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Call Us NowRevoked vs Suspended License – What’s the Difference?
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A revoked driver’s license is permanently invalid, and your driving privileges are taken away. Depending on the reason for the revocation, you might be able to obtain a new license at some point in time.
By contrast, a suspended license is temporarily invalid. While your driving privileges are temporarily put on hold, you can generally reinstate your license after a certain amount of time.
Some common reasons for a license revocation include
- repeated convictions of driving under the influence (DUI),
- criminal convictions (such as some reckless driving convictions), and
- providing false statements on a Department of Motor Vehicles (DMV) form.
Some common reasons for a driver’s license suspension include
- driving without proof of insurance,
- a first-time DUI/DWI, and
- not paying fines for a traffic offense.
1. What is a revoked license?
If your state revokes your driver’s license, it takes it away for good and your driving privileges are terminated.
In most cases, a driver’s license revocation is for a certain period of time. The length of the revocation period will depend on the reason why your license was revoked.
Your state often informs you of the length of revocation when it takes your license away.
In some cases, you can apply for a new license once your period of revocation is over.
In practice, this usually means that you must pass another:
- written driving test,
- vision test, and
- driving test in the field.
Depending on the facts of your case, you might be able to challenge a revoked license by requesting an administrative hearing. You would request a hearing with the agency in your state that is responsible for issuing a driver’s license.
2. What is a suspended license?
With a suspended driver’s license, your state temporarily puts your driving privileges on hold. You cannot legally drive during the suspension period.
A driver’s license suspension is usually classified as either a:
- definite suspension (where the suspension is for a certain period of time), or
- indefinite suspension (where the suspension is for an open-ended amount of time).
As to a definite suspension, you can usually file for the reinstatement of your license after the suspension period is over. You will typically get your license back after you:
- officially apply for reinstatement, and
- pay any applicable reinstatement fees.
With an indefinite suspension, you usually have to perform some act to reinstate your license. For example, you may have to:
- pay for any unpaid traffic tickets, or
- pay for any unpaid periods of child support.
In some cases, a state will suspend your license if you suffer from a certain medical condition (like Alzheimer’s disease). In these cases, you most often have to comply with your state’s reexamination process to demonstrate that you are still fit to operate a vehicle safely.1
3. Can you legally drive with a revoked or suspended license?
Most often, no. Most states say that it is a crime for you to drive on a suspended or revoked license. The crime is usually a misdemeanor offense that is punishable by:
- fines, and/or
- jail time.2
In most cases, you are only guilty of an offense if you in fact knew that your license was revoked or suspended.3
Further, you might be able to challenge a criminal charge by showing that it was absolutely necessary for you to drive (for example, an emergency necessitated you to drive).
4. Can you get a restricted or limited license after a suspension/revocation?
In some cases, you can try to obtain a restricted license if your driving privileges have been revoked or suspended.
If granted, you can usually use the license to drive to such places as:
- your place of employment,
- any drug and/or alcohol treatment program that you must attend,
- probation meetings,
- school, and
- medical appointments.4
Eligibility for a restricted license will often depend on:
- the reason for your license revocation or suspension, and
- the laws of the state in which your license was revoked or suspended.
Legal References:
- See, for example, California’s DMV website, “DMV’s Reexamination Process.”
- See, for example, Revised Code of Washington 46.20.342.
- See same. See also Florida Statutes 322.34.
- See, for example, Michigan Vehicle Code 257.304.
About the Author
Neil Shouse
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
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