Driver's License Laws

While getting your driver's license is a liberating feeling, it also comes with a lot of responsibility and care. Licensed drivers must follow all state laws for traffic and public safety. Not doing so can result in losing driving privileges and other penalties.

FindLaw's Driver's License Laws section explains several aspects of driver licensing, including:

• The general process for obtaining a license
• Administrative license suspensions and implied consent laws
• FAQ on driving in other states and countries, learner's permits, and more
• Actions that can lead to a driver's license suspension or revocation

How Drivers Can Lose Their License

Driving is a privilege, not a right. Because driving is inherently dangerous, states control who can legally drive on public roads. While each state has its own standards, there are some common reasons for suspending or revoking a person's driver's license. These include:

• Excessive speeding
• Reckless driving
• Driving without valid car insurance
• Leaving the scene of an accident (hit and run)
• Driving under the influence of drugs or alcohol (DUI/DWI)

Many states use a point system, assigning each traffic offense a point value. When a motorist receives too many points within an assigned period of time, their driver's license can be suspended or revoked.

Some states also will suspend or revoke your license if you owe unpaid child support. You can typically reapply for a license after a revocation, but there is a waiting period.

Driving in Other States

If you have a valid driver's license in one state, you can legally drive in all other U.S. states. But, if you move to another state, you'll need to get a new driver's license from that state. Some states require you to take a driving test to get a new license, while others only need a written or vision test.

Moving to a new state means you intend to stay in the state. For example, an out-of-state college student or an employee who must move temporarily for work typically doesn't need to get a new driver's license.

If you get a traffic ticket in another state, it will likely affect your driving record in your own state. A driver's license suspension will usually follow you across state lines.

Getting a Driver's License

Getting a driver's license (including the minimum age) varies by state. Some states allow drivers to legally drive (with a learner's permit) as soon as their 14th birthday. These include:

• Alaska
• Arkansas
• Iowa
• Kansas
• North Dakota
• South Dakota

Check with your local department of motor vehicles (DMV) or equivalent agency for the details on your state's driver's licensing policies.

Most states require drivers to get a learner's permit (or instructional permit) before they are eligible for a driver's license. Motorists must hold their permit for a set amount of time, usually six months for drivers under 18 years of age. In some states, this duration is shorter for adult drivers (usually three months). Drivers must pass a written test (knowledge test) and prove state residence.

Permit holders must then practice driving under the supervision of an adult, licensed driver in the front passenger seat. Underage drivers may need to complete a set amount of hours of driving experience and an approved driver education course. These programs are often available as part of a high school's curriculum. Some private organizations also offer this driver training (for a price).

Once you have completed all driver education requirements and held your learning permit for the required time, you can apply for your driver's license. This includes a driving test (also called a skills test or road test) where an examiner will assess several things, including:

• Knowledge of traffic laws and driving skills
• Ability to control the vehicle
• Awareness of your surroundings

You will also need to pass a vision test.

Graduated Driver's Licenses

Teen drivers are often granted a graduated driver's license (DGL). These gradually introduce new drivers to the rules and safety guidelines of driving with a tiered licensing approach. The goal of a GDL is to limit high-risk driving for young drivers and reduce accidents.

A GDL typically involves three stages:

1. Learner's permit or instructional permit
2. Provisional license with specific driving restrictions
3. Unrestricted driver's license and full driving privileges

Each stage of the graduated license has specific requirements and rules. Most GDLs restrict nighttime driving through a curfew, cell phone usage, and the number of underage passengers allowed in the vehicle.

Full license issuance happens only if the driver hasn't caused accidents or received any seat belt or moving violations during the provisional stage.

Administrative License Suspension Laws

Generally speaking, you have a right to due process, meaning you can't be punished without the proper legal proceedings. These legal proceedings include notice and a hearing. But, Administrative License Suspension (ALS) laws allow states to automatically suspend a driver's license without notice or a hearing.

While ALS laws are state-specific, the most common example is when there is a DUI offense.

Most states have "implied consent" laws, meaning you give implied consent to submit to a breath, blood, or urine test if an officer suspects you're driving under the influence. Refusal to submit to one of these tests after a proper traffic stop will typically result in an automatic suspension of your driver's license.

The automatic suspension will happen whether you were under the influence. If you do submit chemical testing for a DUI, and your blood alcohol level is above the legal limit, or you have certain drugs in your system, most states will automatically suspend your license. The suspension can last anywhere from several days to years, depending on the specific laws of your state.

Questions about Driver's License Laws? Get Legal Help

There are several reasons you may want to speak with a traffic law attorney.

• Your teen has violated their graduated driver's license requirements
• The state has suspended your license due to too many driver's license points or non-payment of child support
• Law enforcement has cited you for a traffic violation, and you want to know your legal options

You can navigate many aspects of driver licensing yourself. But if the stakes are high or you need expert legal advice, it is worth contacting a traffic law attorney in your area. An experienced attorney can help you better understand your area's driving laws, defend you in traffic court, and more.