According to the National Highway Traffic Safety Administration (NHTSA), about 20% of all fatal crashes in the United States involve unlicensed drivers. That’s not just a scary statistic—it’s a clear sign that unlicensed driving isn’t taken lightly. But many people aren’t even sure whether driving without a license is a felony or just a simple traffic offense.
What Does It Mean to Drive Without a License?
Before diving into legal jargon, it’s essential to clear up what “driving without a license” actually means. Because not all cases are treated the same way.
There are 3 key scenarios:
1. Never Had a License
You’re behind the wheel, but you’ve never applied for or obtained a valid driver’s license.
2. License Is Suspended or Revoked
You once had a license, but it’s no longer valid due to a DUI, traffic violations, unpaid fines, or medical issues.
3. Forgot License at Home
You do have a valid license, but you’re not carrying it with you.
These three situations result in different penalties, and only some can lead to felony charges.
Is Driving Without a License a Felony?
No, driving without a license is usually a misdemeanor or infraction, but it can become a felony under certain conditions.
| Violation | Classification | Possible Penalty |
|---|---|---|
| Driving without ever being licensed | Misdemeanor or infraction | Fines, possible jail time (up to 6 months) |
| Driving with suspended/revoked license | Misdemeanor or felony | Higher fines, jail time, felony in repeat cases |
| Forgetting to carry a valid license | Typically an infraction | Small fine (e.g., $25–$250), no jail |
Learn More: Is Resisting Arrest a Felony? State Laws & Penalties
Federal vs. State Law: Who Decides the Penalties?
There’s no federal law that specifically makes driving without a license a felony across all states.
Each state sets its own rules and penalties.
Some states are lenient. Others, not so much.
State-by-State Examples: Legal Consequences of Driving Without a License
| State | Offense Type | Penalties |
|---|---|---|
| Alabama | Misdemeanor | Fine up to $500, up to 180 days in jail |
| Alaska | Class B Misdemeanor | Up to $2,000 fine, 90 days in jail |
| Arizona | Class 1 Misdemeanor | Up to $2,500 fine, 6 months in jail |
| Arkansas | Misdemeanor | $100–$500 fine, up to 90 days in jail |
| California | First Offense (VC 12500): Misdemeanor or Infraction | Up to $1,000 fine and 6 months in jail. Vehicle impoundment for repeat offenses |
| Colorado | Class 2 Misdemeanor | Up to $750 fine, 3–12 months in jail |
| Connecticut | Misdemeanor | $75–$90 fine (first offense), up to $200 and 90 days in jail (repeat) |
| Delaware | Unclassified Misdemeanor | Fine of $50–$200 (first offense); up to $500 and/or 6 months jail (repeat) |
| Florida | 2nd-Degree Misdemeanor | Up to $500 fine or 60 days in jail. Suspended license + prior = 3rd-degree felony |
| Georgia | Misdemeanor | $500–$1,000 fine, up to 12 months in jail |
| Hawaii | Misdemeanor | Up to $1,000 fine or 30 days in jail |
| Idaho | Misdemeanor | $150–$1,000 fine, up to 6 months in jail |
| Illinois | Class A Misdemeanor | Up to $2,500 fine, 1 year jail. Third offense = Class 4 felony |
| Indiana | Class C Misdemeanor | Up to $500 fine and 60 days in jail. Suspended/revoked = Class A |
| Iowa | Simple Misdemeanor | Fine up to $625 and 30 days in jail |
| Kansas | Class B Nonperson Misdemeanor | Up to $1,000 fine and 6 months in jail |
| Kentucky | Misdemeanor | $20–$100 fine, or 2–90 days in jail |
| Louisiana | Misdemeanor | Fine of $100–$500, up to 6 months in jail |
| Maine | Traffic Infraction | Civil fine up to $250. Suspended license = Criminal charge |
| Maryland | Misdemeanor | Up to $500 fine and 60 days in jail (first offense); 1 year jail for repeat |
| Massachusetts | Misdemeanor | $100–$1,000 fine, possible jail time |
| Michigan | Misdemeanor | Up to $500 fine and 93 days in jail |
| Minnesota | Misdemeanor | Up to $1,000 fine, 90 days in jail |
| Mississippi | Misdemeanor | $200–$500 fine, up to 6 months jail |
| Missouri | Class D Misdemeanor | Up to $500 fine. Repeat = Class A Misdemeanor |
| Montana | Misdemeanor | $100–$500 fine, up to 6 months jail |
| Nebraska | Infraction (first), Misdemeanor (repeat) | Up to $500 fine |
| Nevada | Misdemeanor | Up to $1,000 fine, 6 months in jail |
| New Hampshire | Misdemeanor | Fine up to $1,200, potential jail time |
| New Jersey | Traffic Offense | Fine of $200–$500. Possible license suspension up to 6 months |
| New Mexico | Misdemeanor | $300–$1,000 fine, up to 90 days in jail |
| New York | Traffic Infraction | Fine: $75–$300. Aggravated unlicensed operation = Misdemeanor or felony |
| North Carolina | Class 3 Misdemeanor | Up to $200 fine, 20 days in jail (repeat offenses harsher) |
| North Dakota | Class B Misdemeanor | Up to $1,500 fine and 30 days jail |
| Ohio | First Offense: Misdemeanor of 1st Degree | Up to $1,000 fine and 180 days in jail |
| Oklahoma | Misdemeanor | Up to $500 fine and 30 days in jail |
| Oregon | Class A Misdemeanor | Up to $6,250 fine and 1 year in jail |
| Pennsylvania | Summary Offense (first); Misdemeanor (repeat or suspended license) | Fine $200–$1,000, jail up to 90 days |
| Rhode Island | Civil Violation (first); Misdemeanor for repeat/suspended | $250–$500 fine. Second offense = up to 3 months in jail |
| South Carolina | Misdemeanor | Up to $300 fine and/or 30 days in jail |
| South Dakota | Class 2 Misdemeanor | Up to $500 fine and 30 days jail |
| Tennessee | Class C Misdemeanor | $100–$500 fine, 30 days jail. Repeat = Class B or A |
| Texas | Class C Misdemeanor | Fine up to $200. If injury or repeat = Class A Misdemeanor or felony |
| Utah | Class C Misdemeanor | Up to $750 fine, 90 days jail |
| Vermont | Civil Violation (first offense) | Fine up to $300. Repeat offenses = Criminal charges |
| Virginia | Class 2 Misdemeanor | Up to $1,000 fine, 6 months in jail. Repeat = Class 1 Misdemeanor |
| Washington | Misdemeanor (RCW 46.20.005) | Fine up to $1,000 and/or 90 days jail |
| West Virginia | Misdemeanor | Fine of $100–$500. Jail up to 6 months |
| Wisconsin | Civil Infraction (no prior); Misdemeanor (repeat/suspended) | Fine up to $200 (first offense); Jail possible on repeat |
| Wyoming | Misdemeanor | Up to $750 fine, 6 months in jail |
When Does It Become a Felony?
A felony charge can apply if:
- You’re caught multiple times driving without a license
- Your license was suspended for a serious offense like DUI
- You caused an accident while unlicensed—especially if it resulted in injury or death
- You were driving commercially (CDL) without the proper license
Legal Penalties You Could Face
Let’s list what penalties are on the table if you’re caught driving without a license:
1. Fines
- Range from $100 to over $5,000 depending on the state and severity
2. Jail or Prison Time
- For misdemeanors: Up to 1 year
- Felonies: 1–5 years in state prison
3. Vehicle Impoundment
- Some states (like California) can impound your car for 30 days
4. Court-Ordered Probation
- Up to 3 years in some states
5. Permanent Criminal Record
- Misdemeanor or felony conviction can impact your job prospects, immigration status, and background checks
Case Study
In Los Angeles, California, a man was arrested for driving with a suspended license. It was his third offense, and he had a prior DUI. The judge ruled it as a felony, and he served 16 months in state prison.
What Happens in Court If You’re Charged?
If you’re caught, here’s what typically happens:
- You get cited or arrested
- You must appear in traffic/criminal court
- You may be offered a plea deal
- The judge considers past offenses and circumstances
- You’re sentenced (fine, probation, jail, etc.)
Legal Tips If You’re Caught Without a License
- Don’t ignore the citation. Show up in court—ignoring it could lead to an arrest warrant.
- Hire a criminal defense attorney—especially if you’re facing a misdemeanor or felony.
- Ask the court if you’re eligible for a restricted license (e.g., work purposes).
- Never drive again until licensed—a second charge will make your case worse.
Final Thought
Driving without a license might sound like a minor issue—but the law doesn’t see it that way. Depending on your state, past history, and the details of the incident, you could be looking at a misdemeanor fine or a felony record with prison time.
If you want to avoid massive legal headaches, fines, and possibly jail, don’t drive without a license—simple as that.
FAQs
Can You Go to Jail for Driving Without a License?
Yes, jail time is possible, especially if you’re a repeat offender or caused an accident.
Is It a Felony to Drive With a Suspended License?
It can be, particularly if it’s not your first offense or if your license was suspended due to a DUI.
Will This Go on My Permanent Record?
Yes. A misdemeanor or felony conviction will be part of your criminal record and show up in background checks.
Can This Affect Immigration Status?
Absolutely. Felony convictions can make you inadmissible or even deportable, depending on the circumstances.
Is There a Way to Get Charges Dropped?
Sometimes. With a good lawyer, first-time offenders may get charges reduced or dismissed, especially in infraction-level cases.
