Driving Without a Valid (or on a Suspended) License in Kansas

Like in other states, it's unlawful to drive without a license in Kansas. This article explains what constitutes driving without a license, the penalties for a violation, and exemptions to the rule.

Driving Without a License in Kansas

Generally, every person who operates a motor vehicle on a Kansas highway must possess and be able to display a valid driver's license. Failure to do so can result in a misdemeanor conviction. (Kan. Stat. § 8-235 (2024).)

Driving Without a License on Your Person in Kansas

If you have a valid license, but don't have it on you when an officer pulls you over, the officer can give you a ticket for not having a license in your possession. Failure to display a valid license upon request by an officer doesn't have to result in a conviction. If the driver is able to produce, in court or at the police station, a driver's license that was valid at the time of the request, the charge is supposed to be dismissed. (Kan. Stat. § 8-244 (2024).)

However, a driver who is convicted faces up to 90 days in jail and a maximum $500 fine. (Kan. Stat. § 8-268 (2024).)

Driving Without a Valid License in Kansas

A first-time conviction for driving without a license in Kansas is a class B misdemeanor, which carries up to six months in jail and a maximum $1,000 fine. The violation will also result in a 90-day license suspension. (Kan. Stat. §§ 8-235, 8-252a, 8-262, 21-6602, 21-6611 (2024).)

Although it seems illogical to suspend a non-existent license, the Kansas Department of Revenue creates an electronic profile for the driver and "suspends" the person from using or obtaining a driver's license for 90 days. The primary reason for this electronic profile is to subject unlicensed drivers who drive during the 90-day suspension to "driving while suspended" punishments, which include mandatory jail time (see below).

Driving While Suspended or Revoked in Kansas

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.

Suspension Period for Driving on Suspended or Revoked License

Drivers who are convicted of driving while suspended will have their suspension extended by 90 days. (Kan. Stat. § 8-262 (2024).)

Fines for Driving on Suspended or Revoked License

A first-time conviction for driving while suspended in Kansas is a class B misdemeanor, which carries a maximum fine of $1,000. A second or subsequent conviction is a class A misdemeanor, which carries a maximum fine of $2,500. (Kan. Stat. §§ 8-262, 21-6611 (2024).)

Typically, the fine for a driving-while-suspended-or-revoked violation is at least $100. The minimum fine is increased to $1,500 if the driver was suspended due to a DUI, vehicular homicide, or other serious offense. (Kan. Stat. § 8-262 (2024).)

Jail for Driving on Suspended or Revoked License

A first-time conviction for driving while suspended in Kansas is a class B misdemeanor, which carries up to six months in jail. A second or subsequent conviction is a class A misdemeanor, which carries up to one year in jail. (Kan. Stat. §§ 8-262, 21-6602 (2024).)

For a first driving-while-suspended-or-revoked offense, the driver is subject to a jail sentence of at least five days—though the person might not actually serve the full time in jail if probation is granted. For a second or subsequent conviction, however, probation can't be granted until the five days of jail is served. (Kan. Stat. § 8-262 (2024).)

For a third or subsequent conviction, the minimum jail time is increased to 90 days if the driver was suspended due to a DUI, vehicular homicide, or other serious offense. (Kan. Stat. § 8-262 (2024).)

Restricted License Violations in Kansas

Some drivers have a restricted license that allows them to drive to and from certain places while on an otherwise suspended license. It's a misdemeanor to drive in violation of the restrictions on a driver's license in Kansas. The penalties vary depending on the number of prior convictions and the reason for the license restrictions. The maximum penalties are a jail sentence of one month, a fine of $500, and a license suspension of two years. (Kan. Stat. §§ 8-291, 21-6602(a)(4) (2024).)

Exceptions to the License Requirements in Kansas

Non-resident drivers with valid driver's licenses from their home state or country can drive in the state without a Kansas license, subject to Kansas age restrictions. (Kan. Stat. § 8-236 (2024).)

Non-residents whose home country doesn't require licenses may be able to obtain authorization from the Kansas Department of Revenue allowing them to operate a vehicle on a temporary basis without a license. And farmers in Kansas are allowed to drive tractors between fields without a license. (Kan. Stat. § 8-236 (2024).)

License Reinstatement in Kansas

It should be noted that a license isn't automatically reinstated once the suspension or restriction period has passed. Generally, a reinstatement fee is required before a driver's license can become valid again. (Kan. Stat. § 8-241, 8-255 (2024).)