Safety on the road is incredibly important, and according to USClaims, about 18.4% of fatal road accidents are caused by unlicensed drivers.
Due to the risks unlicensed drivers pose, there are very strict laws surrounding driving without a license. However, there are various factors that can play a part in the penalties and punishment a driver may face. The circumstances of each case will determine the final outcome.
So can you go to jail for driving without a license? It's possible.
In this guide, we'll take a look at how things can play out. Let's dive in.
Driving Without a License: 12500
In California, it's illegal to drive a motor vehicle without a license. Vehicle Code 12500 VC which is one of the most important California driving laws.
There are two possible charges for doing this:
- Misdemeanor
- Non-criminal infraction
If you do this and it's charged as a misdemeanor, you could face up to a $1,000 fine and/or up to six months in jail. With a non-criminal charge, you could face a fine of up to $250.
In most cases, VC 12500 is charged when:
- A driver hasn't renewed their license
- They've never had a license
- They've become a California resident but haven't got a new driver's license (within 10 days)
Driving With a Suspended License: 14601
If a driver has their license suspended or revoked for any reason, they're no longer allowed to drive until they get it back under Vehicle Code 14601 VC.
It can be charged as a misdemeanor and carry the same unlicensed driving penalties as driving without a license. Someone who does this may receive up to six months of jail time and a $1,000 fine (plus court costs).
Some typical examples of this include someone driving when:
- Their license has been revoked for habitual traffic offenses
- Their license has been suspended for DUI
- Their license has been suspended for refusing to submit a chemical test
If you're charged under 14601 VC, you may be able to raise a legal defense and challenge the charge. You might be able to do this if:
- There was no suspension
- You were unaware of the suspension
- You drove out of necessity
Driving With a Revoked License for a DUI: VC 14601.2
Vehicle Code 14601.2 makes it illegal for someone to drive if their license has been revoked specifically for:
- Driving under the influence of alcohol
- A DUI causing injury
In addition to this, the driver must be aware that their driving privileges have been revoked or suspended if the DMV sends a notification of suspension.
Again, you may be able to fight the case if this happens to you. If your defense is strong, you may be able to reduce or even dismiss the charge.
An experienced attorney from FYourTicket can be incredibly helpful if you need to dispute any road issues such as this.
Your case will be much easier to fight if you haven't been made aware of your license being suspended or revoked.
Habitual Traffic Offences: VC 14601.3
VC 14601.3 specifically relates to "habitual traffic offenders". California may classify you as such if you:
- Drive on a suspended license
- Have too many points on your license
As with other California traffic violations, you could receive a fine and/or a jail sentence here. It could be up to $1,000 or up to 30 days in jail.
A typical example of this could be someone getting their license suspended for driving under the influence and then continuing to drive and getting multiple speeding tickets within the three following months.
As with the above, you may be able to defend yourself here. A strong defense can hinge on the following:
- You're unaware of the license suspension
- You were falsely arrested
- You acted out of necessity
It's important to note that the above punishments are for a first offense. If it's your second offense you could face up to 180 days in jail and a fine of $2,000.
Driving on a Suspended or Revoked License Causing Bodily Injury: VC 14601.4
If your license has been suspended or revoked and you cause someone bodily injury while driving, you could be charged under VC 14601.2.
Similarly to some other codes, this is another misdemeanor charge, and it can result in up to 6 months of jail time.
Under this law, you won't be eligible for release for community service, work release, or any other release program during your sentence.
It's important to note that this law only applies to drivers who have their license revoked or suspended for a DUI or a DUI causing an injury.
For example, if you've had a DUI conviction, then get back behind the wheel and collide with a vehicle, causing injury to the other driver, you could be charged under 14601.4.
The potential defenses here include:
- Being unaware of the license suspension or revocation
- Not having a prior DUI conviction
- Not committing an illegal act or neglecting a duty
In addition to the jail time, you could get up to a $1,000 fine for a first offense here.
For a second offense, you could face a $2,000 fine and a year of jail time.
Driving on a Suspended License for Refusal or High BAC: 14601.5
Vehicle Code 14601.5 is for driving on a revoked or suspended license when the reason for losing the license was either driving with an excessive blood alcohol concentration or refusing to take a chemical test.
For a first conviction, you could be subject to up to six months of jail time or a fine of between $300 and $1,000. A second offense could result in jail time of 10 days to one year, and a fine of $500 to $2,000.
You may be able to form a defense if:
- You were falsely accused
- You weren't driving
- You were unaware of your license suspension
Can You Go to Jail for Driving Without a License?
Now you're no longer wondering "Can you go to jail for driving without a license?", but you may still be unprepared to deal with the challenges that come with a vehicle conviction.
FYourTicket specializes in helping those facing all kinds of vehicle convictions such as speeding tickets, DUIs, and reckless driving charges. We've been in business for over 10 years and have managed to get more than 10,000 traffic tickets dismissed. Get your free consultation today.