Nevada Revised Statute § 483.560 makes it a misdemeanor to drive a motor vehicle while your driver’s license has been canceled, revoked or suspended. If convicted, you will face up to 6 months in jail, up to $1000.00 in fines, and an extension of the existing license suspension.
Though it may be possible to overcome NRS 483.560 charges by showing that:
- there was never actually a suspension;
- the DMV failed to notify you; or
- the suspension period had already lapsed.
In this article, our Las Vegas DUI defense attorneys discuss:
- 1. What are the penalties for driving with a suspended license?
- 2. How do I fight the charges?
- 3. Can I avoid another suspension or revocation?
- 4. Can I get a restricted license?
- 5. How do I reinstate my license?
- 6. What if I live out of state?
- 7. Do license suspensions carry from state to state?
- 8. When can I seal the case?
- 9. Do suspended licenses show up on background checks?
- 10. Will my insurance know if my license is suspended?
Driving on a suspended license is a misdemeanor under NRS 483.560.
1. What are the penalties for driving with a suspended license?
The punishment depends on why your license was revoked:
1.1. 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
1.2. Non-DUI cases
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
The 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 license that has been suspended or canceled for an indefinite period carries an additional 6-month license revocation. A subsequent violation carries an additional 1-year period of ineligibility to get a license.
2. How do I fight the charges?
We have decades of experience fighting charges of driving on a suspended license, and the most common defenses we rely on to get the charges dismissed or reduced are:
- There was never a suspension or revocation,
- You had no notice, and/or
- The suspension period passed.
Most of these cases resolve through negotiating with the prosecutor. Otherwise, you may request a bench trial in pursuit of a full acquittal of criminal charges.
2.1. 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 was no driver’s license suspension or revoked license, then the case should be dismissed.
2.2. 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 authorities failed to give you proper notice, then the charges for violating NRS 483.560 should be dismissed.1
2.3. The suspension / revocation period passed
If you drive after your suspension or revocation period already ended, then by definition you may not be convicted of violating NRS 483.560. This is true even if you neglected to formally reinstate your driving privileges. However, the you may instead face charges of driving without a license (NRS 483.230).
3. How can I avoid another suspension or revocation?
If you are facing an additional suspension for driving on a suspended license, you can request a DMV Hearing. These administrative hearings are like mini-trials:
The defense attorney would contest the suspension. Both sides may present evidence and cross-examine witnesses, including law enforcement officers. Then the judge delivers a decision.
DMV hearings are more difficult to win than criminal trials. This is because the judge 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. Can I get a restricted license?
Possibly. Restricted licenses may permit you 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 or DUID cases, you may be able to reinstate your license early with no restrictions:
| Nevada DUI offense | Waiting time to reinstate driving privileges |
| DUI 1st | Immediately if you get an ignition interlock device. |
| DUI 2nd | No early reinstatement is available. |
| DUI 3rd or DUI causing injury or death (NRS 484C.430) | 1 year into 3-year revocation.2 |
5. How do I reinstate my driving privileges?
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 (Toll-Free) | (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. What if I live out of state?
An NRS 483.560 violation is just a misdemeanor. Therefore, local Nevada attorneys can usually appear in court on your behalf, and you should not have to come back in state just to go to court. An exception is if the case goes to trial, which is rare.
7. Do license suspensions carry from state to state?
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. When can I seal my case?
A Nevada conviction for violating NRS 483.560 is sealable. Though you must wait one year after the case ends.
Note that if the charge gets dismissed, then there is no waiting period; you can file the paperwork immediately.4
9. Do suspended licenses show up on background checks?
No. This is because suspended Nevada driver’s licenses are administrative, not criminal matters. Though if you get cited for driving on a suspended license, then that criminal case will show up on future background checks.
10. Will my insurance know if my license is suspended?
Insurance companies can always check whether your license is suspended by pulling your motor vehicle report. Having a suspended license should not affect your ability to get or keep insurance.
See our article on the difference between revoked and suspended driving privileges.
Arrested in California? See our article on Vehicle Code 14601 VC.
Arrested in Colorado? See our article on CRS 42-2-138.
Legal References
- See NRS 483.560. The language of the statute reads as follows:
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.
See also Zamarripa v. First Judicial Dist. Court, 103 Nev. 638, 747 P.2d 1386 (1987).
- NRS 483.360.
- License suspensions & revocations, Nevada DMV.
- NRS 179.245; NRS 179.255.