Driving While Suspended

A first time conviction for driving while suspended will result in no less than a 90 day license suspension and can cause severe consequences for any future convictions for driving while suspended. A person who operates a motor vehicle on a public street or highway, while the person’s driving privileges are suspended or revoked, commits a Class A infraction. However, a second offense of driving while suspended, within 10 years of a prior judgment for driving while suspended, is a criminal offense and will be charged as a Class A misdemeanor. A Class A misdemeanor conviction for driving while suspended carries a possible penalty of up to one year in jail and a license suspension of 90 days to 2 years.

A person’s driving privileges can be suspended for a variety of reasons, including failing to pay outstanding tickets or civil judgments or as the result of a criminal conviction, such as drunk driving or possession of marijuana (if a vehicle is involved). A conviction for driving while suspended requires proof that the person knew that their driver’s license was suspended at the time they were driving. However, there is a rebuttable presumption that a person knows that their driver’s license is suspended if the bureau of motor vehicles mailed notice of the suspension to the person’s last reported address. Thus, it is important to keep a current address with the BMV.