What If You’re Caught Driving Without A License? (2025)
Summary
- Driving without a license is illegal in every state
- In most states, it’s a misdemeanor that may come with fines and jail time
- If you’re arrested, contact a criminal defense lawyer right away
Many people who drive without a license justify doing so because they think their risk of getting into car accidents or being pulled over is relatively low. However, getting behind the wheel if you don’t have a current license is a bad idea. Here’s a look at some of the key laws around driving without a license.
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Is Driving Without a License Illegal?
The short answer is yes. In every state, driving without a valid license is illegal. Some jurisdictions may simply issue a traffic ticket, but in most areas, driving without a license is a criminal offense.
It’s worth noting that in some cases, driver’s license violations aren’t the result of someone deliberately trying to figure out how to drive without a license. There are more ways to break the law around driver’s licenses than many people realize. These are some common situations where you could be arrested for driving without a license:
- Your license is expired, and you haven’t renewed it
- Your license has temporarily been suspended
- You moved to a new state and are still using your old driver’s license after the legal grace period
- Your driver’s license has already been permanently revoked
- You were pulled over and are unable to prove you’re licensed
To avoid accidental violations, you should always make sure you know your state’s licensing laws. You should also be mindful of your driver’s license expiration date and renew it before it expires.
Is Driving Without a License a Misdemeanor or Felony?
In most states, driving without a license is a misdemeanor. If you’re convicted, you will have a criminal record. However, having a misdemeanor on your record doesn’t have the same far-reaching effects as being convicted of a felony.
Driving without a license generally isn’t a felony. However, drivers who repeatedly violate the same law are considered habitual offenders, and they might be charged with a felony based on that designation.
If you’re caught driving without a license while committing another crime (like DUI), the fact that you had no license may be an aggravating factor. Aggravating factors tend to worsen the consequences of a crime. If there are sufficient aggravating factors, a misdemeanor charge may be elevated to a felony.
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What Are the Consequences of Driving Without a License?
If you get pulled over without a license, what happens? The officer will typically ask to see your driver’s license and your car’s registration. If you are properly licensed but just left your wallet at home, you’re unlikely to be arrested. However, if you are deliberately driving with no license, you may be arrested.
If you are ultimately convicted, you’ll likely face penalties like these:
Tickets
For relatively minor violations, you might just receive a driving without a license ticket. This ticket may come with a small fine, and you might be required to prove you have a valid license in court.
Fines
Often, you must pay a fine for driving without a license. The amount of that fine can vary considerably by state.
Jail Time
Can you go to jail for driving without a license? You can, although it’s relatively uncommon. For example, Illinois state law allows for someone caught driving without a license to be sentenced to up to a year in jail.
Vehicle Impounds
Some drivers arrested for driving without a license continue to violate the law after arrest. In an attempt to stop that from happening, some states impound your vehicle if you’re caught driving with no license. For example, California may impound your car for up to six months for a first conviction and up to 12 months for subsequent convictions.
Other Financial Impacts
Not all of the consequences are legal penalties. Many unlicensed drivers don’t have car insurance. If you get in an accident without insurance and you’re determined to be at fault, you will likely be held personally liable for the injured driver’s medical costs and other expenses.
When you have car insurance and are sued for an accident, your insurer usually pays your car accident lawyer fees. Without insurance, you’re responsible for paying for your own legal defense.
When Can You Drive Without a License?
A current driver’s license is required to drive a vehicle on public roads. However, you may legally operate a vehicle without a license on your own private property.
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Have You Been Arrested for Driving Without a License?
An arrest for driving without a license isn’t as life-altering as an arrest for a more serious offense. However, it can still have significant negative effects.
There’s no foolproof way to have the charges dismissed or be found not guilty. However, you can dramatically increase your chances of a positive outcome when you work with an experienced defense lawyer.
If you’re like many people charged with a minor crime, you might know you need a defense lawyer but be unsure of how to find one. At ConsumerShield, we aim to make your search as streamlined as possible.
When you send us your case information, we’ll start matching you with qualified attorneys in your area. Fill out our contact form below to get started with a free case review.
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Frequently Asked Questions
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Penalties depend on your location. You might receive a traffic ticket or be charged with a crime, and penalties may include fines, license suspension, vehicle impound, and even jail time.
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That depends on the situation. If you just received a traffic ticket, you likely won’t need to go to court. However, if you were arrested for a criminal offense, you probably will.
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Usually, it is not. However, if there are aggravating circumstances, you could be arrested for a felony. For example, if your license was suspended after multiple DUI accidents and you’re caught driving without a license again, some states may charge you with a felony.
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Usually, you can — but you may not be able to get it right away. If your state imposes a license suspension for driving without a license, you should be able to get your license once that period has passed.