Driving is an essential part of daily life for many individuals, providing a means to commute to work, run errands, and fulfill family obligations. However, operating a vehicle while your driver's license is suspended can lead to serious legal consequences. In Indiana, the penalties for driving on a suspended license vary depending on the circumstances surrounding the suspension and the driver's history. This article will explore the various penalties associated with driving on a suspended license in Indiana, providing a comprehensive overview of the potential legal ramifications.
What Constitutes Driving on a Suspended License?
In Indiana, driving on a suspended license is defined under Indiana Code 9-24-19. It occurs when an individual operates a motor vehicle on a public roadway while knowing that their driving privileges, driver's license, or permit has been suspended or revoked. The suspension can occur for various reasons, including:
- Driving without insurance
- Driving under the influence of alcohol or drugs
- Failing to pay child support
- Accumulating too many traffic violations
- Committing reckless vehicular homicide
The state employs a point system where drivers who accumulate 20 or more points within a 24-month period may face suspension.
Types of Offenses and Associated Penalties
1. Class A Infraction
For first-time offenders, driving on a suspended license is typically classified as a Class A infraction. This can lead to:
- Fines: Up to $10,000
- Additional Suspension: An extension of the existing suspension period, which can range from 90 days to 2 years.
2. Class A Misdemeanor
If a driver has a prior conviction for driving on a suspended license within the last ten years, they may face a Class A misdemeanor charge. This can result in:
- Fines: Up to $5,000
- Jail Time: Up to 1 year in prison.
Additionally, if the suspension was due to certain criminal offenses, such as DUI, the driver may also be charged with a Class A misdemeanor for their first offense.
3. Felony Charges
In more severe cases, particularly if the driver is involved in an accident that results in injury or death, the penalties escalate significantly:
- Level 6 Felony: If the driver causes harm to another person while driving on a suspended license, they may face a Level 6 felony charge. This can result in:
- Prison Time: 6 months to 2.5 years
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Fines: Up to $10,000.
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Level 5 Felony: If the driver causes catastrophic injury or death, they may be charged with a Level 5 felony, leading to:
- Prison Time: 1 to 6 years
- Fines: Up to $10,000.
4. Consequences of Repeat Offenses
The penalties become more severe with repeat offenses. A second or subsequent conviction for driving on a suspended license can lead to:
- Increased Fines: Higher fines and longer jail sentences.
- Longer Suspension Periods: Additional time added to the existing suspension.
Additional Consequences Beyond Legal Penalties
In addition to the criminal penalties, individuals caught driving on a suspended license may face several other consequences:
- Increased Insurance Rates: A suspended license can lead to higher car insurance premiums or difficulty obtaining insurance altogether.
- Employment Challenges: A criminal record can hinder job prospects, especially in positions requiring driving.
- Inconvenience: Extended suspension periods can severely limit a person's ability to commute, impacting daily life and responsibilities.
Legal Defense Options
If you find yourself charged with driving on a suspended license, it is crucial to seek legal counsel. An experienced attorney can help you navigate the complexities of the legal system, potentially minimizing the impact of the charges. Possible defenses may include:
- Improper Notification: Arguing that you were not properly notified of the suspension.
- Mistaken Identity: Proving that you were not the individual operating the vehicle.
- Reinstatement: Demonstrating that you have since reinstated your license, which may lead to reduced charges.
Conclusion
Driving on a suspended license in Indiana is a serious offense with significant legal repercussions. Understanding the penalties associated with this offense is essential for anyone who may find themselves in such a situation. From fines and jail time to extended suspension periods, the consequences can be severe. If you are facing charges, it is advisable to consult with a legal professional to explore your options and protect your rights.
References
- Stracci Law Group. (2025, March 24). What Happens if You Drive With a Suspended License in NWI? https://www.straccilaw.com/blog/what-happens-if-you-drive-with-a-suspended-license-in-northwest-indiana
- Keffer Hirschauer LLP. (2024, July 26). Driving on a Suspended License in Indiana. https://www.indyjustice.com/blog/criminal-defense/driving-on-suspended-license-indiana/
- Eskew Law. (2025, March 28). Driving While Suspended in Indiana (DWLS) - Know Your Options. https://www.eskewlaw.com/blog/driving-while-suspended-indiana/