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Driving Without a License

Driving without a license is illegal in every state, but most states differentiate between operating a vehicle without a valid driver's license and driving a vehicle without proof of a driver's license (such as when a driver fails to carry his or her valid driver’s license).

Penalties for driving without a valid license or failing to produce a license when stopped by a police offer range from "fix-it tickets" to vehicle impoundment or even jail time (for driving on a revoked license, for example).

Learn more about Traffic Laws.

Types of Driver Licensing Violations

A motorist may violate a driver's license requirement in a number of ways; Perhaps it was an honest mistake (i.e. he left his driver's license at home) or maybe there was an attempt to circumvent a known driving restriction (i.e. willingly drove despite knowing that his license was suspended for DUI.)

Here are the most common types of violations related to driver's licenses:

  • Failing to apply for a state-issued drivers license within the time allowed
  • Driving with an expired license
  • Driving with a license that has been temporarily suspended
  • Driving with a license that has been permanently revoked
  • Failing to show proof of a valid license when driving or operating a vehicle

Penalties for Driving Without a License

Failure to produce a valid driver's license when asked by a police officer can lead to a number of penalties depending on the circumstances. Charges typically fall into one of two categories: correctable offenses and willful violations.

Correctable Offenses

Simply forgetting to carry your driver's license while driving a vehicle may lead to a "fix-it ticket," wherein you must later show proof that you fixed the violation in order to have the citation dismissed by the traffic court. Failure to present this evidence typically leads to fines or other penalties.

Willful Violations

Penalties for willful violations of licensing requirements, such as driving on a suspended or revoked license, are much more serious. Driver's licenses are frequently suspended for DUI offenses, since states have an interest in keeping dangerous drivers off the roads. Therefore, when a driver willfully drives with a suspended or revoked driver’s license, he or she may be cited, arrested, and charged for a misdemeanor offense.

The following examples illustrate the range of penalties for operating a vehicle without a valid driver's license from state to state:

  • Washington: You may receive a jail sentence if a judge determines that you are a habitual offender
  • Illinois: Two-month suspension for first offense of driving without a valid license; possible jail sentence of up to one year for driving with a suspended driver's license
  • California: Your car may be impounded for 30 days; you must appear in court (or have an attorney appear on your behalf) if the offense is bundled with a DUI or other charge; simply forgetting to have your license while driving is an infraction (fix-it ticket)
  • New York: $40 to $300 fine for an expired license; misdemeanor charge of "Aggravated Unlicensed Operation" (2nd or 1st degree) for multiple suspensions or DUI-related suspensions, with possible felony charge (which can carry a jail sentence)

Check FindLaw’s directory of State DMV Offices for licensing and vehicle registration information in your particular state. See "Driving Without a Valid Driver's License: State Laws" for more specific information. Finally, if you are facing license suspension, revocation, or jail time, you may wish to speak with a local traffic ticket lawyer who can help defend the charges against you.

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