Is it a felony to drive with a suspended license?
Direct Answer: No, it is generally not a felony to drive with a suspended license, but it can lead to serious consequences, including fines, imprisonment, and an increase in insurance premiums. The severity of the penalty depends on the jurisdiction, the reason for the suspension, and the driver’s prior record.
State-by-State Laws
| State | Penalty |
|---|---|
| Arizona | Misdemeanor, up to 6 months in jail, fine up to $2,500 |
| California | Misdemeanor, up to 6 months in jail, fine up to $1,000 |
| Florida | Misdemeanor, up to 60 days in jail, fine up to $500 |
| New York | Misdemeanor, up to 30 days in jail, fine up to $250 |
| Texas | Misdemeanor, up to 30 days in jail, fine up to $500 |
Federal Law
Under federal law, driving with a suspended license is not a specific crime. However, violating the terms of a driver’s license suspension or reinstatement can lead to federal charges, particularly if the suspension was imposed due to a serious crime, such as DUI (Driving Under the Influence). In these cases, drivers may face felony charges, including imprisonment up to 5 years, fines up to $15,000, and possible deportation for non-citizens.
Consequences of Driving with a Suspended License
Even though driving with a suspended license is not typically a felony, the consequences can still be severe:
• Fines: Varying amounts, ranging from a few hundred to thousands of dollars
• Imprisonment: Up to several months in jail or even a year or more in more serious cases
• Probation: Supervised supervision for a period of time
• License Reinstatement Fees: Additional fees to reinstate or obtain a new license
• Insurance Premium Increase: Higher insurance premiums or even cancellation of coverage
• Vehicle Impoundment: Vehicle may be impounded or towed
• Court Orders: Additional court orders, such as attending driver’s safety courses or community service
Why is Driving with a Suspended License Not a Felony?
There are several reasons why driving with a suspended license is generally not considered a felony:
• Level of Risk: Driving with a suspended license does not typically pose a significant threat to public safety, as the driver is already restricted from driving.
• Intent: The intent to drive with a suspended license is often seen as an administrative violation rather than a criminal act.
• Jurisdiction: Laws surrounding driver’s licenses and their suspensions fall within state or local jurisdiction, making felony charges less likely.
Conclusion
Driving with a suspended license is not generally a felony, but the consequences can be significant and can lead to serious penalties, including fines, imprisonment, and increased insurance premiums. It is essential to respect the terms of a license suspension and take steps to obtain reinstatement as quickly and efficiently as possible. Always check with local authorities to understand the specific laws and regulations in your area, as they may vary significantly.
Resources
For information on specific state laws and consequences, visit:
- National Highway Traffic Safety Administration (NHTSA): www.nhtsa.gov
- Federal Trade Commission (FTC): www.ftc.gov
- American Automobile Association (AAA): www.aaa.com
Disclaimer
The information provided in this article is for general guidance and is not intended as legal advice. It is crucial to consult with a licensed attorney or legal professional to understand the specific laws and regulations in your area and to receive personalized guidance.
