A criminally suspended license means the state has taken away your driving privilege because of a criminal conviction, not a traffic violation
When you are convicted of certain crimes—usually those involving drugs, violence, or serious driving offenses—the court or the Department of Motor Vehicles can suspend your license as part of your sentence or as a separate administrative action. This is different from a suspension for unpaid tickets or too many traffic points. A criminal suspension is tied directly to the crime itself, and you cannot drive legally until the suspension ends and you take steps to restore your license.
The crimes that trigger a criminal suspension vary by state, but they commonly include drug convictions, DUI (driving under the influence), vehicular assault, hit-and-run, driving with a suspended license, and crimes involving a vehicle. Some states also suspend licenses for non-driving crimes if the court decides it is part of your sentence. The length of the suspension depends on the crime, your record, and state law.
Key Takeaways
- A criminal suspension is ordered by a court or the DMV because of a criminal conviction, not traffic violations or unpaid fines.
- Common crimes that trigger suspension include DUI, drug convictions, vehicular assault, and driving with a suspended license.
- The suspension period is set by the court or state law and cannot be shortened by paying a fine or attending traffic school.
- To restore your license after a criminal suspension, you must wait out the suspension period and then follow your state's reinstatement process, which often includes an SR-22 form, fees, and sometimes a new written or road test.
How a criminal suspension differs from other types of suspensions
A suspension for unpaid traffic tickets, too many points, or a lapsed registration is administrative—the DMV suspends your license to enforce a rule or collect money. A criminal suspension is punitive: it is part of your criminal sentence. This means you cannot straightforward pay a fine or wait out a short period to get back on the road.
Criminal suspensions are also harder to challenge or shorten. If you were suspended for too many speeding tickets, you might be able to attend a defensive driving course or petition for early reinstatement. With a criminal suspension, the court has already decided the length as part of your sentence, and the DMV enforces it. You must serve the full suspension period before you can even begin the reinstatement process.
Common crimes that result in license suspension
DUI is the most common reason for a criminal suspension. A first DUI conviction typically results in a suspension of three months to one year, depending on the state. A second or third DUI within a certain period (usually 5 to 10 years) can mean a suspension of one to five years or longer.
Drug convictions also trigger suspensions in many states, even if the crime had nothing to do with driving. Some states have a mandatory license suspension for any felony drug conviction. Hit-and-run, vehicular assault, and driving with a suspended or revoked license are other common triggers. A few states also suspend licenses for crimes like reckless driving, street racing, or fleeing from police.
The specific crimes and suspension lengths vary significantly by state. Some states are stricter than others, and some tie the suspension length to whether it was a first offense or a repeat conviction. Check your state's DMV website or criminal code to see which crimes carry a suspension in your state.
How long a criminal suspension lasts
The suspension period is set by state law or by the court as part of your sentence. For a first DUI, suspensions typically range from three months to one year. For a second DUI within five to ten years, the suspension is often one to three years. A third or subsequent DUI can mean a suspension of three to ten years or even permanent revocation.
Other crimes have their own timelines. A drug conviction might carry a six-month to two-year suspension. Vehicular assault or hit-and-run might result in a one- to five-year suspension. Some states have mandatory minimums set in law; others give judges discretion to set the length within a range.
You cannot shorten a criminal suspension by paying a fine, attending traffic school, or petitioning early. You must wait out the full period. Only after the suspension period ends can you begin the reinstatement process, which itself can take weeks or months.
What you must do to restore your license after a criminal suspension
Once the suspension period ends, your license does not automatically come back. You must take action to restore it. The exact steps depend on your state, but most require you to contact your DMV, pay a reinstatement fee (usually $100 to $500), and provide proof that you have met any other conditions.
Many states require an SR-22 form (also called a Certificate of Financial Responsibility) before you can drive again. This form proves to the state that you carry the minimum required auto insurance. Your insurance company files it with the DMV on your behalf. You will need to maintain SR-22 coverage for a set period, usually three to five years, or the suspension will be reinstated.
Some states also require a new written test, a road test, or both before you can get your license back. A few states require you to complete a substance abuse program or a DUI education course before reinstatement is possible. Check with your state DMV to find out exactly what is required in your case.
Driving with a criminally suspended license
Driving while your license is criminally suspended is a crime in itself. Depending on the state and how many times you have done it, you can face fines, jail time, or another suspension added on top of the one you are already serving. A first offense might result in a misdemeanor charge and a fine of $500 to $1,000. A second or third offense can be a felony, with jail time and a much longer suspension.
If you are stopped by police while driving on a criminally suspended license, the officer will likely arrest you or issue a citation. Your vehicle may be impounded. The consequences stack quickly, so it is important to arrange other transportation—carpooling, public transit, rideshare, or a taxi—until your suspension is over and your license is restored.
How to learn about your license is criminally suspended
If you have been convicted of a crime and are unsure whether your license was suspended, contact your state's DMV directly. You can usually check your driving record online through the DMV website, or you can call or visit an office in person. Have your driver's license number and date of birth ready.
You can also ask your criminal defense attorney or the court that handled your case. The judge should have explained any license suspension as part of your sentence, but if you do not have that information, the court clerk can look up your case and tell you what was ordered.
Do not assume your license is still valid just because you have not heard otherwise. The DMV may have suspended it without sending a notice, or the notice may have been lost. Driving without knowing your license status can lead to an arrest for driving with a suspended license, which adds another charge and another suspension on top of the one you are already serving.
Frequently Asked Questions
Can I get a hardship license while my criminal suspension is in effect?
Some states offer a hardship or work license that allows limited driving during a criminal suspension, but only for essential purposes like work, school, or medical appointments. You must request this from the court or DMV and show that you have a genuine need. Not all states offer this option, and approval is not may provide. Check with your state DMV or the court that ordered the suspension.
What happens if I move to another state while my license is criminally suspended?
Most states share suspension and revocation information through the National Driver Register. If you move, the new state will likely recognize the suspension from your home state and will not issue you a new license until it is lifted. Some states have reciprocal agreements that enforce each other's suspensions. You cannot escape a criminal suspension by moving.
Does a criminal suspension ever go away on its own?
No. A criminal suspension stays in effect until the suspension period ends and you complete the reinstatement process. Even after the suspension period expires, your license remains suspended until you contact the DMV, pay the reinstatement fee, and meet any other requirements like obtaining an SR-22 or passing a new test.
Can I get my criminal suspension reduced or removed early?
In rare cases, you may be able to petition the court for early reinstatement or a reduction in the suspension period, but this is difficult and not may provide. You would need to show that you have completed any required programs, maintained a clean record since the conviction, and have a compelling reason for early reinstatement. An attorney can advise you on whether this is possible in your state and situation.
Will a criminal suspension show up on a background check?
Yes. A criminal conviction and any resulting license suspension will appear on a background check. Employers, landlords, and others who run background checks will see both the conviction and the suspension. This is separate from your driving record and cannot be hidden or removed.