Last reviewed . Law current as of October 2026.
Driving while your license is suspended or revoked is a motor vehicle offense under N.J.S.A. 39:3-40: a first offense brings a $500 fine and up to six more months of suspension. If the suspension was for a second or later DWI or refusal, driving is a fourth-degree crime under N.J.S.A. 2C:40-26 with at least 180 days in jail.
Key takeaways
- A first offense under N.J.S.A. 39:3-40 brings a $500 fine and up to six more months of suspension.
- Penalties increase when the suspension was for DWI, refusal, or no insurance.
- Driving during a suspension for a second or later DWI or refusal is a fourth-degree crime with at least 180 days in jail.
What is the penalty for driving with a suspended license in NJ?
| Offense | Fine | Jail |
|---|---|---|
| First | $500 | None required by (a) |
| Second | $750 | 1 to 5 days |
| Third or later | $1,000 | 10 days |
| Any, with an accident causing bodily injury | As above | 45 to 180 days |
On any conviction the court must also impose or extend a suspension of up to six months (39:3-40(d)). Registration can be revoked in some repeat cases and when the underlying suspension was for DWI or refusal. If a second or later offense involves a moving violation, the jail term is 10 days longer than the one imposed for the previous offense (39:3-40(j)).
What happens if I drive with a suspended license after a DWI?
- Suspended for driving without insurance (39:6B-2): an additional $500 fine, an additional one to two years of suspension, and up to 90 days in jail (39:3-40(f)(1))
- Suspended for DWI, refusal, or point accumulation under 39:5-30a: an additional $500 fine, an additional one to two years of suspension, and 10 to 90 days in jail (39:3-40(f)(2))
- Driving under (f)(2) on or within 1,000 feet of school property, or through a designated school crossing: 60 to 90 days for a first offense, 120 to 150 days for a second, and 180 days for a third or later (39:3-40(f)(3))
When is driving while suspended a crime?
Driving while suspended is a fourth-degree crime in two situations:
- The suspension was for a first DWI or refusal, and you were already convicted once before of driving while suspended during that same first-offense suspension
- The suspension was for a second or later DWI or refusal
A conviction under 2C:40-26 requires a fixed minimum of 180 days during which there is no parole. These are indictable charges heard in Superior Court, not municipal court.
What about suspensions for unpaid tickets or surcharges?
If the suspension was for unpaid parking tickets or for missing a court time-payment order, the maximum fine is $100 once you pay what is owed or get current on the payment plan (39:3-40(i)).
Can I be penalized for letting a suspended driver use my car?
An owner who lets someone drive knowing that person's license is suspended for DWI or refusal faces a $1,000 fine, up to 15 days in jail, or both, and possible suspension and registration revocation (39:3-40(h)).
How is a driving-while-suspended charge defended?
- Whether the suspension was actually in effect on the date, and whether you had notice of it
- Whether you were the one driving
- The type of suspension, since it controls which penalties apply
- Restoring your license before court, which can matter for a parking or payment-plan suspension
- For 2C:40-26, whether the prior DWI convictions and suspension records are what the State says they are
Related guides
- First-offense DWI
First DWI in New Jersey? Fines, IDRC, possible jail, license forfeiture, and interlock by BAC level under N.J.S.A. 39:4-50, plus pre-conviction interlock and the 2029 sunset.
- Breath test refusal
Charged with refusing the Alcotest in New Jersey? Refusal penalties under N.J.S.A. 39:4-50.4a, what the State must prove, how refusal differs from DWI, and common defenses.
- Ignition interlock
How long you need an ignition interlock after a New Jersey DWI or refusal, pre-conviction installation and credit, the drug-DWI exclusion, and the January 1, 2029 sunset.
- Alcotest 9510
The NJ Supreme Court lifted its stay of Alcotest 9510 DWI cases on December 19, 2025 without ruling on reliability. What that means for pending DWI cases and how results can be challenged.
- Second and third DWI
Second or third DWI in New Jersey? Mandatory jail, fines, community service, license forfeiture, interlock periods, the 10-year step-down, and how out-of-state priors count.
Frequently asked questions
Is driving on a suspended license a crime in New Jersey?
Usually it is a motor vehicle offense under 39:3-40. It becomes a fourth-degree crime under 2C:40-26 when the suspension was for a second or later DWI or refusal, or for a first DWI after a prior driving-while-suspended conviction during that suspension.
Is jail mandatory for driving while suspended?
Not for a first ordinary offense. Jail is required for a second or later offense, when there is an injury accident, during a DWI or refusal suspension (10 to 90 days), and under 2C:40-26 (at least 180 days without parole).
Will my suspension get longer?
Yes. On any conviction the court must impose or extend a suspension of up to six months, and some suspensions add one to two more years.
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Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.