Someone who drives while suspended for failing or refusing a breath or blood test or for a misdemeanor DUII conviction commits the crime of misdemeanor driving while suspended. If someone’s license is suspended for conviction of some misdemeanor crimes, then the DWS would be a misdemeanor. If convicted of misdemeanor DWS, a defendant faces possible jail time, fines, and probation. There is a minimum $1,000 fine for someone caught driving with a suspension for a DUII conviction.
Someone who drives while suspended for a conviction of any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle, aggravated vehicular homicide, aggravated driving while suspended or revoked, or if the revocation resulted from a conviction for felony driving while under the influence of intoxicants, commits the offense of felony DWS.
Driving while suspended, in and of itself, will not necessarily get you kicked out of diversion. However, driving while suspended will violate your probation if you are on probation for a DUII conviction. Additionally, the driving while suspended could result in a new criminal charge.