Unlicensed Driver Law

Any individual who wants to drive in the United States must first get a driver’s license from the state where they live. In most states, a person must complete and pass both a written and a driving test to obtain a driver’s license. It is illegal for a person to operate a motor vehicle on public roadways if they do not have a valid driver’s license.

After obtaining the license, it is valid only until the date shown on the license as the expiration date. Driving with an expired license is illegal. Drivers must complete all paperwork and fees required to renew their license before it expires to keep it active and effective.

Drivers are not legally permitted to operate motor vehicles in any state if the following is the case with their license:

• They had a valid driver’s license, but it has been suspended or revoked,
• They have never obtained a license,
• Their valid license has expired, or
• They are under the age of 16.

Some states allow drivers with a learner’s permit to drive a car with a licensed driver as a chaperone.

Keeping unlicensed drivers off the roads is important in all states because statistics show that they are more dangerous than licensed drivers. According to the National Highway Traffic Safety Administration (NTSA), 19% of motor vehicle fatalities involve drivers with invalid licenses. Furthermore, drivers with invalid licenses comprise 13% of all drivers in fatal crashes.

What Is the Punishment for Unlicensed Driving?

The crimes charged for driving without a license differ in each state. More than one crime can be charged. One common issue to remember is that conviction of driving without a license can lead to an increase in the premiums for auto insurance that the perpetrator must pay. That can be the most punishing consequence of driving without a license. It is possible to lose insurance coverage, which can affect a person’s ability to drive a car.

Each state has its own set of punishments for unlicensed driving. These are just two representative examples:

• New York: This area of the law is surprisingly complicated in New York. In New York State, driving without a license is a misdemeanor criminal offense. If a person is charged, their case proceeds in criminal rather than traffic court. A person can be charged even if they have a driver’s license that they simply forgot to take when they left the house. The crime is punishable as follows:
  • Fees and Fines: The lowest fee that is imposed for driving without a license in New York is a so-called “license termination fee,” from $75 to $300. A perpetrator also has to pay a so-called “driver’s responsibility assessment fee,” of as much as $100 to $250, or possibly more. New York drivers must renew their driver’s license within 60 days of expiration. If a New York driver is caught with an expired license after 60 days have passed since the expiration, they also must pay $40 to renew their license to become valid again.
    • In addition, there is a mandatory surcharge as a penalty for an unlicensed driver. These surcharges are usually $80 to $100;
  • Jail Time: Jail time is also possible for driving without a license. If a perpetrator does not pay the fines associated with these charges, they can have to spend up to fifteen days in jail;
  • New York also has a crime called “aggravated unlicensed operation (AOU).” The crime is committed when a person operates a motor vehicle when their driver’s license has been suspended or revoked. There are different degrees of AUO;
  • Third-degree AUO is a misdemeanor and the least serious AOU crime. A person charged with driving a motor vehicle on any public highway in New York with a suspended, revoked, or withdrawn license for the first time is charged with third-degree AUO. The punishment is a fine of between $200 and $500 and imprisonment for 30 days or less;
  • Second-degree AUO is also a misdemeanor. A charge of 2nd-degree AUO is made when a driver is caught driving without a valid license and also has one of the following:
    • A prior conviction of AUO within the previous 18 months;
    • A license suspension or revocation due to a drug- or alcohol-related conviction, such as a conviction for driving while intoxicated or because they did not submit to a breathalyzer test;
    • A license suspension that was made while the accused was waiting for prosecution on a drug or alcohol-related charge;
    • Three or more past driver’s license suspensions on different dates.
    • The punishment for second-degree AUO is a fine of from $500 to $1,000 and as much as six months probation or time in jail;
  • First-degree AUO is a felony, so it is the most serious AUO offense. The punishment for first-degree AUO is a fine of $500 to $5,000 and time in prison. A person can be charged with first-degree AUO when a driver:
    • Has a past conviction of 2nd-degree AUO and was also charged with operating a motor vehicle under the influence of alcohol or drugs;
    • Has had their driver’s license suspended 10 or more times on different dates;
    • They were operating the vehicle after their license had already been permanently revoked for a conviction of driving while intoxicated or for refusing a breathalyzer test.
    • It is also possible to be charged with unlicensed driving even if the person is not the car’s driver. Registered car owners can be charged under New York state law if they allow another person with a suspended or revoked license to drive their vehicle. Punishment includes a fine of between $500 and $5,000 and up to six months in jail. It is also possible that the person’s vehicle will be impounded;
• Florida: A first offense of unlicensed driving in Florida is a 2nd-degree misdemeanor. The punishment is imprisonment for no more than 60 days or a fine of $500. If a person commits a second offense, it is charged as a 1st-degree misdemeanor. The punishment is imprisonment for no more than 1 year or a fine of $1,000.

Any offense after a 2nd offense is a 3rd-degree felony. The punishment is imprisonment for no more than 5 years or a $5,000 fine. Perpetrators must be imprisoned for a minimum of 10 days. In addition, the perpetrator’s vehicle is impounded immediately, which means that the police seize the person’s car when they arrest the person, so they cannot continue driving.

What Defenses Are Common for Unlicensed Driving Charges?

Driving without a license is an established crime when it is shown that a driver did not have a legal license at the time they were driving. However, forgetting a person’s valid license is different from being unlicensed. In most states, but not all, a person generally receives a traffic ticket for driving without their license in their possession, but the penalties are not as severe as for a charge of driving without having been issued a valid license at all or driving with an expired license.

If a person moves to a new state, they need to obtain a new license. Most states have limited periods within which a new resident must get a license in the state. So, if a person has a valid license from another state and has only recently moved to a new state, they may escape a charge of driving without a license.

In some states, there are certain conditions under which a person can legally drive without a license. Federal government employees driving for business purposes in a non-commercial, government-owned vehicle may be legally protected from unlicensed driving. Some states allow people to drive golf carts, tractors, and farm vehicles on a highway without a license for a short time.

Finally, residents of other countries possessing driver’s licenses in their home country might be able to use this as a defense in some states if they are charged with unlicensed driving.

Do I Need a Lawyer for Help with My Charge of Driving without a License?

Unlicensed driving can be punished severely under some circumstances. In any event, it is a criminal offense and not just a traffic ticket. So, it is best to consult a traffic ticket lawyer if you are charged with driving without a license.

A lawyer can review the facts of your situation and tell you if any defenses are available to you. Or your lawyer might be able to get charges reduced through a plea agreement, especially for a first offense.