You face criminal charges, jail time, and a longer suspension
Driving on a suspended license is a crime in every state. If you're stopped and the officer discovers your license is suspended, you will be arrested — not just ticketed. You'll be taken to the police station for booking, and you'll face criminal charges that can result in jail time, fines, and a court appearance. The exact penalties depend on whether this is your first offense, why your license was suspended in the first place, and your state's laws.
The arrest itself creates when ready problems. Your car may be impounded, which costs money to retrieve. You'll need to post bail or bond to get out of custody, and you'll have a criminal record from the arrest even if charges are later reduced or dismissed. Most importantly, the suspension on your license gets extended — sometimes by months or years — which means you cannot legally drive even after you resolve the criminal case.
Key Takeaways
- Driving on a suspended license is a criminal offense that results in arrest, not just a traffic ticket, and you will be taken into custody.
- You face jail time (usually 5 to 90 days for a first offense, longer for repeat offenses), fines ranging from $300 to $1,000 or more, and a permanent criminal record.
- Your vehicle will likely be impounded, and you'll need to pay towing and storage fees to retrieve it, separate from any court fines.
- Your license suspension is automatically extended by your state's DMV as a penalty for the arrest, adding months or years to the original suspension period.
- You cannot legally drive again until you pay all fines, serve any jail sentence, and the extended suspension period ends.
What happens at arrest and booking
When a police officer runs your license during a traffic stop and discovers it is suspended, the stop becomes an arrest. You will not be given a ticket and sent on your way. The officer will handcuff you, read you your rights, and transport you to the police station or county jail for booking.
During booking, your personal information is recorded, your fingerprints and photograph are taken, and you are searched. A record of the arrest is created and becomes part of the public criminal record. You will be held in a holding cell until you can see a judge or until bail is posted. The booking process typically takes two to four hours, though it can be longer if the facility is busy.
Your vehicle will be towed and impounded unless someone with a valid license can legally drive it away from the scene. Impound fees vary by location but typically range from $150 to $300 for the tow, plus $25 to $50 per day for storage. These fees are separate from any court fines and must be paid to retrieve your car.
Criminal charges and court penalties
Driving on a suspended license is charged as a misdemeanor in most states. The specific charge may be called "driving with a suspended license," "DWLS," or "operating with a suspended license," depending on your state. Misdemeanor charges are less serious than felonies but still result in a criminal record.
Penalties for a first offense typically include jail time of 5 to 90 days, fines of $300 to $1,000, or both. If your license was suspended for unpaid traffic tickets or child support, courts often require you to pay those underlying debts as part of sentencing. If your license was suspended for a DUI or reckless driving conviction, penalties are usually harsher — up to six months in jail and fines of $1,000 or more.
Repeat offenses carry much steeper penalties. A second offense within five to ten years may result in 30 days to six months in jail and fines of $500 to $2,000. A third or subsequent offense can result in felony charges in some states, which means potential prison time and permanent loss of certain rights.
You will be required to appear in court. If you cannot afford an attorney, you can request a public defender at your first appearance. The court will set a trial date or offer a plea deal. Many people plead guilty or no contest to avoid trial, which usually results in a reduced sentence but still includes jail time and fines.
How your license suspension gets extended
When you are arrested for driving on a suspended license, your state's Department of Motor Vehicles automatically extends the suspension as an additional penalty. This extension is separate from the original reason your license was suspended and separate from any court sentence.
The length of the extension varies by state but typically ranges from six months to two years. Some states add a flat extension period (for example, one year) to all DWLS arrests. Others base the extension on your driving history — more prior offenses mean a longer extension. A few states make the extension discretionary, meaning the judge can decide how long it lasts.
You cannot request early reinstatement or a hardship license during this extension period in most states. You must wait out the full suspension period, pay all fines and court costs, and sometimes complete a defensive driving course or substance abuse program before you can even explore to have your license reinstated.
Bail, bond, and getting out of custody
After booking, you will be held until you can post bail or bond. The judge sets the bail amount at your first appearance, usually within 24 hours of arrest. For a first-time DWLS offense with no other charges, bail is often $500 to $2,000, though it can be higher if you have prior criminal history or if the arrest involved an accident.
You have three options to get out: pay the full bail amount in cash to the court, use a bail bondsman (who charges a non-refundable fee of 10 to 15 percent of the bail amount), or request release on your own recognizance (ROR), meaning the judge releases you without bail based on your promise to return for court. ROR is more common for first-time offenders with stable employment and ties to the community.
If you cannot afford bail and are not released on ROR, you will remain in custody until your trial or plea hearing. This can mean days or weeks in jail, which affects your job, family, and housing.
The criminal record and long-term consequences
An arrest for driving on a suspended license creates a permanent criminal record, even if charges are later dismissed or reduced. This record appears on background checks for employment, housing, professional licenses, and loans. Many employers, landlords, and licensing boards view any driving-related crime as a sign of poor judgment or unreliability.
A criminal conviction (as opposed to a dismissed charge) makes the record even more damaging. You may be denied jobs, housing, or professional licenses because of it. Some states allow you to petition for expungement — removal of the record — but only after a waiting period (usually three to five years) and only if you meet certain conditions, such as having no other convictions during that time.
Insurance companies also see the arrest and conviction. Your car insurance rates will increase significantly, sometimes doubling or tripling. Some insurers will not renew your policy at all, forcing you to seek high-risk insurance, which is much more expensive. This higher cost can last for three to five years after the conviction.
How to avoid arrest and what to do if you're stopped
The only way to avoid arrest is to not drive while your license is suspended. If you need to drive, you must first resolve the reason for the suspension. This might mean paying traffic fines, paying child support arrears, completing a DUI program, or paying reinstatement fees to the DMV.
If you are stopped by police and your license is suspended, do not lie or try to leave. Provide your license and registration, be polite, and do not resist. You will be arrested, but cooperating does not make it worse and may help later if you need to negotiate with the prosecutor.
If you are arrested, exercise your right to remain silent and ask for an attorney before answering questions. Do not explain why you were driving or make excuses — anything you say can be used against you in court. Contact a criminal defense attorney as soon as possible. Many offer free consultations and can advise you on whether to plead guilty, negotiate a plea deal, or go to trial.
Frequently Asked Questions
Can I get a hardship license while I'm facing DWLS charges?
Most states do not allow hardship licenses during a suspension caused by arrest for DWLS. You must wait until the criminal case is resolved and any extended suspension period ends. Some states may allow a hardship license for the original suspension reason (like unpaid tickets) if you resolve that issue, but the arrest itself typically blocks this option.
What if I didn't know my license was suspended?
"I didn't know" is not a legal defense to DWLS charges. You are responsible for knowing the status of your license. However, if you can show you made a good-faith effort to find out (such as contacting the DMV), an attorney may be able to negotiate a reduced charge or sentence with the prosecutor.
Will I go to jail for a first offense?
Jail time is possible for a first offense, but not may provide. Many first-time offenders receive probation, fines, and community service instead of jail. The outcome depends on the judge, the reason for the suspension, your criminal history, and whether you have an attorney. A public defender or private attorney can often negotiate a sentence that avoids jail.
How long does a DWLS arrest stay on my record?
A DWLS arrest is permanent unless you petition for expungement. Most states require you to wait three to five years after conviction before you can petition, and expungement is not may provide. During that waiting period, the arrest will appear on background checks.
Can I drive for work if my license is suspended?
No. A suspended license means you cannot legally drive for any reason — not for work, not for emergencies, not for medical appointments. Some states offer restricted or hardship licenses for specific purposes like work or school, but you must explore before your license is suspended, and an arrest for DWLS usually disqualifies you from getting one.