Driving on a suspended license in Michigan is a criminal offense with penalties that increase based on how many times you have done it
If your Michigan license is suspended and you drive anyway, you are breaking the law. The state treats this as a misdemeanor crime, not just a traffic violation. The penalties depend on whether this is your first offense, a second offense within seven years, or a third or subsequent offense within seven years. Each tier carries different fines, jail time, and license consequences.
The suspension itself does not disappear if you ignore it. Driving while suspended adds a new criminal charge on top of the original reason your license was suspended in the first place. This means you will have two separate legal problems to resolve before you can legally drive again.
Key Takeaways
- A first offense for driving on a suspended license in Michigan carries a fine of $200 to $500 and up to 93 days in jail.
- A second offense within seven years increases the fine to $500 to $1,000 and jail time up to one year.
- A third or subsequent offense within seven years is a felony with a fine up to $2,500 and up to two years in prison.
- You must resolve the original reason for suspension and pay any reinstatement fees before your license can be restored.
- Driving on a suspended license creates a criminal record that affects employment, housing, and insurance rates.
First, second, and subsequent offense penalties
First offense: A fine between $200 and $500, and up to 93 days in jail. The court may also order you to perform community service. Your license remains suspended during this time.
Second offense within seven years: A fine between $500 and $1,000, and up to one year in jail. The court has discretion to impose either or both penalties. A second offense is still a misdemeanor, but the consequences are substantially harsher.
Third or subsequent offense within seven years: This becomes a felony. The fine can reach $2,500, and you can be sentenced to up to two years in prison. A felony conviction has long-term consequences for employment, housing, and professional licensing.
The "within seven years" window means that if you were convicted of driving on a suspended license in 2017, a new offense in 2024 would still count as a second offense. However, an offense in 2025 would reset the clock and count as a first offense.
What you must do to restore your license
straightforward serving your jail time or paying your fine does not restore your license. You must address the original reason the suspension was issued. If your suspension was for unpaid traffic fines, you must pay them. If it was for failing a drug test or refusing a breath test, you may need to complete a substance abuse program. If it was for accumulating too many points, you must wait out the suspension period.
Once the underlying reason is resolved, you must pay a reinstatement fee to the Michigan Secretary of State. This fee varies depending on the reason for suspension but typically ranges from $100 to $300. You can pay this fee online, by mail, or in person at a Secretary of State office.
After you pay the reinstatement fee, your license is restored. However, if you were convicted of driving on a suspended license, that conviction remains on your driving record and your criminal record permanently.
How a driving-on-suspended conviction affects insurance and employment
Insurance companies view a conviction for driving on a suspended license as a serious violation. Your rates will increase substantially, sometimes doubling or tripling. Some insurers will not cover you at all and will cancel your policy. You may be forced to use high-risk insurance, which costs significantly more than standard coverage.
Employers, especially those hiring for positions that involve driving or require a clean background check, will see this conviction. It can disqualify you from jobs in transportation, delivery, rideshare, commercial driving, and many government positions. Even jobs that do not directly involve driving may reject you based on the criminal record.
Housing applications often include background checks. A misdemeanor or felony conviction can result in a rental denial. The longer ago the conviction occurred, the less weight it carries, but it does not disappear from your record.
The difference between a suspended and revoked license in Michigan
A suspended license is temporary. Once you resolve the underlying issue and pay the reinstatement fee, you get your license back. A revoked license is permanent or long-term. You cannot straightforward pay a fee and restore it. You must wait a set period (often one to five years) and then reapply for a license, which may include retesting.
Driving on a revoked license carries even harsher penalties than driving on a suspended license. If your license was revoked and you drove anyway, you face a misdemeanor with a fine up to $500 and up to one year in jail for a first offense. A second offense becomes a felony.
If you are unsure whether your license is suspended or revoked, you can check your status on the Michigan Secretary of State website or call their customer service line.
What to do if you are stopped while driving on a suspended license
If a police officer stops you and your license is suspended, be honest about it. Lying to an officer creates additional charges. Provide your identification and explain that you were unaware of the suspension or that you were driving to resolve the suspension issue (though this does not prevent the charge).
You will receive a citation or be arrested depending on the circumstances and whether this is a repeat offense. Do not resist or argue at the roadside. You have the right to speak with an attorney before answering detailed questions.
After the stop, contact a Michigan criminal defense attorney as soon as possible. Driving on a suspended license is a criminal matter, not a civil traffic issue, and having legal representation significantly affects the outcome. An attorney can sometimes negotiate a reduction in charges or penalties, especially for a first offense.
How to check your license status before driving
Before you get behind the wheel, verify that your license is valid. You can check your Michigan driving record online through the Secretary of State website. You will need your driver's license number and date of birth. The check is free and takes less than a minute.
You can also call the Secretary of State customer service line at 1-888-767-6424. They can tell you when ready whether your license is suspended, revoked, or valid. If you have received a notice of suspension in the mail, do not ignore it. Act on it right away to understand what you need to do to restore your license.
If you know your license is suspended but you need to drive for work or medical reasons, you may be able to request a restricted license or occupational license from the court. This is not automatic and requires a court petition, but it allows limited driving for essential purposes while your suspension is in effect.
Frequently Asked Questions
Can I get a restricted license while my license is suspended?
Yes, you can petition the court for a restricted or occupational license. This allows you to drive to work, school, medical appointments, or court-ordered programs. You must file a petition with the district court in the county where you live and show that the restriction is necessary. The court decides whether to grant it.
Does a conviction for driving on a suspended license show up on background checks?
Yes. It is a criminal conviction and appears on both your driving record and your criminal background check. Employers, landlords, and insurance companies can see it. It does not disappear after a set time, though its impact may lessen as years pass.
What if I did not know my license was suspended?
Lack of knowledge is not a legal defense in Michigan. The state assumes you received the notice of suspension by mail. If you did not receive it, you should have checked your status before driving. However, if you can show the notice was never delivered, an attorney may be able to challenge the case.
How long does a driving-on-suspended conviction stay on my record?
A misdemeanor conviction stays on your criminal record permanently in Michigan. It does not get expunged automatically. However, you may be able to petition for expungement after a certain period, depending on the specific circumstances and whether you have other convictions.
Will my insurance cover an accident if I was driving on a suspended license?
Most insurance policies exclude coverage for accidents that occur while you are driving illegally. Your insurer may deny your claim entirely, leaving you personally liable for all damages. This is one of the most serious financial consequences of driving while suspended.