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Driving While Revoked, Suspended or Otherwise Unli

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

Updated November 21, 2011

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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 days in prison, $500-$1,000 fine; possible forfeiture of vehicle. 
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 not less than five days nor more than six months and fined not less than $50 nor more than $500. 
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
No Information  
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-$500 fine; second offense within five year: 30 days in jail, $1,000 fine and additional revocation for one year; 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 $500 fine; driving privileges suspended for an additional six months. 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
§9-24-18-1 Class C misdemeanor: not more than 60 days in jail and not more than $500 fine. 
Iowa
§321.218 Simple misdemeanor: $250 to $1,000 fine; possible extension of license suspension. 
Kansas
§8-262 Class B misdemeanor for first offense, Class A misdemeanor for second offense. At least five days in jail and at least $100 fine. For a second or subsequent offense, 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 $500, two months in jail; 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 Class A misdemeanor: 48 hours in prison or community service; not more than $1,000 fine. 
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
§39:5-30e $1,000 fine, possible 30-day jail sentence; 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; additional one-year suspension. 
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 1 misdemeanor: 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 possible community service; license plate can be impounded.  
Oklahoma
§47-6-303 Misdemeanor: $100 to $500 fine; prison for not more than one year.
Oregon
§§811.182
809.720
Class A misdemeanor; 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 $200 fine; 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. 
Texas
Transportation Code §§521-343
708-103
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 Imprisoned not more than two years; up to $5,000 fine. First offense: at least 48 hours must be served; second offense: at least 96 hours must be served and 80 hours of community service; third offense at least eight consecutive days and 120 hours of community service. 
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
§17D-5-3 Misdemeanor: $500 fine, up to six months in prison. 
Wisconsin
§343.44 First offense: up to $600 fine; second offense: up to $1,000 fine and no more than six months in jail; third offense: up to $2,000 fine and no more than nine months in jail. 
Wyoming
§31-7-134 Misdemeanor: up to $750 fine, up to six months in jail. 

Source: National Conference of State Legislatures, 2005. Updated July 2011 
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