Driver’s Licenses and the Right To Travel

The U.S. Constitution provides the legal foundation for many of the fundamental rights we enjoy. Some of these rights are explicitly stated in the Constitution’s text, such as the First Amendment freedom of speech. Other rights are implied, meaning that the Supreme Court has determined they exist based on other rights and liberties present in the text.

One such implied fundamental right is the freedom of movement, also known as the right to travel. In this article, we’ll explain the basics of the right to travel and how it relates to driver’s license requirements. If your license has been suspended or you received a traffic ticket related to driving without a license, consider getting legal advice from a local attorney. They can provide more detailed answers to your legal questions based on state law.

Understanding Your Right To Travel

The right to travel primarily stems from Article IV and the Fourteenth Amendment of the Constitution. Article IV requires states to grant the same privileges and immunities to visitors that they do to residents, while the Fourteenth Amendment guarantees “equal protection of the laws.”

The Supreme Court has also long recognized a right to move freely between states, although the origins of this are less clear. Through a series of court decisions over the last 200 years or so, these ideas developed into the fundamental right to travel.

In general, this legal right means you can move around areas of the U.S. without the government impeding you. A state can’t keep you stuck within its borders or prohibit entry. States must uphold the rights of all individuals within their jurisdiction, regardless of whether they are residents or merely passing through.

Supreme Court Cases on the Right To Travel

Over the years, the U.S. Supreme Court has ruled on several cases that affect the right to travel, including:

• Hendrick v. State of Maryland (1915): Explains the basic relationship between local driving laws and the right to travel. In this case, the Supreme Court affirmed that states have the power to regulate their roads for public safety, which includes requiring licenses and vehicle registration for both residents and non-residents.
• Shapiro v. Thompson (1969): Concerns whether waiting periods for state welfare benefits deter interstate travel. The Court held that state “durational residency” requirements for public assistance violated the Fourteenth Amendment.
• Sáenz v. Roe (1999): Evaluates how the right to travel impacts equal treatment between states. This case also focused on public assistance programs. The Court held that states cannot withhold benefits from residents just because they had recently moved to the state.

Cases like Shapiro and Sáenz reinforced the idea that the right to travel is not an unregulated right to operate a vehicle. Instead, it ensures that people are treated equally from one state to the next.

Theories have circulated online that the right to travel means a person does not need a driver’s license to operate a vehicle on public roadways. This is not correct. The U.S. Constitution protects the right to travel, but that is not the same as the legal privilege of driving a motor vehicle on public highways.

Freedom of Movement Has Limits

Rights can be subject to limitations. For example, you have a right to free speech, but as the Supreme Court noted in Schenck v. United States, that doesn’t mean you can falsely yell “Fire!” in a crowded theater without consequences.

Along the same lines, your right to travel under U.S. law doesn’t include the right to use a particular mode of travel, such as a motor vehicle or airplane. You must still qualify for the transportation mode. For example, you need to purchase a plane ticket and pass through a security inspection before a flight. Cities can also require payment for public transport.

Driving poorly or without adequate training could harm others. It is in everyone’s best interests to ensure all drivers who share the road know what they are doing. As a result, state governments can require motorists to have a valid driver’s license on public roads without violating their constitutional rights. The right to travel doesn’t mean you can drive without a valid driver’s license and proper vehicle registration.

Are Driver’s License Laws Constitutional?

Public safety can sometimes override individual freedoms, as seen in contexts such as driving. Roads and highways are public infrastructure. Dangerous driving has the potential to harm others and their property. Travel is a right, but driving is a privilege.

No matter your state, you must have a valid driver’s license. You also need all endorsements for the type of vehicle you are operating, such as motorcycle or commercial vehicle endorsements. Driving without a license can result in significant charges.

Even after getting a license, your permission to drive could be temporary. The right to travel doesn’t mean you can go wherever and however you please. For example, you can’t drive where there is a road closure or on private property.

States can use license penalties and police powers to protect highway safety. A police officer can lawfully stop you on the road if they observe a traffic violation or have reasonable suspicion of unlawful activity without violating your rights. State courts and administrative agencies can suspend or revoke your driving privileges for various reasons, including:

• Criminal convictions
• Accumulation of traffic violations
• Failure to pay fines
• Failure to maintain required insurance

There are other ways to lose a license as well.

What Happens if You Drive Without a Valid License?

Operating a motor vehicle without a valid driver’s license is a criminal offense in all states. Courts take these violations seriously, but the specific consequences depend on the circumstances and the laws of your state.

Penalties for Driving Without a License

The penalties for driving without a license vary by state, but common consequences include:

• Fines: First-time offenders typically face fines ranging from $50 to $500 or more, depending on the state. Some jurisdictions impose higher fines if you’ve never obtained a license (known as a “willful violation”) versus simply forgetting to carry it with you (a correctable offense).
• Jail time: While less common for first offenses, some states allow jail sentences ranging from a few days to several months. Repeat offenses substantially increase the likelihood of incarceration.
• Vehicle impoundment: Law enforcement may impound your vehicle if you’re caught driving without a license. You’ll have to pay towing and storage fees to retrieve it, which can be expensive. Some states require proof of a valid license before releasing the vehicle.
• Points on your driving record: Many states assess points against your driving record even if you don’t yet have a license. These points can affect your ability to obtain a license in the future and may increase your insurance rates once you’re licensed.

Repeat violations carry escalating penalties. A second or third offense may result in mandatory jail time, higher fines, longer license ineligibility periods, and extended vehicle impoundment.

Driving on a Suspended or Revoked License

Driving while your license is suspended or revoked is a more serious offense than never having obtained a license at all. This is because the state has already determined you are unfit to drive, often due to prior traffic violations, DUI convictions, or failure to maintain insurance or pay fines.

The penalties for this offense are substantially harsher and include:

• Steeper fines: Fines often range from $500 to $2,500 or more. The amount varies depending on the reason for suspension and the laws of your state.
• Mandatory jail time: Many states impose mandatory minimum jail sentences for driving on a suspended or revoked license, particularly for repeat offenses. Sentences can range from a few days to a year or more in jail.
• Extended suspension or revocation: Your license suspension or revocation period will likely be extended, sometimes by years. You may also face additional requirements to reinstate your license, such as completing driver education courses or installing an ignition interlock device.
• Criminal record: While a first-time unlicensed driving offense may be classified as a misdemeanor or even an infraction in some states, driving on a suspended or revoked license is charged as a misdemeanor in most cases. Multiple offenses may be charged as felonies in some jurisdictions, resulting in a permanent criminal record that can impact employment, housing, and other opportunities.
• Increased insurance costs: Once you regain your driving privileges, you’ll likely face substantially higher insurance premiums. Insurers view drivers with these violations as high-risk.

The severity of penalties often depends on why your license was suspended or revoked. Driving on a license suspended for DUI often carries harsher penalties than driving on a license suspended for unpaid parking tickets.

Get Legal Advice on Traffic Laws

States can regulate your travel with driving laws, but there is a fine line between respecting and violating your rights. You may have grounds for legal action. An experienced attorney can give advice and help protect your driving privileges.