Is it illegal to drive without a license on you

Driving without a license is illegal in every state, but most states differentiate between operating a vehicle without a valid driver's license and driving a vehicle without proof of a driver's license (such as when a driver fails to physically carry their valid driver's license). While you won't be arrested for simply failing to grab your wallet before getting behind the wheel, it's a much more serious offense to drive with the knowledge that your license is suspended or otherwise invalid.

Penalties for driving without a license or failing to produce a license when stopped by a police officer range from "fix-it tickets" to vehicle impoundment or even jail time (for driving on a revoked license, for example).

Types of Driver Licensing Violations

A motorist may violate a driver's license requirement in a number of ways. Perhaps it was an honest mistake (for example, Jake left his driver's license at home) or maybe there was an attempt to circumvent a known driving restriction (for example, Jake willingly drove despite knowing that his license was suspended for DUI.)

Here are the most common types of violations related to driver's licenses:

• Failing to apply for a state-issued drivers license within the time allowed.
• Driving with an expired license.
• Driving with a license that has been temporarily suspended.
• Driving with a license that has been permanently revoked.
• Failing to show proof of a valid license when driving or operating a vehicle.

Penalties for Driving Without a License

Failure to produce a valid driver's license when asked by a police officer can lead to a number of penalties depending on the circumstances. Charges typically fall into one of two categories: correctable offenses and willful violations.

Correctable Offenses

Simply forgetting to carry your driver's license while driving a vehicle may lead to a "fix-it ticket," where you must later show proof that you fixed the violation in order to have the citation dismissed by the traffic court. Failure to present this evidence typically leads to fines or other penalties.

Willful Violations

Penalties for willful violations of licensing requirements, such as driving on a suspended or revoked license, are much more serious. Driver's licenses are frequently suspended for DUI offenses, since states have an interest in keeping dangerous drivers off the roads. Therefore, when a driver willfully drives with a suspended or revoked driver's license, they may be cited, arrested, and charged with a misdemeanor offense.

Driving Without a License: Examples of State Laws

The following examples illustrate the range of penalties for operating a vehicle without a valid driver's license from state to state:

• Washington: You may receive a jail sentence if a judge determines that you're a habitual offender.
• Illinois: Two-month suspension for the first offense of driving without a valid license; possible jail sentence of up to one year for driving with a suspended driver's license.
• California: Your car may be impounded for 30 days; you must appear in court (or have an attorney appear on your behalf) if the offense accompanies a DUI or other charge; simply forgetting to have your license while driving is an infraction.
• New York: $40 to $300 fine for an expired license; misdemeanor charge of "Aggravated Unlicensed Operation" (2nd or 1st degree) for multiple suspensions or DUI-related suspensions, with possible felony charge (which can carry a jail sentence).

In Trouble for Driving Without a License? Get Legal Help

Most traffic tickets involve infractions and can be handled without the help of a legal professional, often through the mail. But if you're facing license suspension, license revocation, or jail time, you may wish to speak with a local traffic ticket lawyer who can help defend you against the charges.

Driving without a license is a crime in all states, including Georgia. However, there’s a difference between not having a valid license at all and simply forgetting your legally issued license at home. Both have consequences, but the former is more serious.

If you need assistance with a driving without a license charge in Georgia, our attorneys are standing by and ready to help.

What Does a Driving without a License Charge in Georgia Entail?

Someone could be charged with driving without a license if:

• They drove while their license was revoked, suspended, or canceled
• Their license expired and wasn’t renewed
• They never applied for a driver’s license at all

What if This Is Your First Offense?

A first-time driving without a valid license violation in Georgia can include:

• Minimum $500 fine (this is mandatory)
• Two days in county jail
• Driver’s license suspension for two months

The above refers to the first offense within the last five years. If the driver is caught driving without a valid license a second time within five years, the penalties are fines between $1000 and $2500, minimum of 10 days in jail, and additional license suspension time.

A second or third conviction within five years is considered a high and aggravated misdemeanor. If there is a fourth conviction within five years, it’s a felony.

Does This Charge Go on Your Permanent Record?

A conviction for driving without a license will also go on a driver’s permanent criminal record and their fingerprints will be sent to the Georgia Crime Information Center (GCIC) for any future tracking purposes.

In addition, someone can be arrested for driving without a license if they recently moved to Georgia but didn’t apply for a new state-issued license soon enough. You must do this at the Georgia DMV within 30 days of moving to Georgia from another state. Missing this deadline will cause your current license to expire, even if the listed expiration date hasn’t passed, and leave you without a valid license.

How Does a “Driving without a License on Person” Charge in Georgia Work?

When a driver actually has a valid license but they don’t physically possess it at the time of being pulled over, this can be referred to as “driving without a license in possession” or “driving without proof of license.” For example, someone gets into their car to drive to work and is pulled over for speeding. When the officer asks to see their driver’s license, the driver realizes they accidentally left it at home with their wallet.

There is a separate charge in Georgia for driving without a license in your possession. Under OCGA §40-5-29, a driver’s license is “to be carried and exhibited on demand”:

• Every person issued a driver’s license should have it on their possession when operating a car or other motor vehicle
• Every driver with a license should show their license when requested by a law enforcement officer
• Anyone convicted of this violation who provides a valid license in court will be fined no more than $10

However, the lines sometimes get blurred. A driver could be charged with having no valid license at all if the officer can’t confirm the driver’s identity. Charges may also be altered later if the driver can present proof of a valid license.

So, “driving without a license on person” means the driver does hold a valid license—just not physically at the time they are stopped. The officer who pulled them over may be forgiving and simply issue a traffic citation. The driver could then appear before the court and present their license to have the citation dismissed or reduced.

Can Someone Be Arrested for Forgetting Their Valid License?

Simply not having your license won’t usually lead to an arrest if the license is valid. However, the driver could still face a misdemeanor penalty until they fight the charge by presenting their license at a hearing.

The license must have been valid at the time of the traffic stop. If the driver can demonstrate this, they will avoid all other penalties except the above-mentioned fine of up to $10.

Driving without a License from Out of State

If a driver is pulled over for not having a valid license and they are not a resident of Georgia, they will likely be arrested to post a bond if they can’t present a license.

Officers typically use discretion when deciding how to handle a driving without a license situation. A lot depends on the likelihood of the driver to appear in court.

Were You in a Car Accident with an Unlicensed Driver?

Everyone who operates a motor vehicle in Georgia is required to hold a valid driver’s license. Driving without a license can lead to car accidents—or a hit-and-run accident if the driver tries to avoid detection.

If you’ve been hurt in an auto accident with an unlicensed driver, John Foy & Associates can help you with your personal injury claim. For a FREE consultation with one of our attorneys, call us today at 404-400-4000 or complete the online form on this page. Contact us today to get started with your free consultation.

Call or text 404-400-4000 or complete a Free Case Evaluation form

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