California law requires that you have a valid driver's license to drive a motor vehicle legally. Driving without a license is strictly prohibited by California law. It can result in fines, fees, and even jail time.
California doesn't have a "stop and identify" law. However, law enforcement officers may ask drivers to show their licenses.
Driving without a valid driver's license is a crime unless one of the following conditions applies.
- You are a visitor aged 18 or older with a valid driver's license from your home state or country appropriate for the vehicle you're operating (car, truck, motorcycle, scooter, etc.)
- You are crossing a public road in an off-road vehicle
- You are a government employee driving a government-owned, non-commercial vehicle while conducting federal business.
- You are a nonresident holding a valid diplomatic driver's license for the vehicle you're driving.
- You are operating a tractor or other farm equipment on private land.
- You are a nonresident transporting hazardous materials from another state or Canada.
Driving without a license is a violation most commonly applied to those who fail to renew their driver's license, never obtain one, become California residents, and do not get a new license within 10 days (as required under law).
You do not need a driver's license from the State of California if you are not a California resident. A valid license issued by your country or state is acceptable.
Driving Without A License: Definition and Elements of the Crime
Obtaining a California driver's license can be challenging and time-consuming, as anyone who has spent hours at the DMV will attest. However, it is mandatory for all drivers in California, including those relocating permanently from another state, to hold a valid license. California Vehicle Code Section 12500VC provides criminal penalties for anyone caught driving without a valid license.
To prove that a defendant was guilty of driving without a license, the prosecutor must prove these elements:
- The defendant had driven a motor car on a highway.
- The defendant did not hold a valid California driver's license when he or she drove.
- The defendant was not exempted from the California driver's license requirement.
Defenses Against Driving Without a License Charge
The defendant would not be criminally responsible for this offense if he or she was exempted from having a valid California driver's license. It includes out-of-state drivers who visit California, California residents who have their primary residence out-of-state, and California residents who moved within the last 20 days.
Suppose a defendant has a valid driver's license but does not have it with him when an officer stops them. In that case, they may be charged with failing to show a driver's license under California Vehicle Code Section 12951 VC, which is considered an infraction.
Penalties for Driving Without a License in California
Driving without a driver's license is a "wobbler," which can be either a misdemeanor or an infraction. A misdemeanor charge carries a maximum penalty of six months imprisonment and a $1,000 fine. The maximum penalty if charged for an infraction is $250.
Prosecutors will often reduce or dismiss a California Vehicle Code Section 12500 VCC charge to an infraction or even dismiss it if the defendant can obtain a valid California driver's license while the charges are pending.
Driving with a suspended license vs. driving without a license (Vehicle Code 14601 VC)
Driving on a suspended license can be confused with driving without one. Driving on a suspended license, however, is an offense under Vehicle Code 14601. A suspended license can be considered a more serious offense if you have previously broken the law, resulting in your license being suspended. According to VC 14601, people with a suspended license are not allowed to drive a motor vehicle.
Driving with a suspended license or revoked one is more serious than driving without one. This section can lead to jail time if you are convicted.
A first conviction for driving with a suspended license can result in a sentence of five to six months imprisonment and a fine between $300 and $1,000.
Similar to DUI or wet reckless charges, convictions for sections of CVC 14601 are treated as "priorable" offenses, which means you face more severe punishment for every subsequent offense in which you are convicted of driving with a suspended license. You will be sentenced to between 10 days to 1 year and a $500-$2,000 fine if the offense was committed within five years of any prior conviction.
A conviction for driving with a suspended license is liable to a two-point penalty on your driving record with DMV, which includes infractions. The DMV does not impose any points for driving without a license.
In a nutshell
It is important to possess a driver's license while driving. Without one, you are exposed to risks you don't want to be threatened by, as unpleasant as they may seem. If you are ever caught driving without your driver's license, contact a criminal lawyer right away and let him or her handle your case.