Under Nevada Revised Statutes (NRS) § 483.560, any person who drives a motor vehicle on a highway or on premises to which the public has access at a time when the person’s driver’s license has been cancelled, revoked or suspended is guilty of a misdemeanor.
In short, it is a crime to drive when the Nevada DMV revoked your license.
Penalties in DUI Cases
- Jail: 30 days to 6 months (or 60 days to 6 months of home confinement); and
- Fines: $500 to $1,000.
- Additional License Revocation: 1 year.
Penalties in Non-DUI Cases
- Jail: Up to 6 months; and/or
- Fines: Up to $1,000.
- Additional License Revocation: The length of the original revocation period.
Defenses
- There was no license suspension/revocation.
- You had no notice.
- The suspension/revocation period had passed.
When we fight these cases, we examine your DMV records, the notice sent to you, and whether the suspension or revocation was still in effect when you were stopped. These details can make a substantial difference in your defense, especially when prosecutors are seeking mandatory jail time based on a DUI-related revocation. Our goal is to fight for a dismissal or the best available outcome while helping you understand what you must do to get back behind the wheel legally.
In this article, our Las Vegas DUI defense attorneys will address the following key issues regarding driving on a suspended license in Nevada:
- 1. Penalties
- 2. Defenses
- 3. DMV Hearings
- 4. Restricted Licenses
- 5. Reinstatement
- 6. Skipping Court
- 7. Out-of-State Drivers
- 8. Record Seals
- 9. Background Checks
- 10. Insurance
- Frequently Asked Questions
- Additional Reading
1. Penalties
The punishment for driving on a suspended driver’s license in Nevada depends on why your license was revoked:
DUI Cases
The penalties for driving with a license that was suspended due to driving under the influence / drunk driving include:
- 30 days in jail (or 60 days of home confinement) to 6 months in jail; and
- $500 to $1,000 in fines; and
- 1-year additional license revocation by the Nevada Department of Motor Vehicles.
The judge may not grant probation, though jail can be served intermittently if:
- It gets done within 6 months after the conviction date; and
- No incarceration period lasts less than 24 hours.
Non-DUI Cases
Nevada’s penalties for driving on a license suspended for non-DUI reasons include:
- Up to $1,000 in fines; and/or
- Up to 6 months of jail time (judges rarely impose jail); and
- A doubling of the original license suspension period.
Note that if you had a restricted license, the revocation period will be extended for another year.
Also note that a first-time offense of driving with a suspended or canceled license for an indefinite period carries an additional 6-month license revocation. A subsequent violation carries a further one-year period of ineligibility for obtaining a license.
Common non-DUI charges or issues that may result in a suspended license include:
- Graffiti (NRS 206.330),
- Having 12 or more DMV demerit points on your driving record from traffic violations,
- Juvenile delinquency,
- Not following court orders (such as not paying child support), or
- Certain medical conditions.
2. Defenses
Here at Las Vegas Defense Group – Criminal & DUI Attorneys, we have decades of combined experience fighting driving-on-a-suspended-license charges.
Most of these cases resolve through negotiation with the prosecutor. Otherwise, you may request a bench trial in pursuit of a full acquittal of criminal charges.
In our experience, the following three defenses have proven very effective in getting NRS 483.560 charges dismissed with prosecutors and judges.
1) There Was Never a Suspension or Revocation
The Nevada DMV is a large bureaucratic organization. Therefore, clerical errors are inevitable.
Perhaps you can show that the DMV was mistaken about the suspension status. If there is no driver’s license suspension or revocation, then the case should be dropped.
2) You Had No Notice
Notice is required before Nevada driving privileges can be suspended. Adequate notice is typically in the form of a:
- A document that police hand you following a DUI arrest; or
- A certified letter mailed from the DMV to your last known address
If we can show that the authorities failed to give you proper notice, then the charges for violating NRS 483.560 should be dismissed.1
3) The Suspension / Revocation Period Passed
If you drive after your suspension or revocation period has already ended, then you may not be convicted of violating NRS 483.560. This is true even if you neglected to formally reinstate your driving privileges; however, in that case, you may instead face charges of driving without a license (NRS 483.230).
3. DMV Hearings
If you are facing suspension for driving on a suspended license in Nevada, you can request a DMV Hearing to contest the suspension. These administrative hearings are like mini-trials where your attorney presents evidence in your favor and cross-examines the arresting officers.
DMV hearings are more difficult to win than criminal trials. This is because the hearing officer requires very little evidence to find fault.
However, DMV hearings are still worth pursuing. They are an opportunity to test defense theories for any related criminal cases.
4. Restricted Licenses
In non-DUI cases where your Nevada driver’s license is suspended, you may be able to get a restricted license to travel to and from:
- Work,
- School,
- Doctors,
- The grocery store, and/or
- Court-ordered child visitation.
Call the DMV at 775-684-4364 (Option 2) for eligibility information. Refer to the Nevada DMV restricted license application.
In DUI cases where your Nevada driver’s license is revoked, you can usually resume driving without restrictions as long as you have an ignition interlock installed in your vehicle.2
5. Reinstatement
Nevada driver’s license reinstatement procedures depend on the circumstances of the case. Call the DMV for specific instructions:
| Nevada DMV Location | Phone Number |
| Las Vegas | (702) 486-4368, option 1 |
| Reno/Carson City | (775) 684-4368, option 1 |
| Rural Nevada | (877) 368-7828, option 1 |
You may have to retake the driving skills test in some cases. This is typical after a one-year or longer suspension.3
See our related article, How do I reinstate a revoked license in Nevada?
6. Skipping Court
If you are charged with driving on a suspended/revoked license in Nevada, the court will issue a bench warrant for your arrest if you skip a required court date. However, since an NRS 483.560 violation is only a misdemeanor, Nevada attorneys can usually appear in court on your behalf without you having to attend yourself.
In fact, as long as you hire local counsel to handle your case, you should never have to appear in court unless the case goes to trial, which is rare.
7. Out-of-State Drivers
Most state DMVs communicate with each other and honor each other’s suspension laws. Therefore, if you are charged in Nevada, you may face a suspension in your home state, and vice versa.
If you are a non-Nevada resident, you should consult with counsel in your home state about local DMV consequences.
8. Record Seals
A Nevada conviction for violating NRS 483.560 is sealable from your criminal record. However, you must wait one year after the case ends.
Note that if your charge for driving on a suspended/revoked license gets dismissed, then there is no waiting period; you can file the paperwork immediately.4
9. Background Checks
Suspended Nevada driver’s licenses are administrative, not criminal matters. Therefore, having a suspended driver’s license will not show up on your background check.
However, if you are cited for driving on a suspended/revoked license, that criminal case will appear on future background checks. That is why you should pursue a record seal as soon as you are eligible.
10. Insurance
Insurance companies can verify whether your Nevada driver’s license is suspended by checking your motor vehicle report. Having a suspended license should not affect your ability to get or keep insurance.
Frequently Asked Questions
Can I go to jail for driving on a suspended license in Nevada?
Yes. Driving on a suspended license is generally a misdemeanor carrying up to six months in jail and/or $1,000 in fines. For certain DUI-related suspensions or revocations, the penalties are 30 days to six months in jail **or** 60 days to six months of residential confinement, **plus** a $500 to $1,000 fine. Those enhanced penalties prohibit probation and suspended sentences.
Our first step is to examine why you lost your license and whether the prosecution can prove the charge. That helps us identify defenses and determine whether you actually face mandatory confinement.
Can I drive once my suspension period ends?
Do not assume you can drive simply because the suspension or revocation period has ended. You must complete the DMV’s applicable reinstatement requirements. An expired DUI revocation can affect which penalties apply, but it does not automatically restore your driving privileges.
We tell clients to confirm their status directly with the DMV before getting behind the wheel. Paying a court fine or finishing a sentence does not necessarily clear every hold on your license.
What if I did not know my license was suspended?
Lack of knowledge may provide a defense. However, Nevada recognizes both actual and constructive knowledge, meaning the circumstances can establish that you should have known about the suspension. Not receiving or opening a DMV letter does not automatically require dismissal.
We examine where the notice was sent, whether the required procedures were followed, and whether you received notice another way. The details matter more than a general statement that you never saw the letter.
Can I drive to work with a suspended license?
Needing to get to work does not, by itself, authorize you to drive. Depending on the reason for the suspension, you may qualify for a restricted license. Certain DUI-related revocations may allow early reinstatement with an ignition interlock, subject to DMV approval and other requirements.
We understand that losing the ability to drive can threaten your job. We help clients identify lawful options and understand their restrictions before they risk another charge.
Does installing an ignition interlock let me start driving immediately?
No. Installing the device is only part of the process. You must complete the applicable DMV reinstatement requirements and obtain authorization to drive. Your license will carry an interlock restriction, so you cannot simply switch to a vehicle without the required device.
We advise clients to confirm their reinstatement before driving away from the installer. We also discuss timing because the Nevada DMV says reinstating with an interlock ends your eligibility to request an administrative hearing on that revocation.
Will getting my license reinstated make the charge go away?
No. Reinstatement does not automatically dismiss a charge based on earlier driving. In cases where negotiation is legally available, however, correcting your license status may help your attorney seek a better outcome. Certain DUI-related charges have strict limits on plea bargaining.
We help clients address reinstatement while separately challenging the criminal case. Getting your license back is an important step, but we also examine whether the prosecution can prove what happened when you were stopped.
Additional Resources
For alternatives to driving in Nevada, refer to the following:
- Las Vegas Monorail – A quick and easy way to travel between the SAHARA Las Vegas Station and the MGM Grand Station.
- Regional Transportation Commission (RTC) of Southern Nevada – Bus system in Clark County, Nevada (which includes Las Vegas).
- Regional Transportation Commission (RTC) Washoe – Bus system in Washoe County, Nevada (which includes Reno).
- Taxicab Company Contact Information – List of licensed taxi cab companies by the Department of Business and Industry Nevada Taxicab Authority.
- Getting Around Las Vegas – Overview of options by visitlasvegas.com.
- Uber and Lyft – Popular ride-sharing app-based services.
Also see our related article on the difference between revoked and suspended driving privileges.
Legal References
- See NRS 483.560 – Driving while license cancelled, revoked or suspended; probation, suspended sentences and plea bargaining prohibited; exception; penalties:
1. Except as otherwise provided in subsection 2, any person who drives a motor vehicle on a highway or on premises to which the public has access at a time when the person’s driver’s license has been cancelled, revoked or suspended is guilty of a misdemeanor.
2. Except as otherwise provided in this subsection, if the license of the person was suspended, revoked or restricted because of:
(a) A violation of NRS 484C.110, 484C.120, 484C.210 or 484C.430;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),
the person shall be punished by imprisonment in jail for not less than 30 days nor more than 6 months or by serving a term of residential confinement for not less than 60 days nor more than 6 months, and shall be further punished by a fine of not less than $500 nor more than $1,000. A person who is punished pursuant to this subsection may not be granted probation, and a sentence imposed for such a violation may not be suspended. A prosecutor may not dismiss a charge of such a violation in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason, unless the prosecutor believes the charge is not supported by probable cause or cannot be proved at trial. The provisions of this subsection do not apply if the period of revocation has expired but the person has not reinstated the license.
3. A term of imprisonment imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted. However, the full term of imprisonment must be served within 6 months after the date of conviction, and any segment of time the person is imprisoned must not consist of less than 24 hours.
4. Jail sentences simultaneously imposed pursuant to this section and NRS 484C.320, 484C.330, 484C.400, 484C.410 or 484C.420 must run consecutively.
5. If the Department receives a record of the conviction or punishment of any person pursuant to this section upon a charge of driving a vehicle while the person’s license was:
(a) Suspended, the Department shall extend the period of the suspension for an additional like period.
(b) Revoked, the Department shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
(c) Restricted, the Department shall revoke the restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
(d) Suspended or cancelled for an indefinite period, the Department shall suspend the license for an additional 6 months for the first violation and an additional 1 year for each subsequent violation.
6. Suspensions and revocations imposed pursuant to this section must run consecutively.
- NRS 483.360.
- License suspensions & revocations, Nevada DMV.
- NRS 179.245; NRS 179.255.
