The when ready consequences of driving on a suspended license
If you are pulled over while your license is suspended, the officer will run your license through the state database and see the suspension status when ready. You will be cited for driving with a suspended license, which is a separate criminal or traffic offense from whatever caused the suspension in the first place. The officer may impound your vehicle on the spot, depending on your state's laws and whether this is a first or repeat offense.
You will receive a ticket or citation with a court date. The fine for driving suspended ranges from $100 to $1,000 or more depending on your state and the reason for the suspension. Some states treat it as a misdemeanor if the suspension was for a serious reason like a DUI conviction or multiple unpaid traffic tickets. A misdemeanor conviction can result in jail time, typically a few days to several months.
Your vehicle may be towed and stored at an impound lot. You will have to pay towing fees (usually $150 to $300) and daily storage fees (typically $25 to $75 per day) to get it back. These fees add up quickly, especially if you cannot retrieve the car when ready.
Key Takeaways
- Driving on a suspended license results in a separate citation and fine, even if you were not speeding or breaking any other traffic law.
- Your vehicle can be impounded when ready, and you will owe towing and storage fees on top of the citation fine.
- A second or third offense for driving suspended may be charged as a misdemeanor, which can include jail time and a permanent criminal record.
- The suspension period extends or a new suspension is added when you are convicted of driving suspended, making it harder to get your license back.
- You must resolve the original reason for the suspension before you can restore your license, even after paying the new citation.
How the citation affects your license status
Being cited for driving suspended does not when ready end the suspension. The suspension remains in effect until you complete whatever steps your state requires to lift it — paying fines, completing a DUI program, paying child support arrears, or whatever the original cause was.
However, the new citation for driving suspended often triggers an additional penalty. Many states add extra time to your suspension or impose a new suspension on top of the existing one. Some states also add points to your driving record, which can affect your insurance rates even after your license is restored. A few states treat repeat driving-suspended offenses as felonies, which carries much steeper consequences.
If you were driving suspended because of unpaid traffic fines or court costs, the new citation and fine make that debt larger. If you were driving suspended because of a DUI suspension, the new offense may be used against you if you face additional DUI charges in the future.
What happens at the traffic stop itself
When the officer discovers your suspension, they will ask for your proof of insurance and vehicle registration. They will likely ask why you were driving and whether you knew your license was suspended. You have the right to remain silent beyond providing your name, address, and license information. Anything you say can be used against you in court, so it is wise to say only that you do not wish to answer questions without a lawyer present.
The officer will write the citation and may ask you to sign it. Signing the citation is not an admission of guilt — it is a promise to appear in court or pay the fine by the important date on the ticket. If you refuse to sign, the officer may arrest you on the spot in some states.
If your vehicle is impounded, the officer will give you a tow notice with the impound lot's location and phone number. You will need to bring proof of ownership and a valid ID to retrieve it. Some impound lots require you to show proof that your license has been restored before they will release the vehicle, though this varies by state and lot.
Jail time and criminal charges
Whether you face jail time depends on the reason for the suspension and how many times you have been caught driving suspended. A first offense for driving on a suspended license is usually a traffic misdemeanor with no jail time, though some states do impose a few days in jail. Fines are more common for first offenses.
A second or third offense within a certain period (often five to ten years) is more likely to result in jail time. Repeat offenders may face 10 days to 6 months in jail, depending on the state. If your suspension was for a DUI-related reason, the penalties are typically harsher than if it was for unpaid fines or a medical suspension.
If your suspension was for refusing a breathalyzer test or for a DUI conviction, driving suspended is treated more seriously. Some states classify this as a felony on the third or subsequent offense, which means a permanent criminal record and potential prison time.
How to handle the citation in court
You will receive a court date on your citation. You can appear in person, by phone, or by mail depending on your state and the court's rules. Some courts allow you to pay the fine without appearing if you straightforward want to plead guilty and accept the penalty.
If you want to contest the citation, you can request a hearing. At the hearing, the officer must prove that your license was actually suspended at the time of the stop. If the officer does not appear or cannot prove the suspension, the citation may be dismissed. However, this does not restore your license — it only removes the driving-suspended charge.
If you plead guilty or are found guilty, you will be ordered to pay the fine and court costs. You may also be ordered to complete a defensive driving course, though this is less common for driving-suspended charges than for speeding or reckless driving. The court may also impose probation, meaning you must avoid any traffic violations for a set period or face additional penalties.
Getting your vehicle back from impound
To retrieve your impounded vehicle, you will need to contact the impound lot and pay all towing and storage fees. The lot will not release the car until the fees are paid in full. Some lots accept payment by phone or online, while others require you to pay in person.
You will also need to show proof of ownership (title or registration) and a valid ID. Some impound lots require proof that your license has been restored before releasing the vehicle, though this is not universal. Call the lot before you go to find out what documents they need.
If you cannot afford the impound fees, some lots offer payment plans. A few states have laws allowing you to recover the vehicle temporarily to drive it to a repair shop or to sell it, even if you cannot pay the full fee when ready. Contact your state's Department of Motor Vehicles or the impound lot directly to learn what options exist in your area.
Steps to restore your license after a driving-suspended conviction
Restoring your license after being convicted of driving suspended requires you to first resolve the original reason for the suspension. If the suspension was for unpaid fines, you must pay them. If it was for a failed medical exam, you must pass a new exam. If it was for a DUI, you must complete the required program and waiting period.
Once the original suspension is lifted, you can then address any additional suspension or penalty imposed because of the driving-suspended conviction. This may require paying an additional fine, completing a defensive driving course, or waiting out an extended suspension period. Your state's DMV website will show you the exact steps and fees required.
You will need to pay a license reinstatement fee to restore your license, which typically ranges from $50 to $200 depending on your state. Some states also require you to pass a written test or vision test before reinstatement. After you complete all requirements and pay all fees, you can renew or restore your license in person at your local DMV office.
How a driving-suspended conviction affects insurance
Insurance companies view a driving-suspended conviction as a serious violation. After a conviction, your insurance rates will increase significantly — often by 50% to 100% or more. Some insurers will not renew your policy at all and will cancel your coverage.
If you are dropped by your insurer, you will need to find a high-risk insurance company that specializes in drivers with violations. These companies charge much higher premiums than standard insurers. You may also be required to file an SR22 form (or SR50 in a few states), which is a certificate of financial responsibility that proves you have insurance. Your insurer files this form with your state's DMV on your behalf.
The driving-suspended conviction will remain on your driving record for three to seven years depending on your state. During that time, every insurance quote you receive will reflect the violation. After the conviction falls off your record, you can shop for standard insurance rates again, though some insurers may still see the violation in your history.
Frequently Asked Questions
Can I get the citation dismissed if I did not know my license was suspended?
Not knowing your license was suspended is not a legal defense in most states. The law assumes you are responsible for knowing your license status. However, if you can prove the suspension was issued in error or that you were never notified, you may have grounds to contest it. Bring documentation to court showing you attempted to resolve the suspension or that you received no notice.
What if I was driving someone else's car when I got pulled over?
You will still be cited for driving with a suspended license. The owner of the vehicle may also face charges for allowing a suspended driver to operate the car, depending on your state's laws. The vehicle may still be impounded. Your suspension status is tied to you as a person, not to the vehicle you are driving.
Do I have to go to jail for a first driving-suspended offense?
Jail time is not automatic for a first offense in most states, but it is possible. The judge has discretion and may impose jail time, fines, or both. If your suspension was for a serious reason like a DUI, jail time is more likely. If it was for unpaid parking tickets, jail time is less likely but still possible.
Will a driving-suspended conviction show up on a background check?
Yes, if it is charged as a misdemeanor. A misdemeanor conviction will appear on background checks for employment, housing, and loans. If it is charged as a traffic violation rather than a misdemeanor, it may not appear on criminal background checks but will always appear on driving record checks.
Can I get my license back before my court date?
No. Your license remains suspended until you complete the steps required by your state to lift the suspension. Being cited for driving suspended does not change this. You must resolve the original reason for the suspension first, then address any additional penalties from the new citation, then pay reinstatement fees and complete any required tests.