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Driving While Revoked, Suspended or Otherwise Unli

Driving While Revoked, Suspended or Otherwise Unlicensed: Penalties by State

7/24/2014

All 50 states and the District of Columbia issue driver’s licenses, and conversely, all have penalties for driving without a license. These penalties vary widely, but follow a similar theme: driving without a license is a serious offense that goes beyond a moving violation. Penalties generally involve fines, jail time or both.

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States     Citation Penalties  
Alabama
§32-6-19

Misdemeanor; $100-$500 fine, additional fine of $50; possible jail sentence of not more than 180 days; immediate vehicle impoundment.

Alaska
§28.15.291 Class A misdemeanor; 10 day suspended prison sentence provided at least 80 hours of community service are completed; $500-$1,000 fine; possible forfeiture of vehicle;

license suspension increased by 90 days.

Arizona
§28-3473
§28-3511
Class 1 misdemeanor; at least 48 hours in jail, $300-$500 fine; possible vehicle impoundment.
Arkansas
§27-16-303

Misdemeanor, two days to six months in prison, not more than $500 fine.

California

Veh. Code
§14601 and 
§14602.6

Up to six months in prison; $300-$1,000 fine; possible seizure of vehicle and immediate arrest; habitual offenders: 30-180 days in prison, $2,000 fine.
Colorado
§42-2-138

Misdemeanor; jailed more than six months and fined not more than $500; license suspension increased by one year.

Connecticut
§§14-215, 14-227h

Fined not less than $150 nor more than $200 or imprisoned for not more than 90 days or both. second and subsequent offense, fined $200-$600 or imprisoned not more than one year or both; if license suspended for a DUI offense, possible vehicle impoundment. 

Delaware
21 Del. C. §2756

First offense: 30 days to six months in jail, $500-$1,000 fine. Subsequent offense: 60 days to one year in jail, $1,000-$4,000 fine. Court may impound vehicle.

District of Columbia

ND.C. Code Ann.
§ 50-1403.01

Fine of up to $2,500, or imprisonment for up to one year, or both.
Florida
§ 322.34

First offense classified as second degree misdemeanor, not more than 60 days in jail and $500 fine; second offense classified as first degree misdemeanor, not more than one year in jail and $1,000 fine; in case of serious injury or death or repeat offenses: third degree felony, up to five years in prison and $5,000 fine. Possible vehicle impoundment.

Georgia
§40-5-121

Misdemeanor; imprisoned not less than two days nor more than 12 months; $500-$1,000 fine. For second and subsequent offense within five years, no less than 10 days in jail nor more than one year in jail. $1,000 - $2,500 fine.

Guam
No Information

 

Hawaii
§291E-62

Applies to DUI, first offense: Three to 30 days in jail $250-$1000 fine; and additional license revocation for one year; second offense within five years: 30 days in jail, $1,000 fine and additional revocation for two years; third offense within five years: one year in jail, $2,000 fine and permanent license revocation.

Idaho
§18-8001

Misdemeanor: jailed for two days to six months; up to $1000 fine; driving privileges suspended for an additional 180 days. For a second offense within five years: 20 days to one 1 year in jail; up to $1,000 fine: driving privileges suspended for an additional year. Subsequent offenses: 30 days to one year in jail; up to $3,000 fine; driving privileges suspended for an additional two years.

Illinois

625 ILCS
5/6-303

Class A misdemeanor: escalating jail time and community service requirements for repeat offenders. Possible license plate and vehicle impoundment. 

Indiana

Ind. Code Ann.
§ 9-24-19-1

Class A infraction: not more than 60 days in jail and not more than $500 fine.

Iowa
§321.218

Simple misdemeanor: $250 to $1,500 fine; license suspension extended for an additional like period or for one year, whichever period is shorter.

Kansas
§8-262

Class B nonperson for first offense, Class A nonperson for second offense. At least five days in jail at least $100 fine and the period of license suspension will be extended 90 days.Third and subsequent offenders with extenuating circumstances, will be imprisoned for 90 days and fined $1500.

Kentucky

§ 186.620
§189A.090
§532.020

First offense: Class B misdemeanor (less than 90 days in jail) additional six months of license suspension; second offense: Class A misdemeanor (90 days to one year possible prison sentence) additional one year license suspension; Third and subsequent offenses: Class D felony (at least one year in prison, not more than five); Licenses revoked for additional two years (five years for DUI).
Louisiana
§32:415

Drivers holding Class A, B or C licenses: Up to $5,000 fine and no more than six months in jail; Class D or E licenses: Up to $500 fine and no more than six months in jail, automatic suspension of license for an additional year. Fines and longer sentences apply to habitual offenders.

Maine

Title 29-A
§2412-A

If license suspended for DUI: minimum fine $600 and seven (7) days in jail, plus no less than one year nor more than three years. All other offenses: $250 fine for first offense and $500 fine for second and subsequent offenses.
Maryland

§16-303; 16-402(a)(11)
and (30); 27-101;
§ 27-111

Fine of not more than $1,000, or imprisonment for not more than one year, or both; three points to 12 points assessed against license. Vehicle may be impounded if suspension was result of DUI.
Massachusetts
Ch. 90; §23

$500 to 1,000 fine; imprisoned for not more than 10 days; Second and subsequent offense; 60 days to one year in prison, possible extension of suspension for 60 days or, for second offense, for one year.

Michigan
§257.904

For first offense: Not more than 93 days in jail, not more than $500 fine or both; for second offense: not more than one year in jail, not more than $1,000 fine or both. If unlicensed driver caused a fatality: not more than 15 years in jail, not less than $2,500 nor more than $10,000 fine or both. If unlicensed driver caused serious injury: not more than five years in jail, no less than $1,000 nor more than $5,000 fine or both. Court may seize vehicle for death or injury. Possible extension of license suspension.

Minnesota
§171.24

Misdemeanor or a gross misdemeanor if suspension was result of DUI. 

Mississippi
§63-11-40

Misdemeanor: 48 hours to six months in jail, $200 to $500 fine. Additional six month license suspension.

Missouri
§302.321

Misdemeanor. First violation: fine not to exceed $300. Second or third violations: imprisonment not to exceed one year and, or a fine not to exceed $1,000.

Montana
§61-5-212

Misdemeanor: two days to six months in jail, up to $500 fine; vehicle seizure for up to 30 days; possible additional suspension up to one year.

Nebraska
§60-4.108

Class III misdemeanor: First offense, not allowed to operate a motor vehicle for any purpose for one year (additional suspension); Subsequent offense: not allowed to operate a motor vehicle for any purpose for two years (additional suspension).

Nevada
§483.560

Misdemeanor: 30 days to six months in jail, $500-$1,000 fine; up to one year in prison for subsequent offenses.

New Hampshire
§263:64

Misdemeanor. No less than seven consecutive 24-hour periods in jail to be served within six months; up to $1,000 fine and an additional one year suspension.

New Jersey

N.J.S.A.
39:3-40

$500 fine, license suspension period increased by up to six months; if habitual offender and caused serious injury or death, not less than 45 days in jail.

New Mexico
§66-5-39

Misdemeanor: imprisoned for not less than four days nor more than 364 days; up to $1,000 fine; license suspended for an additional like period; vehicle may be immobilized for thirty days..

New York
V&T 511

$200-$500 fine, not less than 30 days in jail for aggravated unlicensed operation of a motor vehicle, vehicle can be confiscated; fines and jail time increased for habitual offenders.

North Carolina
§20-28

Class 3 misdemeanor; Class 1 misdemeanor if license suspended for alcohol-related offense: additional license suspension of one year for first offense: two years for second offense; and permanent for third and subsequent offenses.

North Dakota
§39-06-42

Class B misdemeanor: four days in prison, can impound license plate; Class A misdemeanor for fourth and subsequent offenses.

Ohio
§4507.02

Unclassified misdemeanor; fine up to $1,000 and up to 500 hours of community service; license plate can be impounded. 

Oklahoma
§47-6-303

Misdemeanor: $100 to $500 fine; license suspension extended by three months. If license suspended for alcohol related offense: fine between $500 and $1,000, license suspension extended by four months.

Oregon

Or. Rev. Stat. Ann.
§ 811.175

Class A traffic infraction; Class B felony if resulted from any degree of murder, manslaughter, criminally negligent homicide or assault resulting from operation of a motor vehicle or conviction for felony driving while under the influence of intoxicants. If the underlying suspension resulted from DUI, the court must impose a fine of at least $1,000 on first conviction and at least $2,000 for second or subsequent convictions. Possible vehicle impoundment. 

Pennsylvania

75 Pa. CSA

§1543

Summary offense: fine of $500 and imprisonment for 60-90 days; if license was suspended for alcohol-related offense, $1,000 fine and no less than 90 days in jail. If license was under suspension, an additional one-year suspension is added. If license was revoked, an additional two-years revocation is added.
Puerto Rico
No Information  
Rhode Island
§31-11-18

Misdemeanor: first offense - $250 to $500 fine, up to 30 days in jail; subsequent offense, $350 to $1,000 fine, up to one year in prison; additional one-year suspension of license.

South Carolina
§56-1-460

First offense: $300 fine or imprisoned for 30 days or both; second offense: $600 fine or imprisoned for 60 days or both; third and subsequent offenses: $1,000 fine and imprisonment not less than 90 days and no more than six months.

South Dakota

§32-23-3 – DUI
§32-12-65

If driving on a revoked license, Class 1 misdemeanor: one 1 year in jail or $1,000 fine or both; if driving on a canceled or suspended license, Class 2 misdemeanor: 30 days in jail or $200 fine or both; suspension extended for one year.
Tennessee

§55-12-131
§55-50-504

Class B misdemeanor; not more than 6 months or a fine up to $500 or both; license suspended for an additional like period.
Texas

Tex. Transp.
Code Ann.
§ 521.457;
Tex. Penal Code
Ann. § 12.23

Class C misdemeanor punished by a fine not to exceed $500; suspension is extended for same term as original suspension. Annual surcharge for 3 years of $100 - $250. 
Utah
§53-3-227

Class B misdemeanor: jail term not exceeding six months.

Vermont
§674

First offense: minimum fine of $300 or complete 40 hours of community service. Second offense occurring within five years: minimum fine of $750 or complete 80 hours of community service. Third offense occurring within five years: at least 12 days of preapproved furlough with community restitution.

Virginia

§46.2-301.1; §46.2-357

 

Class 1 misdemeanor – The vehicle being used in the violation will, upon the arrest, be impounded for 30 days by the arresting officer. If the violator’s license was suspended for DUI, an additional 90-day vehicle impoundment may be ordered by the court. In addition, an extra 90-day license suspension may be ordered for driving while license suspended. Virginia has a boot camp incarceration for habitual offenders as well.
If the offender has not had a license, the vehicle will be impounded for three days or until they obtain a license, whichever is less. The first offense is a class 2 misdemeanor; subsequent offenses are class 1 misdemeanors.

Washington

§46.20.420,
46.20.345
46.55.113

Gross misdemeanor: first offense:10 days in prison; second offense: 90 days; third offense:180 days. Police have statutory authority to impound vehicle. 
West Virginia

W. Va. Code
Ann. § 17B-4-3

Misdemeanor: First and second offense: fine of not less than $100 but not more than $500. License suspension extended by six months for first violation, 90 days for a second violation.

Wisconsin
§343.44

Driving while license suspended: fine between $50 and $200. Driving while license revoked: fine of not more than $2,500. Vehicle may be impounded.

Wyoming
§31-7-134

Misdemeanor: up to $750 fine, up to six months in jail.


Source: National Conference of State Legislatures, 2005. Updated July 2014
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