What is the Penalty for Driving with a Suspended License?

Written By: Matthew W. Peterson

Published: 09/23/2021

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Penalty for Driving with a Suspended License

The penalty for driving with a suspended license depends on your record and whether the suspension is due to an OUI. Although you’re not likely to see any jail time for driving with a suspended driver’s license, Massachusetts state law does see it as a crime and one that may carry severe punishments in certain cases. If you have recently been caught or are thinking about driving with a suspended driver’s license, understanding the consequences of doing so may be vital to your ultimate decision and outcome.

Conviction & Punishments

As stated above, you may not see any jail time for this particular crime, but that does not mean it’s not a real possibility. This is because, under Massachusetts state law, even your first offense driving with a suspended driver’s license can carry a conviction of a fine of no less than $500 and no more than $1,000. In more severe cases (often due to your criminal record), you may even see jail time added to that conviction, with the maximum sentence being ten days behind bars. In addition to a fine/jail time, you may also face having additional days added to your driver’s license suspension, with that common number being around 60 additional days.

Penalty for Multiple Offenses of Driving with a Suspended License

If this is your second time being convicted for this particular crime, the consequences can be much greater, with some seeing a mandatory jail time sentence of a minimum of 60 days to a maximum of 12 months. The sentencing could be much more severe if your driver’s suspension was due to an OUI charge. In this case, you may see both jail time and a fine of up to $10,000. However, this only applies for a suspension due to a conviction for OUI, not for refusing a breathalyzer.

Legal Assistance

Although the law is clear, you can still fight the charges. If you are charged with driving with a suspended license, it’s critical to contact an experienced criminal defense attorney. Call or text the Law Office of Matthew W. Peterson today at (617) 295-7500.

Frequently Asked Questions (FAQs)

1. What should I do if I am pulled over while driving with a suspended license?

If you are pulled over while driving with a suspended license, remain calm and polite. Do not admit to knowing your license was suspended. It’s crucial to consult with a criminal defense attorney as soon as possible to discuss your options and potential defenses.

2. Can I get my suspended license reinstated after a conviction?

Yes, you can typically apply for reinstatement of your driver’s license after serving your suspension period and fulfilling any court requirements, such as paying fines or completing mandated programs. However, additional penalties may apply depending on the nature of your conviction.

3. How can I find out if my license is suspended?

You can check the status of your driver’s license by contacting your local Department of Motor Vehicles (RMV) or equivalent agency. They can provide information regarding any suspensions or restrictions on your driving privileges.

4. What are the long-term consequences of a conviction for driving with a suspended license?

A conviction for driving with a suspended license can lead to a criminal record, which may affect employment opportunities, insurance rates, and future driving privileges. It may also result in increased penalties for any future traffic violations.

5. Is it possible to contest a charge of driving with a suspended license?

Yes, it is possible to contest the charges against you. An experienced criminal defense attorney can help build a case based on various factors, such as improper notification of the suspension or errors in the law enforcement process.