Driving Without a License Versus Driving Without a License On Your Person

Is It Illegal To Drive Without a License in California? 

You might be wondering, “Is it illegal to drive without a license on you?” In most cases, the answer is yes. California law prohibits driving any motor vehicle for which a person is not licensed except for a few exceptions outlined by law. 

Driving without a physical license can be charged as a misdemeanor criminal offense or a non-criminal infraction. If charged as a misdemeanor, the offense carries a maximum penalty of up to six months in jail and a fine of up to $1,000. If charged as a non-criminal infraction, the maximum fine is $250.

What Is the Difference Between Driving Without a License And Driving Without a License On Your Person?

Driving without a license is different from driving without a license on you. The first means that you do not have a valid license issued to you. For example, you may:

• Have failed to ever obtain a driver’s license
• Failed to renew your driver’s license
• Failed to obtain a driver’s license in California after becoming a resident

In California, driving on a suspended or revoked license is a separate offense from driving without a license; it is charged more heavily, with potential jail time and a fine. 

Driving without a license on your person means that you have a driver’s license but did not have it with you at the time.

It is still technically illegal to drive without a license on your person; you are required to have your driver’s license in your immediate possession while driving a motor vehicle on a highway, for instance. 

However, you can have the charges dismissed if you present your driver’s license in court and show it was valid at the time of the stop. If the driver had a temporary, interim, or duplicate driver’s license, the driver would need to provide proof from the DMV that this license was issued before the stop and that their driver’s license had not been suspended or revoked.

What if This Is a First Offense? 

Driving without a license is typically charged as a non-criminal infraction for a first offense. However, if a person was injured in an accident caused by an unlicensed driver, the court may show less leniency to the driver. 

How Much Is a Ticket for Driving Without A License?

A ticket for driving without a license in California is a maximum of $250 if the offense is charged as a non-criminal infraction. If the offense is charged as a misdemeanor criminal offense, the fine is up to $1,000. 

Were You Hurt in a Car Accident With an Unlicensed Driver?

If you were hurt in a car accident with an unlicensed driver, you may be dealing with additional complications. For example, the at-fault driver may also be uninsured, or they may have committed a hit-and-run because they were afraid of getting in trouble with the law. The vehicle owner or the driver’s parent may share responsibility for the accident. 

If you are dealing with these complications, you may want to contact an experienced car accident lawyer who can advise you of your legal rights and options.