes. Insurance companies will see the conviction on your driving record and either deny you coverage or charge you much higher premiums — sometimes three to five times the normal rate. Some insurers will not cover anyone with a hit and run conviction at all, leaving you with only high-risk insurers that specialize in drivers with serious violations.