The when ready steps to take during the traffic stop
If a police officer pulls you over and you have a suspended license, your first job is to stay calm and comply with the officer's commands. Keep your hands visible, turn off the engine, and have your documents ready — even though your license is suspended, you still need to show your ID and vehicle registration. Do not lie about your license status or try to leave the scene; both make the situation much worse legally.
When the officer asks for your license, tell the truth: say your license is suspended and explain why if you know the reason (unpaid fines, missed court date, medical suspension, points accumulation). The officer will run your information through the system and will find out anyway. Being honest does not may provide you will avoid a ticket, but it shows you are cooperating and may influence how the officer handles the stop.
Do not argue about whether the suspension is fair or whether you should have been notified. That conversation happens later, in court or with the licensing authority — not on the roadside. Ask the officer what happens next: will you receive a citation, will your vehicle be towed, and do you need to arrange a ride.
Key Takeaways
- Driving with a suspended license is a separate criminal or traffic offense that can result in fines, jail time, and additional license suspension on top of your existing one.
- The officer will discover your suspension through their system check, so honesty during the stop is your best approach and may reduce the severity of the charge.
- You will likely receive a citation for driving with a suspended license, and your vehicle may be towed depending on your state's laws and the reason for the suspension.
- After the stop, you must address both the new citation and the original reason your license was suspended, or the suspension will remain in place.
- Some suspensions can be lifted early if you pay outstanding fines, complete required courses, or resolve the underlying issue that caused the suspension.
What charges you may face
Driving with a suspended license is a separate offense from the reason your license was suspended in the first place. Depending on your state and the type of suspension, you could be charged with a traffic infraction, a misdemeanor, or in some cases a felony. A first offense is usually a misdemeanor, but repeat offenses or driving with a suspended license due to a DUI suspension can carry felony charges.
The penalties vary widely by state. You may face fines ranging from a few hundred to several thousand dollars, jail time from a few days to several months, and an additional suspension period added to your existing one. Some states impose a mandatory minimum jail sentence for driving with a suspended license, especially if the suspension was for a serious reason like a DUI or reckless driving conviction.
Your vehicle may also be impounded. Many states allow officers to tow your car when ready if you are driving on a suspended license, and you will have to pay towing and storage fees to get it back — fees that can quickly exceed several hundred dollars.
Whether your vehicle will be towed
Whether your car is towed depends on your state's law, the reason for your suspension, and the officer's discretion. Some states have mandatory impound laws: if your license is suspended for certain reasons (like a DUI or habitual traffic offender status), the vehicle must be towed. Other states leave it to the officer's judgment.
If your vehicle is towed, you will receive notice of where it is being held and what you owe. Towing fees typically start at $100 to $300, and storage fees accumulate daily — often $20 to $50 per day. You cannot retrieve your vehicle until you pay these fees in full. If you cannot pay, the vehicle may be sold at auction after a set period (usually 30 to 90 days, depending on your state).
If someone else is licensed and present at the stop, some states allow that person to drive the vehicle away instead of having it towed. Ask the officer if this is an option in your situation.
How to handle the citation and court appearance
After the stop, you will receive a citation for driving with a suspended license. The citation will include a court date, fine amount (or a range), and instructions for how to respond. You have three main options: pay the fine and plead guilty, request a court date to contest the charge, or request a payment plan if you cannot pay the full amount at once.
If you plead guilty or pay the fine, the conviction goes on your driving record and the additional suspension period begins. If you want to contest the charge, you can request a hearing and present your case to a judge. Common defenses include that you were not aware your license was suspended, that you were driving to a medical emergency, or that the suspension was issued in error. However, "not knowing" is not a strong defense in most states — you are responsible for knowing your license status.
Attend your court date. Missing it will result in an additional charge, a warrant for your arrest, and further suspension. If you cannot attend in person, contact the court before your date to ask about appearing by phone or video, or request a continuance.
Steps to get your license reinstated
To lift your suspension, you must address the original reason it was imposed. If your license was suspended for unpaid fines, you need to pay those fines. If it was suspended for missing a court date, you need to appear in court. If it was suspended for accumulating too many points, you may need to wait out a waiting period or complete a defensive driving course. If it was suspended for a medical reason, you need to provide medical clearance from a doctor.
Once you have resolved the underlying issue, contact your state's Department of Motor Vehicles or licensing authority to request reinstatement. Some states require you to pay a reinstatement fee (typically $50 to $200) in addition to resolving the original problem. You may also need to pass a written test or vision test before your license is restored.
Do not drive until your license is officially reinstated. Driving during the reinstatement process — even if you have paid fines or completed requirements — is still driving with a suspended license and can result in another citation.
How the new offense affects your record and future suspensions
A conviction for driving with a suspended license becomes part of your permanent driving record and can affect your insurance rates, employment prospects (especially if your job requires driving), and future licensing decisions. Insurance companies view this as a serious violation, and your premiums may increase significantly or your policy may be cancelled.
If you are convicted of driving with a suspended license, your state may add additional suspension time beyond what was already in place. Some states impose a mandatory additional suspension of 6 months to 1 year for a first offense, and longer for repeat offenses. In some cases, you may be declared a habitual traffic offender, which carries even harsher penalties and a longer suspension period.
This conviction can also complicate future interactions with law enforcement and the courts. If you are pulled over again for any reason, officers will see the prior suspension violation on your record, which may influence how they handle the stop.
What to do if you need to drive before reinstatement
Some states offer a hardship license or restricted license that allows limited driving for essential purposes — work, school, medical appointments, or court-ordered programs — while your license is suspended. To request one, you typically need to show the court or licensing authority that you have a genuine hardship and no other transportation options.
The process varies by state. Some require you to file a petition with the court, others require you to explore directly to the DMV. You may need to provide proof of employment, proof of medical need, or proof that you are enrolled in a required program. There is usually a fee, and the hardship license comes with strict conditions: you can only drive to and from the approved purpose, you cannot drive at certain times, and you may be required to install an ignition interlock device (a breathalyzer for your car) if the suspension was DUI-related.
A hardship license is not a full license and does not restore your driving privileges. It is a temporary measure that allows you to meet essential needs while you work toward full reinstatement.
Frequently Asked Questions
Can I go to jail for driving with a suspended license?
Yes. A first offense is usually a misdemeanor with possible jail time of a few days to several months, depending on your state. Repeat offenses or driving with a suspended license due to a DUI suspension can result in felony charges and longer jail sentences. Some states have mandatory minimum jail time for this offense.
Will my insurance cover an accident if I'm driving on a suspended license?
Probably not. Most insurance policies exclude coverage if you are driving illegally, including with a suspended license. If you cause an accident, you will be personally liable for all damages, medical bills, and property damage — a potentially devastating financial situation.
What if I didn't know my license was suspended?
Lack of knowledge is not a legal defense in most states. You are responsible for knowing your license status. However, if you can show that the suspension notice was never delivered to your correct address, you may have grounds to contest the original suspension. Bring documentation of your address and any evidence that you did not receive notice.
How long does a driving with suspended license conviction stay on my record?
It stays permanently on your driving record in most states, though it may have less impact on insurance rates after 3 to 5 years. Some states allow you to petition for record expungement after a certain period, but this is rare for traffic convictions and requires a separate legal process.
Can I get the towing fee waived if I was not aware my license was suspended?
Towing fees are set by the towing company and impound lot, not by the court, so they are generally not waivable. However, if you can prove the suspension was issued in error or that you were never notified, you may be able to contest the original suspension and potentially recover towing costs through a separate civil claim. Consult with a traffic attorney about your specific situation.