Driving on a Suspended License in Indiana: Penalties and Next Steps
In Indiana, driving on a suspended license is usually a Class A infraction, not a crime. It becomes a Class A misdemeanor if the driver knew about the suspension and had a prior driving-while-suspended judgment within the last 10 years, or if the suspension came from a conviction. It can be a felony if the driving causes injury or death, or if the driver is suspended as a habitual traffic violator. The right next step depends on why the license was suspended.
Key points
A first case is often a Class A infraction, with a judgment of up to $10,000 but no jail.
Knowing about the suspension and having a prior judgment within 10 years can make it a Class A misdemeanor.
Driving while knowingly suspended for a conviction is a Class A misdemeanor, and a Level 6 or Level 5 felony if someone is injured or killed.
Driving while suspended as a habitual traffic violator is a Level 6 felony.
Many suspensions can be fixed by paying a ticket, appearing in court, or filing proof of insurance.
Is driving on a suspended license a crime in Indiana?
It depends on the facts. Indiana's driving-while-suspended laws are in IC 9-24-19:
Class A infraction (IC 9-24-19-1): The basic offense is operating a motor vehicle on a highway while your driving privileges, license, or permit is suspended or revoked. An infraction is not a criminal conviction, but a court can enter a judgment of up to $10,000 (IC 34-28-5-4).
Class A misdemeanor (IC 9-24-19-2): The offense is a misdemeanor if you knew your license was suspended and you had a prior unrelated driving-while-suspended judgment within the past 10 years.
Class A misdemeanor (IC 9-24-19-3): It is also a misdemeanor if you knew your license was suspended and the suspension resulted from a conviction.
Felonies (IC 9-24-19-3): If driving while knowingly suspended for a conviction results in bodily injury, it is a Level 6 felony. If it results in death or catastrophic injury, it is a Level 5 felony.
A Class A misdemeanor carries up to 1 year in jail and a fine of up to $5,000 (IC 35-50-3-2).
What about habitual traffic violators?
Indiana suspends the licenses of habitual traffic violators (HTVs) for long periods. Driving while knowingly suspended as an HTV is a Level 6 felony (IC 9-30-10-16). If the BMV mailed notice of the HTV suspension to your last address on record, the law presumes you knew about it, although that presumption can be challenged. Driving after a lifetime forfeiture of driving privileges carries even more serious penalties (IC 9-30-10-17).
Why do Indiana licenses get suspended?
According to the Indiana BMV, common reasons include:
failing to appear in court or pay a traffic ticket or judgment;
driving without the required insurance, or failing to provide proof of insurance when requested;
OWI-related suspensions, including chemical test failures or refusals;
habitual traffic violator status; and
other court-ordered suspensions.
Many people do not realize their license is suspended until they are pulled over, often because a notice went to an old address.
How do you check your license status?
You can view your driving record through your myBMV account on the Indiana BMV website. The record shows active suspensions and what you need to do to reinstate.
How do you get your license back?
The steps depend on the reason for the suspension:
Unpaid tickets or missed court: Resolve the case with the court. The court then notifies the BMV.
Insurance suspensions: Your insurer may need to file a certificate of compliance or an SR22. With an SR22, the BMV requires it to be maintained for a set period.
OWI suspensions: A court may grant specialized driving privileges in some cases, sometimes with an ignition interlock.
Reinstatement fees: The BMV charges reinstatement fees for many suspensions. Check your driving record for the amount.
Can you get specialized driving privileges?
Indiana courts can grant specialized driving privileges to some people with suspended licenses, allowing them to drive for work, school, or other approved purposes (IC 9-30-16). Eligibility depends on the type of suspension and your record, and some suspensions do not qualify. Our article on Indiana's 2026 OWI law changes explains a recent change to specialized driving privileges in OWI cases.
What to do if you are cited for driving while suspended
Find out why your license is suspended by checking your driving record.
Fix the underlying problem if you can, such as paying an old ticket or filing proof of insurance.
Keep your court date. Missing court can create a new suspension.
Do not keep driving until your license is valid. Each new stop can lead to more serious charges.
Talk with a lawyer, especially if you are charged with a misdemeanor or felony, or if you have HTV status.
Knowing your rights during a stop also matters. See what are your rights during a traffic stop.
Frequently asked questions
Can you go to jail for driving on a suspended license in Indiana?
A Class A infraction does not carry jail time. A misdemeanor or felony charge can.
Is driving on a suspended license a felony in Indiana?
Usually not. It can be a felony if you are suspended as a habitual traffic violator, or if driving while knowingly suspended for a conviction causes injury or death.
What if I didn't know my license was suspended?
Knowledge matters for the misdemeanor and felony versions of the offense. For HTV suspensions, notice mailed to your last address on record creates a presumption that you knew, which can be challenged.
Can a driving while suspended conviction be expunged?
A misdemeanor conviction may be eligible for expungement after the waiting period, if other requirements are met. An infraction is not a criminal conviction.
Questions about a suspended license charge?
If you have been cited for driving on a suspended license in Indiana, you can schedule a consultation with Brinkley Law or learn more about our criminal defense practice.
Brinkley Law, 8888 Keystone Crossing, Suite 1300, Indianapolis, Indiana 46240.
This article provides general information about Indiana law and is not legal advice. Reading it or contacting Brinkley Law does not create an attorney-client relationship. The application of the law depends on the facts of each matter.
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