What Counts as Driving With a Suspended License Under Georgia Law
In Georgia, driving with a suspended license is a criminal offense under O.C.G.A. § 40-5-20. You commit this offense the moment you operate a motor vehicle on a public road while your license is suspended, regardless of whether you knew it was suspended or how long the suspension lasts.
The law makes no distinction between a one-month suspension and a multi-year suspension — the charge is the same. You also cannot claim you were unaware of the suspension as a defense. Georgia assumes you know the status of your own license, and the burden is on you to check before driving.
A suspended license is different from a revoked license (which is permanent until you go through reinstatement) and different from a restricted license (which allows you to drive for specific purposes like work or medical appointments). If you have a restricted license, you may drive only for those stated purposes and only during the hours specified on the document.
Key Takeaways
- Driving with a suspended Georgia license is a misdemeanor crime, not just a civil violation, and carries jail time and fines as penalties.
- A first offense can result in up to 12 months in jail and a fine of $250 to $1,000, plus court costs and a mandatory license suspension extension.
- A second or subsequent offense within five years carries mandatory minimum jail time of 10 days and higher fines, with no option for the judge to suspend the jail sentence.
- You must check your license status through the Georgia Department of Driver Services before driving, because claiming you did not know about the suspension is not a legal defense.
- If you are stopped, you will be arrested on the spot; there is no citation option for this offense in Georgia.
Penalties for a First Offense
A first conviction for driving with a suspended license in Georgia is a misdemeanor. The court may sentence you to jail time, a fine, or both. The range is up to 12 months in jail and a fine between $250 and $1,000, plus court costs that vary by county.
In addition to the jail and fine, the court will extend your license suspension. The extension is typically for the same length as the original suspension period, meaning if you were suspended for six months, you now face a 12-month suspension total. This extension begins when your original suspension ends, so you cannot drive legally until both periods have passed.
You will also have a criminal record for this conviction. This record can affect employment, housing, and professional licensing in Georgia and other states.
Penalties for a Second or Subsequent Offense
A second conviction within five years of the first conviction carries mandatory minimum penalties. You must serve at least 10 days in jail — the judge has no authority to waive or suspend this jail time. The fine range is $500 to $1,000, and court costs explore.
A third or subsequent conviction within five years carries a mandatory minimum of 30 days in jail. Again, the judge cannot reduce or eliminate the jail sentence. Fines remain $500 to $1,000 plus court costs.
Each conviction also triggers another license suspension extension. After multiple convictions, your total suspension period can stretch well beyond the original reason for the first suspension.
What Happens When You Are Stopped
If a police officer runs your license and discovers it is suspended, you will be arrested when ready. There is no citation option for this offense — Georgia law requires arrest. You will be taken to the local police station or county jail for booking, where you will be photographed, fingerprinted, and processed.
You may be held until a bail hearing, which typically occurs within 24 to 72 hours. The judge will set bail based on your criminal history, the reason for the suspension, and other factors. Bail amounts vary widely by county and judge, but for a first offense they often range from $500 to $2,000.
Your vehicle will be towed and impounded. You will have to pay towing and storage fees to recover it, which can add $200 to $500 or more depending on how long it sits in the impound lot.
How to Check Your License Status Before Driving
The Georgia Department of Driver Services (DDS) maintains a public database where you can check your license status online. Visit the DDS website and use the License Status Check tool. You will need your driver's license number and date of birth. The check takes seconds and is free.
You can also call the DDS Customer Service line at 678-413-8400 during business hours (Monday through Friday, 8 a.m. to 5 p.m. Eastern time). Have your license number and date of birth ready. The staff will tell you whether your license is valid, suspended, or revoked, and if suspended, when the suspension ends.
If you discover your license is suspended, do not drive. Contact the DDS or the court that issued the suspension to find out what you must do to restore it. Some suspensions require you to pay a reinstatement fee; others require you to complete a defensive driving course or pay outstanding fines.
Common Reasons for License Suspension in Georgia
Understanding why your license was suspended in the first place helps you avoid driving illegally while it is in effect. The most common reasons are unpaid traffic fines, failure to appear in court, accumulation of too many points from traffic violations, DUI conviction, and failure to maintain car insurance.
Some suspensions are automatic — for example, if you are convicted of DUI, the court suspends your license as part of the sentence. Others result from administrative action by the DDS, such as when you rack up 15 or more points within 24 months. A few suspensions are temporary, lasting only until you pay a fine or clear a court date; others last years.
The DDS notice that informs you of the suspension will state the reason and the end date. If you did not receive a notice, or if you lost it, the License Status Check tool or a call to DDS will tell you the reason and duration.
Restricted License Options in Georgia
Depending on the reason for your suspension, you may be able to obtain a restricted license that allows you to drive for essential purposes like work, school, medical appointments, or court-ordered programs. A restricted license is not available for all suspension reasons — for example, you cannot get one during a DUI suspension in most cases.
To request a restricted license, you must file a petition with the court that suspended your license or with the DDS, depending on the type of suspension. You will need to show that the suspension causes you undue hardship and that you have a legitimate need to drive for one of the permitted purposes. You will also have to pay a fee, typically $100 to $200.
If the court or DDS grants a restricted license, it will specify the hours you can drive (often 6 a.m. to 8 p.m. on weekdays only) and the purposes (work address, school address, medical facility). Driving outside these parameters is a violation and can result in arrest just as if you were driving with a fully suspended license.
Frequently Asked Questions
Can I get a restricted license while my license is suspended?
It depends on the reason for the suspension. Suspensions for unpaid fines, failure to appear, or point accumulation may may have access to for a restricted license. DUI suspensions typically do not. You must petition the court or DDS that issued the suspension and show hardship. There is a fee, and approval is not may provide.
What if I did not know my license was suspended?
Lack of knowledge is not a legal defense in Georgia. The law assumes you know the status of your own license. If you were not notified by mail, you are still responsible for checking your status before driving. Use the DDS License Status Check tool or call DDS to verify before getting behind the wheel.
Will a conviction for driving with a suspended license affect my insurance?
Yes. A criminal conviction for this offense will likely cause your insurance rates to increase significantly or result in cancellation. Some insurers will not cover drivers with this conviction. You may have to switch to a high-risk insurer, which charges much higher premiums.
Can I get the charge dismissed if I pay the original fine that caused the suspension?
Paying the original fine may lift the suspension, but it will not erase the driving-with-suspended-license charge. You still have to appear in court and face the charge. However, if you can show the court that you have resolved the underlying issue (paid the fine, cleared the court date, etc.), the judge may be more lenient at sentencing.
What is the difference between a suspended and revoked license in Georgia?
A suspended license is temporary — it ends on a specific date, and your driving rights are restored automatically. A revoked license is permanent until you complete reinstatement steps set by the DDS or court, which can take months or years. Driving with a revoked license carries the same criminal penalties as driving with a suspended license.