What Happens if You’re Caught Driving Without a License?

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Driving without a license violates state laws throughout the country, meaning you could face penalties like fines, vehicle impoundment and even imprisonment if you are caught. In addition, insurance companies are likely to view unlicensed driving as high-risk behavior and may charge you more for car insurance coverage as a result.

Continue reading to learn more about the risks associated with driving without a valid license and to see a breakdown of the penalties you could encounter for violating driving laws in each state.

Key Takeaways

  • It is against the law to drive without a license in all 50 states plus Washington, D.C.
  • Common penalties for driving without a license include fines, imprisonment, license suspension or revocation and potentially others like vehicle impoundment and mandatory community service.
  • The severity of your punishment may depend on whether you have been caught driving with an expired license before and whether your case includes any other aggravating factors.
  • You will likely face higher auto insurance rates and may have a harder time finding coverage after you are caught driving unlicensed.

Is It Illegal To Drive Without a License?

In every state, it is illegal to drive if you don’t have a driver’s license. First offenses are usually counted as misdemeanors, while subsequent offenses may be upgraded to felonies. However, a first offense may be considered a felony if there are aggravating factors at play like if you strike and kill a pedestrian while driving without a license or the reason you don’t have a license is because you were previously convicted of driving under the influence (DUI).[1]

Why Is It Illegal To Drive Without a License?

In many cases, unlicensed drivers have either lost their licenses due to unsafe driving behaviors in the past or never earned their licenses in the first place, meaning they are especially likely to pose a risk to other drivers on the road. There were at least 10,777 drivers without valid licenses involved in fatal car accidents in 2021, accounting for around 18% of all fatal crashes where the driver’s license compliance status was recorded.[2]

What Are the Consequences of Driving Without a License?

Some of the most common legal consequences of getting on the road without a driver’s license are fines and imprisonment. Depending on where you live, you could have to pay the court a fine of as little as $50 or as much as $25,000, while you could have to go to jail for as little as one day or as much as five years. Remember that you will generally face harsher penalties if you have already been convicted of the same crime in the past few years.

In addition, if your license is already suspended, you can expect to have your suspension extended even further if you are caught driving. Depending on your circumstances, a judge could also have your license revoked permanently.

Meanwhile, police officers and courts may have the discretion to impose additional penalties such as the impoundment of your motor vehicle or license plate. If this happens, you will be temporarily unable to drive your car until the government allows you to reclaim it or its license plate.

Common penalties for driving without a license

Penalty for Driving Without a License: State by State

The exact punishment for unlicensed driving varies greatly from state to state and can also depend on your specific circumstances. See the table below for an overview of the various penalties you could potentially face if you’re caught driving without a license in each state.[3]

State/District

Possible Penalties

Alabama

Fine: $100 to $500

Jail sentence: Up to 180 days

License suspension period: Six months

Other penalties: Vehicle impoundment, additional $50 penalty

Alaska

Jail sentence: 10 days (sentence may be suspended after first offense if 80 hours of community service are completed)

License suspension period: At least 90 days

Other penalties: Vehicle impoundment

Arizona

Jail sentence: Up to six months

Other penalties: Vehicle impoundment

Arkansas

Fine: Up to $500

Jail sentence: Two days to six months

California

Fine: $300 to $1,000 for first offense, $500 to $2,000 for subsequent offenses

Jail sentence: Five days to six months for first offense, 10 days to one year for subsequent offenses

Colorado

Fine: Up to $500

Jail sentence: Up to six months

License suspension period: One year for first offense, three years for subsequent offenses

Connecticut

Fine: $150 to $200 for first offense, $200 to $600 for subsequent offenses

Jail sentence: Up to three months for first offense, up to one year for subsequent offenses

Delaware

Fine: $500 to $1,000 for first offense, $1,000 to $4,000 for subsequent offenses

Jail sentence: 30 days to six months for first offense, 60 days to one year for subsequent offenses

Other penalties: Vehicle impoundment lasting at least 90 days for first offense and at least one year for subsequent offenses

District of Columbia

Fine: Up to $2,500

Jail sentence: Up to one year

Florida

Fine: $500 for first offense, $1,000 for second offense, $5,000 for subsequent offenses

Jail sentence: Up to 60 days for first offense, up to one year for second offense, 10 days to five years for subsequent offenses

Other penalties: Vehicle impoundment

Georgia

Fine: Up to $500 for first offense, $1,000 to $2,500 for second or third offense, $2,500 to $5,000 for subsequent offenses

Jail sentence: Two days to one year for first offense, 10 days to one year for second or third offense, one to five years for subsequent offenses

License suspension period: Six months

Other penalties: $210 license reinstatement fee for first offense ($200 if paid by mail), $310 license reinstatement fee for second offense ($300 if paid by mail), $410 license reinstatement fee for subsequent offenses ($400 if paid by mail)

Hawaii

Fine: $250 to $1,000 for first offense, $1,000 for second offense, $2,000 for subsequent offenses

Jail sentence: Three to 30 days for first offense, 30 days for second offense, one year for subsequent offenses

License suspension period: One year for first offense, two years for second offense, permanent revocation for third offense

Idaho

Fine: Up to $1,000 for first or second offense, up to $3,000 for subsequent offenses

Jail sentence: Two days to six months for first offense, 20 days to one year for second offense, 30 days to one year for subsequent offenses

License suspension period: 180 days for first offense, one year for second offense, two years for subsequent offenses

Illinois

Fine: Up to $2,500 for first offense, up to $25,000 for subsequent offenses

Jail sentence: Up to one year for first offense, one to three years for subsequent offenses

Other penalties: Vehicle impoundment, license plate seizure or vehicle immobilization for fourth offense and subsequent offenses

Indiana

Fine: Up to $10,000

Jail sentence: Six months to 30 months

Iowa

Fine: $250 to $1,500

License suspension period: One year or a period of time similar to your prior suspension, whichever is shorter

Kansas

Fine: At least $100

Jail sentence: At least five days (no eligibility for parole until after five days for repeat offenses)

License suspension period: 90 days

Kentucky

Jail sentence: At least 90 days for first offense, 90 days to one year for second offense, one to five years for subsequent offenses

License suspension period: Six months for first offense, one year for second offense, two years for subsequent offenses

Louisiana

Fine: Up to $500 (Class D or E license) or up to $5,000 (Class A, B or C license) for first offense, $300 to $500 (Class D or E License) or $300 to $5,000 (Class A, B or C license) for subsequent offenses

Jail sentence: Up to six months for first offense, seven days to six months for subsequent offenses

License suspension period: One year

Other penalties: Civil fine of up to $1,250 (Class D or E license) or up to $2,500 (Class A, B or C license) for repeat offenses

Maine

Fine: $250 for first offense, $500 for subsequent offenses

License suspension period: One year

Maryland

Fine: Up to $1,000

Jail sentence: Up to one year for first offense, up to two years for subsequent offenses

License suspension period: Up to one year for first offense, up to 18 months for second offense, up to two years for subsequent offenses

Other penalties: Vehicle impoundment

Massachusetts

Fine: $500 to $1,000

Jail sentence: Up to 10 days for first offense, 60 days to one year for subsequent offenses

License suspension period: 60 days

Michigan

Fine: Up to $500 for first offense, up to $1,000 for subsequent offenses

Jail sentence: Up to 93 days for first offense, up to one year for subsequent offenses

License suspension period: A period of time similar to your prior suspension

Other penalties: License plate cancellation

Minnesota

Fine: Up to $1,000

Jail sentence: Up to 90 days

Mississippi

Fine: $200 to $500

Jail sentence: 48 hours to six months

License suspension period: Six months

Missouri

Jail sentence: Up to one year for first offense, six months to one year for second offense, up to four years for subsequent offenses

Montana

Fine: Up to $500

Jail sentence: Two days to six months for repeat offenses

License suspension period: One year for repeat offenses

Nebraska

License suspension period: A period of time similar to your prior suspension

Other penalties: One-year ban on operating motor vehicles for first offense, two-year ban on operating motor vehicles for subsequent offenses

Nevada

Fine: Up to $1,000

Jail sentence: Up to six months

License suspension period: A period of time similar to your prior suspension or one year if your license was previously revoked or restricted

New Hampshire

Fine: Up to $1,000

Jail sentence: At least one week

License suspension period: One year

New Jersey

Fine: $500 for first offense, $750 for second offense, $1,000 for subsequent offenses

Jail sentence: One to five days for second offense, 10 days for subsequent offenses

License suspension period: Up to six months

New Mexico

Fine: Up to $1,000

Jail sentence: Four to 364 days

Other penalties: Vehicle immobilization

New York

Fine: $200 to $500 for first offense, at least $500 for subsequent offenses

Jail sentence: Up to 30 days for first offense, up to 180 days for subsequent offenses

North Carolina

Fine: Up to $200

Jail sentence: One to 10 days

License suspension period: One year for first offense, two years for second offense, permanent revocation for third offense

North Dakota

Fine: $1,500 for first three offenses, $3,000 for subsequent offenses

Jail sentence: Up to 30 days for first three offenses, up to one year for subsequent offenses

Other penalties: License plate destruction

Ohio

Fine: Up to $1,000 for first offense, $1,000 for subsequent offenses

Jail sentence: Up to 180 days for repeat offenses

Other penalties: 500 hours of community service for first offense, license plate impoundment

Oklahoma

Fine: $100 to $500 for first offense, $200 to $750 for second offense, $300 to $1,000 for subsequent offenses

Jail sentence: Up to one year for third offense and subsequent offenses

Oregon

Fine: $220 to $2,000

Other penalties: Vehicle impoundment

Pennsylvania

Fine: $200 for first offense, $1,000 for second offense, $2,500 for subsequent offenses

Jail sentence: At least 90 days for second offense, at least six months for subsequent offenses

License suspension period: One year if your license was previously suspended, two years if your license was previously revoked

Rhode Island

Fine: $250 to $500 for first offense, $350 to $500 for second offense, $500 to $1,000 for subsequent offenses

Jail sentence: Up to 90 days for third offense and subsequent offenses

License suspension period: Up to 90 days for third offense and subsequent offenses

South Carolina

Fine: $300 for first offense, $600 for second offense, $1,000 for subsequent offenses

Jail sentence: Up to 30 days for first offense, up to 60 days for second offense, up to 90 days for subsequent offenses

South Dakota

Fine: Up to $500 if your license was previously suspended or canceled, up to $2,000 if your license was previously revoked

Jail sentence: Up to 30 days if your license was previously suspended or canceled, up to one year if your license was previously revoked

Tennessee

Fine: Up to $500 for first offense, up to $2,500 for subsequent offenses

Jail sentence: Up to six months for first offense, up to 11 months and 29 days for subsequent offenses

License suspension period: A period of time similar to your prior suspension

Texas

Fine: Up to $500 for first offense, up to $2,000 for subsequent offenses

Jail sentence: Up to 180 days for repeat offenses

Utah

Fine: $1,000

Jail sentence: Up to six months

Vermont

Fine: Up to $5,000 for first five offenses, $5,000 for subsequent offenses

Jail sentence: Up to two years

Other penalties: License plate seizure

Virginia

Fine: Up to $2,500

Jail sentence: Up to 12 months

Other penalties: Vehicle impoundment lasting up to 90 days

Washington

Fine: Up to $5,000

Jail sentence: Up to 364 days

West Virginia

Fine: $100 to $500 for first or second offense, $150 to $500 for subsequent offenses

Jail sentence: 30 to 90 days for third offense and subsequent offenses

Wisconsin

Fine: $50 to $200 if your license was previously suspended, up to $2,500 if your license was previously revoked

Other penalties: Vehicle impoundment

Wyoming

Fine: Up to $750

Jail sentence: Up to six months

Why Do People Drive Without a License?

For the most part, the only justifiable reason to drive without a license is when you need to do so because of an emergency. You may be able to avoid penalties for driving with a revoked or suspended license in some states by arguing the necessity defense in court.[1] For example, your fine may be waived if you were the only other person with someone having a medical emergency and it was quicker for you to drive them to the hospital than to wait for an ambulance.

In general, the reason you drive without a license is likely to have an impact on the severity of your punishment. For example, if you have a valid driver’s license and simply forgot it at home, then it’s possible a police officer will let you off with a warning instead of giving you a traffic citation. Conversely, you are likely to face much harsher penalties if you are pulled over after your license has been revoked or before you have received a driver’s license in the first place.

Will My Insurance Be Affected if I’m Caught Driving Without a License?

Being caught on the road with a suspended or revoked license is likely to affect your car insurance premiums and your ability to find coverage. Since driving without a license is often viewed as risky behavior, insurers may consider you more likely to get into an accident and file a claim and may charge you higher car insurance rates as a result. For example, drivers in Florida see their premiums go up by 30% to 80% on average after they are caught driving without a license, according to Patti Yencho, owner of Professional Insurance Advisors.

“If the driver has a history of repeated offenses or additional violations at the time of the offense, such as speeding or reckless driving, the insurance rate increase could be on the higher end,” Yencho said in a message to SmartFinancial. “On the other hand, drivers with previously clean records who might have simply neglected to renew their license could be met with more lenient rate increases.”

In addition, if auto insurance companies view you as too risky to insure, they may refuse to sell you coverage altogether. If multiple insurance carriers decline to cover you, then you may eventually need to buy coverage from a nonstandard insurance company that specializes in selling expensive policies to high-risk drivers.

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FAQs

What happens if you’re caught driving without a license under 18 years old?

Minors are generally treated the same as other unlicensed drivers, meaning you will likely be charged with a misdemeanor and may face a small fine and potentially some jail time if you are caught driving without a license under the age of 18.

Can you go to jail for driving without a license?

Yes, driving without a license is punishable by imprisonment in the majority of states, although judges in some states can only sentence you to prison if you are a repeat offender.

How would the police know if I’m driving without a license?

Police officers can pull you over and ask to see your driver’s license or they can run a computer check on your license plate number to see if the owner of the vehicle has a valid license on record.

Sources

  1. FindLaw. “Driving Without a Valid Driver’s License: State Laws.” Accessed April 2, 2024.
  2. National Highway Traffic Safety Administration. “Traffic Safety Facts 2021: A Compilation of Motor Vehicle Traffic Crash Data,” Page 111. Accessed April 5, 2024.
  3. National Conference of State Legislatures. “Driving While Revoked, Suspended or Otherwise Unlicensed: Penalties by State.” Accessed April 3, 2024.

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