When a driver's license, is revoked or suspended, the licensee is supposed to stop driving until the license and driving privileges are restored. This may be as simple as paying a fine to restore the licensee’s driving privileges. In some circumstances, the person may never be able to obtain license. A person who continues to drive with a license under suspension or revocation is violating the order an administrative agency.

Generally, driving with a revoked or suspended license is considered a serious offense, and the punishment for the crime can be severe: a large fine, mandatory imprisonment, or both. Some jurisdictions have minimum jail sentences for a first offense.

The elements of the offense of driving or operating a vehicle with a license under suspension or revocation must be proven to the jury or judge beyond a reasonable doubt. In many states, the prosecution is not required to prove that a motorist had a mens rea, or "guilty mind," with respect to any element of the crime. The state does not have to prove that the defendant knew his license was suspended. Instead, in those states, the only two factors that must be proved are:

- That the defendant was driving a motor vehicle on a public highway, and

- That the defendant’s driver's license was suspended or revoked at the time he or she was driving

In some states, however, the prosecution must prove that the motorist had actual or constructive knowledge that his or her license was suspended or revoked at the time he or she was driving.

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