Like in other states, it is unlawful to drive without a license in Georgia. This article explains what constitutes driving without a license, the penalties for a violation, and some exceptions to the general rule.
Generally, every person who operates a motor vehicle on a Georgia highway must possess and be able to display a valid driver's license. Failure to do so can result in a misdemeanor conviction. (Ga. Code Ann. § 40-5-20.)
Unlicensed driving is a misdemeanor. And a driver with an out-of-state license can also be convicted of a misdemeanor if he or she has resided in Georgia for more than 30 days but failed to obtain a Georgia driver's license. In either circumstance, the maximum penalties are a year in jail and $1,000 in fines.
Persons who are licensed but are unable to display said license when asked to do so by an officer can be convicted of a misdemeanor, punishable by one year in jail and a maximum $1,000 fine.
However, if the driver is able to produce in court a driver's license that was valid at the time of the officer's request, the person just has to pay a maximum $10 fine.
The penalties for driving on an expired license are the same as those for unlicensed driving: up to a year in jail and a maximum $1,000 in fines.
However, according to the statute, if the person's license has been expired for less than 31 days at the time of the offense, and "he or she produces in court a driver's license that would have been valid at the time of the offense, he or she shall not be guilty of such offense."
Non-resident drivers with valid driver's licenses from their home state or country can drive in the state without a Georgia license, subject to Georgia age restrictions. Farmers driving tractors and military personnel in military vehicles are also exempt from licensing requirements.
A person who operates a vehicle while on a suspended, restricted, or revoked license will be subject to jail time, fines, and an extended driver's license suspension. The specific penalties depend on the number of violations the person has within a five-year period.
1st offense |
2nd offense |
3rd offense |
4th offense-felony |
|
Jail |
2 days to 12 months |
10 days to 12 months |
10 days to 12 months |
1 to 5 years prison |
Fine |
$500 to $1,000 |
$1,000 to $2,500 |
$1,000 to $2,500 |
$2,500 to $5,000 |
License Suspension |
6 months |
6 months |
6 months |
6 months to life |
It should be noted that a license is not automatically reinstated once a suspension or restriction period has passed. Generally, a reinstatement fee must be paid before a driver's license can become valid again, and these fees increase with each subsequent conviction.
Driving without a valid license carries serious penalties in Georgia. If you're facing this type of charge, you should get in contact with a defense attorney. A qualified defense lawyer can explain the law and help you decide on how best to handle your situation.