Law Office of Kevin Bessant & Associates

Driving While License Suspended in Michigan: Penalties and Defenses

Driving while your license is suspended, revoked, or denied is a Michigan misdemeanor that can bring up to 93 days in jail and a fine of up to $500 for a first offense. A violation after a prior conviction carries up to 1 year in jail and a fine of up to $1,000. The charge is in MCL 257.904, with penalties in subsection (3).

Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.

Driving while license suspended at a glance

Charge Driving while license suspended, revoked, or denied, MCL 257.904
First violation Up to 93 days in jail, a fine of up to $500, or both (subsection (3)(a))
After a prior conviction Up to 1 year in jail, a fine of up to $1,000, or both (subsection (3)(b))
Vehicle plates The Secretary of State must cancel the plates on notice from a peace officer, unless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to drive it
Additional suspension A conviction or civil infraction while your license is suspended or revoked can add a like period of suspension or revocation (subsection (10))

When does it become a felony?

If the driver causes a death while driving on a suspended license, the offense is a felony with up to 15 years in prison and a fine of $2,500 to $10,000 (subsection (4)). If the driver causes a serious impairment of a body function, it is a felony with up to 5 years and a fine of $1,000 to $5,000 (subsection (5)). These two subsections do not apply to a person whose license was suspended for failing to answer a citation or comply with an order or judgment under section 321a.

Common defenses

  • The suspension. The prosecutor must prove your license was actually suspended, revoked, or denied on the date you drove. Records and notices can be checked for errors.
  • The prior convictions. The enhanced penalty requires proof of prior convictions that meet the statute’s rules.
  • The stop. The officer needs a lawful reason to stop you.
  • Clearing the suspension. Fixing the underlying problem can help in negotiations.

Related pages: traffic tickets.

Frequently asked questions

Is driving on a suspended license a crime in Michigan?

Yes. A first violation is a misdemeanor with up to 93 days in jail and a fine of up to $500.

What happens if I have a prior conviction?

The maximum rises to 1 year in jail and a fine of up to $1,000 under MCL 257.904(3)(b).

Talk to a Detroit traffic defense attorney

Call Attorney Kevin Bessant at 313-658-8159 for a free consultation.

Legal Authority

See MCL 257.904 in the Michigan Legislature’s text. This page is general information, not legal advice.

Law Office of Kevin Bessant & Associates