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

10/27/2016

License plates, Keys and drivers license 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.

The box allows you to conduct a full text search or type the state name.

State Penalties for Driving Without a License

States

Citation

Penalties

Alabama

§32-6-19

Misdemeanor: $100-$500 fine; additional fine of $50; imprisonment for no more than 180 days; immediate vehicle impoundment; possible license suspension increase by 6 months.

Alaska

§28.15.291

(First Offense) Class A Misdemeanor: 10 day suspended imprisonment provided at least 80 hours of community service are completed; possible forfeiture of vehicle; license suspension increased by at least 90 days.

(Subsequent Offense) Class A Misdemeanor: Imprisonment for at least 10 days; possible forfeiture of vehicle; license suspension increased by at least 90 days.

Arizona

§28-3473
§28-3511

§13-707

Class 1 Misdemeanor: Imprisonment for up to 6 months; possible vehicle impoundment.

Arkansas

§27-16-303

Misdemeanor: Imprisonment for between 2 days and 6 months; possible fine of not more than $500.

California

Veh. Code
§14601 and 
§14602.6

(First Offense): Imprisonment for between 5 days and 6 months; $300-$1000 fine.

(Subsequent Offense): Imprisonment for between 10 days and 1 year; $500-$2000 fine.

Colorado

§42-2-138

(First Offense) Misdemeanor: Imprisonment for no more than 6 months; fine of no more than $500; license suspension increased by 1 year.

(Subsequent Offense): Driver ineligible to be issued a driver’s license for a period of three years.

Connecticut

§§14-215, 14-227h

(First Offense): Imprisonment for no more than 3 months, $150-$200 fine, or both.

(Subsequent Offense): Imprisonment for no more than 1 year, $200-$600 fine, or both.

Delaware

21 Del. C. §2756

(First Offense): Imprisonment for between 30 days and 6 months; $500-$1,000 fine; possible vehicle impoundment of at least 90 days.

(Subsequent Offense): Imprisonment for between 60 days and 1 year; $1,000-$4,000 fine; possible vehicle impoundment of at least 1 year.

District of Columbia

ND.C. Code Ann.
§ 50-1403.01

Imprisonment for no more than 1 year, fine of no more than $2,500, or both.

Florida

§ 322.34

§ 775.082

§ 775.083

(First Offense) 2nd Degree Misdemeanor: Imprisonment for no more than 60 days or $500 fine.

(Second Offense) 1st Degree Misdemeanor: Imprisonment for no more than 1 year or $1,000 fine.

(Subsequent Offense) 3rd Degree Felony: Imprisonment for no more than 5 years or $5,000 fine.

Immediate vehicle impoundment.

Georgia

§40-5-121

(First Offense) Misdemeanor: Imprisonment for between 2 days and 1 year; possible additional fine of no more than $500.

(Second or Third Offenses) High and Aggravated Misdemeanor: Imprisonment for between 10 days and 1 year; possible additional fine of $1,000-$2,500.

(Fourth or Subsequent Offenses) Felony: Imprisonment for 1-5 years; possible addition fine of $2,500-$5,000.

License suspension increase of 6 months. Reinstatement fees of:

(First Offense): $210, or $200 if paid by mail.

(Second Offense) $310, or $300 if paid by mail.

(Subsequent Offenses) $410, or $400 if paid by mail.

Guam

No Information

 

Hawaii

§291E-62

*This statute applies to drivers who have had their license revoked, suspended, or cancelled due to a charge of Driving Under the Influence, (DUI)

(First Offense): Imprisonment for 3-30 days; $250-$1,000 fine; license suspension increased by 1 year; additional, inapplicable penalties.

(Second Offense): Imprisonment for 30 days; $1,000 fine; license suspension increased by 2 years; additional, inapplicable penalties.

(Subsequent Offense): Imprisonment for 1 year; $2,000 fine; permanent license revocation; Additional, inapplicable penalties.

Idaho

§18-8001

(First Offense) Misdemeanor: Imprisonment for between 2 days and 6 months; fine of no more than $1,000; license suspension increased by 180 days.

(Second Offense): Imprisonment for between 20 days and 1 year; fine of no more than $1,000; license suspension increased by 1 year.

(Subsequent Offense): Imprisonment for between 30 days and 1 year; fine of no more than $3,000; license suspension increased by 2 years.

Illinois

625 ILCS
5/6-303

730 ILCS 5/5-4.5-55

730 ILCS 5/5-4.5-45

(First Offense) Class A Misdemeanor: Imprisonment for no more than 1 year; fine of no more than $2,500.

(Subsequent Offense) Class 4 Felony: Imprisonment for 1-3 years; fine of up to $25,000.

Possible vehicle impoundment.

(Fourth or Subsequent Offenses): Possible seizure of license plate; possible vehicle immobilization.

Indiana

Ind. Code Ann.
§ 9-30-10-16

§ 35-50-2-7

Class 6 Felony: Imprisonment for between 6 months and 2 years, 6 months; fine of no more than $10,000.

Iowa

§321.218

Simple Misdemeanor: $250-$1,500 fine; license suspension increased for an additional like period or for one year, whichever is shorter.

Kansas

§8-262

(First Offense) Class B Nonperson Misdemeanor: Imprisonment for at least 5 days; fine of at least $100.

(Subsequent Offense) Class A Nonperson Misdemeanor: Imprisonment without eligibility for parole until completion of 5 days; fine of at least $100.

License suspension increased by 90 days.

Kentucky

§ 186.620
§189A.090
§532.020

(First Offense) Class B Misdemeanor: Imprisonment for at least 90 days; license suspension increased by 6 months.

(Second Offense) Class A Misdemeanor: Imprisonment for between 90 days and 1 year; license suspension increased by 1 year.

(Third or Subsequent Offense) Class D Felony: Imprisonment for 1-5 years; license suspension revoked for additional 2 years.

Louisiana

§32:415

Person with a Class D or E driver’s license: Imprisonment for no more than 6 months, fine of no more than $500, or both.

Person with a Class A, B, or C driver’s license: Imprisonment for no more than 6 months, fine of no more than $5,000, or both.

(Subsequent Offense): Imprisonment for between 7 days and 6 months; fine of $300-$500; potential civil fine of no more than $1,150.

(Subsequent Offense) Class A, B, or C driver’s license: Imprisonment for between 7 days and 6 months; fine of $300-$500; potential civil fine of no more than $2,500.

License suspension increased by 1 year.

Maine

Title 29-A
§2412-A

Class E Crime

(First Offense): $250.

(Second Offense): $500.

Possible license suspension of 1 year.

Maryland

§16-303

§16-402

§ 27-101
§ 27-111

(First Offense) Misdemeanor: Imprisonment for no more than 1 year, fine of no more than $1,000, or both; possible license suspension increased by no more than 1 year.

(Subsequent Offense) Misdemeanor: Imprisonment for no more than 2 years, fine of no more than $1,000, or both; possible license suspension increased by no more than 18 months if second offense, no more than 2 years for subsequent offenses.

Possible vehicle impoundment.

Massachusetts

Ch. 90; §23

(First Offense): Imprisonment for no more than 10 days, $500-$1,000 fine, or both

(Subsequent Offense): Imprisonment for between 60 days and 1 year.

License suspension increased by 60 days.

Michigan

§257.904

(First Offense) Misdemeanor: Imprisonment for no more than 93 days, a fine of no more than $500, or both.

(Second Offense) Misdemeanor: Imprisonment for no more than 1 year, a fine of no more than $1,000, or both.

Cancellation of vehicle’s registration plates.

License suspension increased by like period.

Minnesota

§171.24

§609.02

Misdemeanor: Imprisonment for no more than 90 days, fine of no more than $1,000, or both.

Mississippi

§63-11-40

Misdemeanor: Imprisonment for between 48 hours and 6 months; $200-$500 fine; license suspension increased by 6 months.

Missouri

§302.321

(First Offense) Class D Misdemeanor: No set term of imprisonment; not to exceed one year.

(Second Offense) Class A Misdemeanor: Imprisonment for between 6 months and 1 year.

(Subsequent Offense) Class E Felony: Imprisonment for no more than 4 years.

Montana

§61-5-212

Misdemeanor: Imprisonment for between 2 days and 6 months; fine of no more than $500; license suspension increased by 1 year; vehicle used is seized and rendered inoperable for 30 days.

Nebraska

§60-4,108

(First Offense) Class II Misdemeanor: Unable to operate any motor vehicle for 1 year; license revocation for like period. 

(Second or Third Offense) Class II Misdemeanor:  Unable to operate any motor vehicle for 2 year; license revocation for like period. 

(Fourth or Subsequent Offense) Class I Misdemeanor:  Unable to operate any motor vehicle for 2 year; license revocation for like period.

Nevada

§483.560

§193.150

Misdemeanor: Imprisonment for no more than 6 months, a fine of no more than $1,000, or both.

If license (suspended), extension of suspension by like period.

If license (revoked), extension of period of ineligibility for license by 1 year.

If license (restricted), revocation of restricted license and extension of period of ineligibility for a license, permit or privilege to drive for 1 year.

These terms are to run consecutively.

New Hampshire

§263:64

Misdemeanor: Imprisonment for at least 1 week; fine of no more than $1,000; license suspension increased by 1 year.

New Jersey

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

(First Offense): $500 fine.

(Second Offense): Imprisonment for 1-5 days; $750 fine.

(Subsequent Offense): Imprisonment for 10 days; $1,000 fine.

License suspension increased by no more than 6 months.

New Mexico

§66-5-39

Misdemeanor: Imprisonment for 4-364 days; possible fine of no more than $1,000.

Possible vehicle immobilization.

New York

V&T 511

(First Offense) Misdemeanor: Imprisonment for no more than 30 days, $200-$500 fine, or both.

(Subsequent Offense) Misdemeanor: Imprisonment for no more than 180 days; fine of no less than $500.

North Carolina

§20-28

N.C.G.S.A.

§15A-1340.23

(First Offense) Class 3 Misdemeanor: Imprisonment for 1-10 days; fine of no more than $200; license suspension increased by 1 year.

(Second Offense): License suspension increased by 2 years.

(Third Offense): Permanent license suspension.

North Dakota

§39-06-42

§ 12.1-32-01

(First, Second or Third Offense) Class B Misdemeanor: Imprisonment for no more than 30 days, $1,500 fine, or both.

(Fourth or Subsequent Offense) Class A Misdemeanor: Imprisonment for no more than 1 year, $3,000 fine, or both.

Possible destruction of license plate.

Ohio

§4507.02

(First Offense) Unclassified Misdemeanor: Fine of no more than $1,000; 500 hours community service.

(Subsequent Offense) 1st Degree Misdemeanor: Imprisonment for no more than 180 days; $1,000 fine.

Possible license plate impoundment.

Oklahoma

Title 47:

§6-303

Misdemeanor: Imprisonment for no more than 30 days, $50-$300 fine, or both.

(First Offense): $100-$500 fine.

(Second Offense): $200-$750 fine.

(Subsequent Offense): Imprisonment for no more than 1 year, $300-$1,000 fine, or both.

Oregon

Or. Rev. Stat. Ann.
§ 811.175

Class A Traffic Infraction: $220-$2,000 fine.

Possible vehicle impoundment. 

Pennsylvania

75 Pa. CSA

§1543

Summary Offense: $200 fine; license suspension increased by 1 year if originally suspended, 2 years if it was originally revoked.

Puerto Rico

No Information

 

Rhode Island

§31-11-18

HB 7679 (2016)

(First Offense) Violation: $250-$500 fine.

(Second Offense): $350-$500 fine

(Subsequent Offense) Misdemeanor: Imprisonment for up to 90 days, $500-$1,000 fine, or both and license suspension up to 90 days. 

South Carolina

§56-1-460

(First Offense): Imprisonment for no more than 30 days, $300 fine, or both.

(Second Offense): Imprisonment for no more than 60 days, $600 fine, or both.

(Subsequent Offense): Imprisonment for no more than 90 days; $1,000 fine.

South Dakota

§32-12-65

(Revoked) Class 1 Misdemeanor: Imprisonment for no more than 1 year; fine of no more than $2,000.

(Suspended or Cancelled) Class 2 Misdemeanor: Imprisonment for no more than 30 days; fine of no more than $500.

Tennessee

§55-12-131
§55-50-504

(Non-Resident) Class B Misdemeanor: Imprisonment for not more than 6 months, fine of no more than $500, or both.

(Resident) (First Offense) Class B Misdemeanor: Imprisonment for not more than 6 months, fine of no more than $500, or both; license suspension increased by like period of time.

(Resident) (Subsequent Offense) Class A Misdemeanor: Imprisonment for not more than 11 months, 29 days, fine of no more than $2,500, or both; license suspension increased by like period of time.

Texas

Tex. Transp.
Code Ann.
§ 521.457;
Tex. Penal Code
Ann. § 12.23; §12.22

(First Offense) Class C Misdemeanor: Fine of no more than $500.

(Subsequent Offense) Class B Misdemeanor: Imprisonment for no more than 180 days, fine of no more than $2,000, or both.

Utah

§53-3-227

§76-3-301

Class B Misdemeanor: Imprisonment of no more than 6 months; $1,000 fine.

Vermont

§674

(First Offense): Imprisonment for no more than 2 years, fine of no more than $5,000, or both.

(Sixth or Subsequent Offense): Imprisonment for no more 2 years, fine of $5,000, or both.

Possible seizure of license plates.

Virginia

§46.2-301.1 §18.2-11

 

Class 1 Misdemeanor: Imprisonment for no more than 12 months, fine of no more than $2,500, or both.

Washington

§46.20.345

Gross Misdemeanor: Imprisonment for no more than 364 days, fine of no more than $5,000, or both.

West Virginia

W. Va. Code
Ann. § 17B-4-3

(First Offense) Misdemeanor: $100-$500 fine.

(Second Offense) Misdemeanor: $100-$500 fine.

(Third or Subsequent Offense) Misdemeanor: Imprisonment for 30-90 days; $150-$500 fine.

Wisconsin

§343.44

(Suspended): $50-$200 fine.

(Revoked): Fine of no more than $2,500.

Vehicle may be impounded.

Wyoming

§31-7-134

Misdemeanor: Imprisonment for no more than 6 months, fine of no more than $750, or both. 

 


Source: National Conference of State Legislatures. Updated July 2016