Driving Without a Valid Driver's License: State Laws

Driving without a valid driver's license is a crime in all 50 states. Each state outlines the specifics of this traffic offense in its traffic laws or motor vehicle code.

Motorists must hold a valid driver's license to drive on public roads legally. A driver's license ensures that drivers know how to operate a vehicle safely and understand the rules of the road. If you drive without a license, you risk a ticket or even an arrest, depending on the situation and the state.

Laws for driving without a license cover several variations of restricted driving privileges, including:

• Driving with a suspended license
• Driving with a revoked license
• Driving with an expired license
• Driving with only a valid learner's permit or otherwise not authorized to drive

The table at the end of this article includes links for each state's specific statutes.

Classification of Charges

Driving without a license is more than just a simple traffic ticket. It is a criminal offense. This means it is a violation punishable under criminal law and will go on your criminal record.

The classification associated with a driving-without-a-license charge varies by state. Most states classify a first-time offense as a second-degree misdemeanor. Subsequent offenses or those with aggravating factors can be classified as felonies.

Depending on the severity of the situation, some cases can be heightened to a more significant charge. Some factors that can elevate the charge include:

• Repeat offenses of driving without a license
• Involvement in a collision with other vehicles or pedestrians (especially if the collision results in a serious injury or death of a person)
• Driving with a suspended license that was a result of driving under the influence (DUI/DWI)

Some states allow an exception for driving without a license for emergencies. You must appear in court with a necessity defense to have a charge excused due to a true emergency. This means you must prove the severity of the emergency justified breaking the law by driving unlicensed.

Penalties for Driving Without a Valid License

Consequences for driving without an invalid or suspended license vary by state. The penalties you'll face for this charge also depend on the circumstances of the offense and any previous violations.

First and second offenses both carry hefty fines and potential jail time. The amount of the fine and jail time depends on the state's law and the specifics of the offense.

If you have lost your driving privileges because of a DUI and police catch you driving, you can expect even steeper penalties.

Even first offenses will typically increase the period of time of your license suspension or revocation. You will have to wait longer to be a legal and licensed driver again. Some states (like North Carolina) will permanently cancel your license after a third or subsequent offense.

This charge will also go on your driving record and your criminal record. It is also reported to insurance companies, meaning you will likely see an increase in your auto insurance premiums.

Driving Without a License Out of State

Most states share information about traffic violations and license suspensions. Usually, the law enforcement agency in the issuing jurisdiction will notify your home state's Department of Motor Vehicles (DMV) about the offense. This means you will face consequences in your home state even if the violation occurred in a different state.

Depending on the severity of the offense, unlicensed drivers may need to make a court appearance in the state of the citation.

Table of Driver's License Laws by State

Find each state's specific statutes for driving without a license in the table below.

Driving Without a License Offense? Get Legal Advice

Driving without a license is a serious offense. You may face serious sanctions for this charge, depending on the circumstances. You can talk to a traffic ticket attorney in your area who can help you determine your next steps. An experienced attorney can protect your rights and help you right a driving-without-a-license charge.

Using the strongest defense possible in court may relieve you of a major fine, increased insurance rates, further restriction of your driving privileges, and even jail time.

If you are facing a more serious charge on top of driving without a license, you may want to talk to a criminal defense attorney in your area. You will want an attorney to help you get the best possible outcome for your case.