Driving on a suspended license in Michigan is a criminal offense with serious consequences
If your Michigan license is suspended and you drive anyway, you are breaking the law. The state treats this as a criminal misdemeanor, not a traffic ticket. A conviction can result in jail time, fines, a longer suspension, and a permanent criminal record. The penalties depend on how many times you have been caught driving suspended and whether the suspension was for a serious reason like a DUI or unpaid child support.
The moment a police officer stops you and discovers your license is suspended, the interaction becomes a criminal matter. You can be arrested on the spot. Even if you are not arrested when ready, you will receive a citation to appear in court. The court will decide whether you are guilty and what your punishment will be.
Understanding what the law says, what the penalties are, and what your options are if you are caught can help you make safer decisions and know what to expect if you face charges.
Key Takeaways
- Driving with a suspended license in Michigan is a misdemeanor crime, not a civil violation, and can result in jail time and fines.
- First-time offenders typically face up to 90 days in jail and fines up to $500, but penalties increase significantly for repeat offenses.
- A conviction adds a permanent criminal record to your background, which can affect employment, housing, and other opportunities.
- If your license was suspended for unpaid fines or child support, you may be able to resolve the underlying issue to have the suspension lifted before facing criminal charges.
- Driving suspended while your license is revoked for a DUI or serious violation carries harsher penalties than driving suspended for other reasons.
Criminal penalties for a first offense
If you are caught driving on a suspended license for the first time in Michigan, you face misdemeanor charges under Michigan Compiled Law 257.904. A first conviction can result in up to 90 days in jail, a fine of up to $500, or both. You will also receive additional points on your driving record, which can lead to further license penalties.
The court has discretion in sentencing, meaning the judge can impose anywhere from zero jail days to the full 90 days, and anywhere from zero dollars to the full $500 fine. Factors the judge considers include why your license was suspended, how long you drove, and your driving history. If you have a clean record otherwise and the suspension was for a minor reason, you may receive a lighter sentence. If you have prior convictions or the suspension was for a serious reason, the judge is more likely to impose the maximum penalty.
You will also be responsible for court costs and fees, which can add several hundred dollars to the total cost of the conviction.
Penalties for repeat offenses and serious suspensions
If you have been convicted of driving suspended before, the penalties increase substantially. A second offense within seven years carries up to 180 days in jail and fines up to $1,000. A third or subsequent offense within seven years can result in up to one year in jail and fines up to $2,000.
The reason for your suspension also affects the severity of the charge. If your license was suspended because of a DUI conviction, reckless driving, or accumulation of too many points, driving suspended is treated more harshly than if it was suspended for an unpaid fine. Suspensions related to serious traffic violations or substance abuse carry criminal penalties that are closer to the maximum end of the range.
If your suspension was for unpaid child support or unpaid court fines, the offense is still criminal, but the court may be more willing to work with you if you can show you are making efforts to pay what you owe.
What a criminal record means for your future
A conviction for driving suspended stays on your criminal record permanently in Michigan. This record is public and can be seen by employers, landlords, lenders, and others who conduct background checks. Many employers will not hire someone with a misdemeanor conviction, especially if the job involves driving or handling money. Landlords may refuse to rent to you. Some professional licenses and certifications can be denied or revoked based on a criminal conviction.
A criminal record can also affect your ability to obtain loans, credit cards, and housing. Some states will not allow you to cross their borders if you have certain criminal convictions. If you are not a U.S. citizen, a criminal conviction can affect your immigration status.
Even after you have served your sentence and paid your fines, the conviction remains on your record. You cannot remove it through expungement in Michigan unless you meet very specific conditions, and driving suspended does not typically may have access to.
How to tell if your license is actually suspended
Before you drive, you should know whether your license is suspended. You can check your license status through the Michigan Secretary of State website or by calling the Driver Records Section at 517-322-1624. You can also visit a Secretary of State office in person and ask them to check your status.
If you receive a notice in the mail saying your license has been suspended, read it carefully. The notice will tell you the reason for the suspension and the date it takes effect. Some suspensions are automatic — for example, if you accumulate too many points or fail to pay a traffic fine by the due date. Others require a court hearing or action by the Secretary of State.
Do not assume your license is still valid just because you have not received a notice. The Secretary of State's records are the official source of truth. If you are unsure, check before you drive.
Options if your license is suspended for fines or fees
If your license was suspended because you did not pay a traffic fine, court costs, or other fees, you may be able to have the suspension lifted by paying what you owe. Contact the court that issued the fine or the Secretary of State to find out the exact amount and where to send payment. Once payment is received and processed, the suspension is usually lifted within a few business days.
If you cannot afford to pay the full amount at once, some courts will work out a payment plan with you. Call the court and explain your situation. The judge or court clerk may allow you to pay in installments. While you are working on a payment plan, your license remains suspended, so you should not drive.
If your suspension is for unpaid child support, contact the Michigan Department of Health and Human Services or the Friend of the Court office in your county. They can tell you the amount owed and may be able to set up a payment plan. Paying what you owe will lift the suspension.
What to do if you are stopped by police
If a police officer stops you and your license is suspended, be honest and calm. Tell the officer your license is suspended. Do not try to hide it or claim you did not know — the officer will discover the truth when they run your information through the system, and lying to police can result in additional charges.
You have the right to remain silent beyond providing your name, address, and license information. You do not have to answer questions about why you were driving or where you were going. You can say, "I would like to speak to a lawyer before answering questions."
The officer may arrest you on the spot or issue you a citation to appear in court. Either way, you will face criminal charges. Do not drive away or resist arrest. Contact a lawyer as soon as possible after your arrest or after you receive your citation.
Finding legal help in Michigan
If you have been charged with driving suspended, you have the right to a lawyer. If you cannot afford one, you can request a public defender at your first court appearance. The judge will ask about your income and assets to determine whether you may have access to for a public defender.
A lawyer can review the circumstances of your stop, challenge the evidence against you, negotiate with the prosecutor, or represent you at trial. In some cases, a lawyer may be able to get charges reduced or dismissed. Even if you are convicted, a lawyer can argue for a lighter sentence.
You can find a lawyer through the State Bar of Michigan's Lawyer Referral Service or through legal aid organizations in your county. Many lawyers offer free initial consultations, so you can discuss your case before deciding whether to hire them.
Frequently Asked Questions
Can I get a hardship license while my license is suspended?
Michigan does not issue hardship licenses or restricted licenses for most suspensions. However, if your license was suspended for unpaid child support or certain other reasons, you may be able to request a hearing with the Secretary of State to ask for a restricted license that allows you to drive to work or school. You must show that not being able to drive would cause serious hardship. Contact the Secretary of State to learn about you are may be able to access.
What if I did not know my license was suspended?
Lack of knowledge is not a legal defense in Michigan. If your license was suspended, you are responsible for knowing it, even if you did not receive notice. The law assumes you know the status of your license. However, if you can show that you made a reasonable effort to check your status and the Secretary of State's records were incorrect, you may have grounds to challenge the charge in court.
Will a conviction for driving suspended affect my car insurance?
Yes. A conviction for driving suspended is a serious violation and will cause your insurance rates to increase significantly. Some insurance companies may cancel your policy or refuse to renew it. You may have to purchase insurance through a high-risk provider at much higher cost. The conviction will stay on your driving record for years.
Can I get the conviction removed from my record?
Expungement of criminal records in Michigan is very limited. Driving suspended convictions are generally not may be able to access for expungement. The conviction will remain on your record permanently. However, you can speak with a lawyer about whether your specific case might may have access to for any relief under Michigan law.
What if the officer made a mistake and my license was not actually suspended?
If you can prove that your license was valid at the time you were stopped, you have a strong defense. Request your driving record from the Secretary of State and bring it to court. If the record shows your license was valid, the charge should be dismissed. Your lawyer can help you obtain and present this evidence.