Penalties for Driving Without a License and Driving While Suspended or Revoked

All states issue driver's licenses and impose penalties on motorists who get caught driving without a valid license. Generally, these penalties vary depending on whether the motorist just didn't have a license or was operating a vehicle while his or her license was suspended or revoked.

Driving Without a License: Unlicensed and Expired and Suspended Licenses

In all states, it's unlawful for a person to operate a vehicle on public streets or highways without a valid driver's license. Generally, driving without a valid license will involve one of three scenarios: unlicensed driving, driving with an expired license, or driving with a suspended or revoked license.

Unlicensed Driving

You can get a ticket for unlicensed driving if you never had a license, were driving without a license in your immediate possession, or hold an out-of-state license and didn't apply for an in-state license when you were supposed to. With a license from any state, you can temporarily drive in any other state. But if you take up residence in a new state, you have to get licensed in that state within a certain period of time. For instance, in California, you have 10 days to apply for a California license after becoming a state resident.

Unlicensed driving is typically a traffic violation, a relatively minor offense. In some states, unlicensed driving carries less serious consequences if the offense involves not having a license in your possession (more on this in the penalties section below).

Expired Driver's Licenses

Driving on an expired license is illegal but typically a minor traffic offense. Some states treat unlicensed driving and driving with an expired license the same. In other states, these are two different offenses that might have slightly different penalties and consequences (see below).

Driving on a Suspended or Revoked License

In most states, driving without a license becomes a more serious offense when it involves operating a vehicle while your license is suspended or revoked. Depending on the situation, driving while suspended or revoked can be a misdemeanor or even a felony.

Common Defenses for Unlicensed Driving Charges

Some states recognize defenses to traffic violations related to unlicensed driving. A few defenses that might work include:

• necessity, and

• lack of notice.

Talking to an attorney is the best way to find out if one of these defenses could apply in your case.

Necessity Defense

The idea behind the necessity defense is that it's sometimes necessary to break the law to avoid or prevent greater harm. In states that recognize this defense, you might be able to beat an unlicensed driving charge by proving you had to drive because of an emergency. For example, driving a seriously injured person to a hospital or fleeing from an approaching hurricane could be justified unlicensed driving under the necessity defense.

Defenses Based on Lack of Notice

In states that recognize the lack-of-notice defense, drivers might be able to avoid an unlicensed driving conviction by showing they didn't receive notice of their license expiring or being suspended or revoked. The requirements of notice vary by state, but generally, notice of license expirations, suspensions, and revocations must be provided by the court or Department of Motor Vehicles.

Penalties for Driving Without a License

The penalties for driving without a license vary by state and the type of offense.

Fines, Jail Time, and License Consequences

Unlicensed driving (not involving a suspension or revocation) typically carries only a fine. In some states, the fines are less for driving on an expired license and driving without a license in your possession than for other types of unlicensed driving.

For driving while suspended or revoked, on the other hand, the penalties often include fines and the possibility of jail time. Some states also impose an additional driver's license suspension, vehicle impoundment, vehicle forfeiture, and/or community service for driving on a suspended or revoked license.

Second and Subsequent Convictions

In many states, subsequent convictions will result in increased or additional penalties. For example, in some states, a third conviction for driving while suspended or revoked is a felony offense. Other states increase the fine amount, driver's license suspension time, jail time, and/or vehicle impoundment time upon subsequent convictions. For increased penalties to apply, the subsequent conviction generally must be within a certain period time (five years, for instance) of the prior convictions.

Avoiding Convictions and Penalties

When unlicensed driving involves not having a license in your possession or an expired license, some states will excuse the violation if the driver subsequently takes certain actions.

In Arkansas, for example, the court will dismiss a ticket for driving without a license in your possession if you can subsequently provide proof that you had a valid license at the time you received the ticket. And Rhode Island drivers can avoid a conviction for driving on an expired license if they renew their license within 10 days of getting the ticket (South Dakota has a similar rule).

Penalties for Unlicensed Driving Involving DUIs

Driving while suspended or revoked and DUI are separate offenses. However, a defendant can commit both offenses at the same time. If a person is convicted of a DUI offense and has a suspended driver's license at the time of arrest, the driver will generally face penalties for both offenses or enhanced penalties for the DUI.

Even if the defendant didn't drive with a suspended or revoked license and commit a DUI at the same time, the penalties for driving on a suspended license are often increased if the license suspension resulted from a prior DUI conviction. For example, in Oregon, driving while suspended or revoked is normally a traffic violation. But if the person's license is suspended because of a DUI conviction, driving on a suspended or revoked is a misdemeanor.