Driving without a California drivers license is a crime that shouldn’t be taken lightly. The offense includes:
Driving without ever having obtained a drivers license.
Driving with a suspended or revoked drivers license.
Driving with an expired drivers license.
And, of course, driving with a valid drivers license but neglecting to have it with you.
The least serious of the three is having a California drivers license and just failing to bring it along for the ride. You’ll probably be charged an infraction under California Vehicle Code Section 12951. Once you prove to the court that you do have a valid California drivers license, the charge is dismissed and it will not go on your record as a criminal violation. Whew!
However, you’re not let off the hook THAT easy. Fines for infractions can be up to $250, not including fees.
Driving With a Suspended, Canceled or Revoked California Drivers License
Driving without a drivers license is not the same crime as driving with a suspended, canceled or revoked license - a much more serious offense. If your license was canceled, revoked or suspended by authorities, you will be charged with a misdemeanor.
Under vehicle code 14601, this means you may be subject to imprisonment in a county jail for no less than five days and no more than six months and a fine of no less than $300 and no more than $1000. You may also be penalized with up to three years of informal probation or up to 30 days of car impoundment. If your car is impounded, you are subject to paying both the towing and impoundment fees for 30 days which could add up to over $1,000. In some cases, the car may have to be forfeited and sold at an auction.
One example of someone driving on a suspended or revoked license would be a driver who is currently suspended for a DUI conviction. This offense carries a minimum jail sentence of 10 days for a first sentence and 30 days for a second, as well as an installation of an Ignition Interlock Device inside the offender’s vehicle.
Driving With an Expired California Drivers License
If you are driving with an expired California drivers license, you may get charged with a misdemeanor, but oftentimes prosecutors are willing to reduce the penalty to an infraction if you’re able to get a new license in a reasonable period of time.
This offense includes recent transplants from out of state since California requires you to obtain a California drivers license even if your previous home state license is still valid. If a Texan moves to California (who would ever do that, right?) and continues to drive with his or her Texas drivers license, the driver will be charged with driving without a license. But this case would likely be reduced to an infraction if the driver could obtain a new California license within 20 days.
Driving Without a Valid Drivers License
Driving without a valid drivers license (whether you’re not old enough or just never got around to taking the test) is likely to result in a more serious crime than an infraction, but again first time offenders will always face lighter penalties and corrective measures.
If you’re caught driving without a license in California it will be charged as a misdemeanor or infraction. The maximum penalty for the misdemeanor is six months in jail and a $1,000 fine. If you luck out and it’s only counted as an infraction the penalty is a $250 fine.
The best solution in any of these cases is to:
1) Take a California drivers ed course and get a valid license
2) Renew your drivers license before it expires
2) Make sure you carry your license with you whenever you’re in the car.
3) Follow all rules when you’re license is suspended, canceled or revoked to avoid further penalties. You earned that license once, don’t let that privilege be taken away with a careless mistake.
Follow these simple steps and you’ll never have to worry about driving without a license in California!