Last Updated on October 14, 2022 by Fair Punishment Team
Driving without a license can have extremely severe ramifications, such as being stopped by the police, or even getting into a serious accident.
This is an offense that is so easy to avoid, yet hundreds of people get caught driving without licenses per day.
What happens if you get caught driving without a license? Could you face jail time?
In this article, we will explain what happens when you get caught driving without a license, and why these rules are put in place.
Why (And How) People Receive Prison Sentences?
Both misdemeanor and felony offenses are punishable in all US states by a certain amount of jail time, while the maximum sentence differs from region to region.
In practically every misdemeanor and criminal case, jail time is a possibility; however, whether the defendant actually spends time there is far more complicated.
In addition, the length of the defendant’s stay in jail, if any, will vary based on a variety of circumstances.
Criminals don’t always wind themselves in jail just for breaching the law.
Instead, several criteria are taken into account during the sentencing process, including:
- The severity of the offense.
- Who was harmed and how badly.
- Whether this is a first offense.
- The most recent prior criminal conviction, as well as the total number of prior convictions.
- If there was any self-defense involvement.
- If the perpetrator is willing to cover the cost of the harm.
- The degree of regret shown by the wrongdoer.
- The defendant’s physical and emotional well-being.
There are several other factors that play into how a person gets charged, and whether they will get given a jail sentence or not.
Additionally, of course, all of these factors will come into play when a person is arrested for driving without a license.
If the defendant was simply pulled over on the side of the road, and was found to not have a license, their punishment wouldn’t be too severe.
However, if the defendant got caught committing their third ever hit-and-run, under the influence of alcohol, they are far more likely to receive a prison sentence.
Can You Go To Jail For Driving Without A License?
The most significant traffic offense an individual can commit is driving without a license.
The penalties for committing this infraction will vary depending on which state you call home.
Driving without a license may result in a civil citation or criminal charges.
A civil citation is a violation of a law or agreement, and while it can result in punishment, jail time is not an option.
However, if you are convicted of a crime, you could receive a jail sentence.
Ultimately, those passing the sentence will be mostly interested in why the individual was driving without a license.
The penalties they face might not be as harsh, for instance, if a juvenile was found driving without a license, or if the offender had never applied for one.
At the very least, the repercussions would not be as severe as they would be for someone whose license has already been suspended due to prior traffic violations.
Therefore, even while driving without a license is not a clear-cut crime that always entails jail time, it is at least conceivable that someone who is caught doing so could receive one, even if it is only for 48 hours.
Ultimately, it comes down to a number of factors, e.g., whether the individual has been charged for driving without a license several times in the past.
The Consequences Of Driving Without A License
If you are caught driving without a license in a number of states, you will be penalized on the spot, and your license will be suspended right away.
Your driving privileges will be immediately terminated if you are found guilty of operating a vehicle while your license is suspended, and they will stay suspended unless the court makes an exception.
If it is a first-time offense by the defendant, they may receive a short jail sentence. This may last around 48 hours.
However, in most states, it is more likely that they will receive a fine to pay, and perhaps some community service.
If the offender has gotten caught driving without a license multiple times, they will almost certainly face jail time, and those sentences will extend with each offense.
Other consequences that an individual may face after getting caught driving without a license include:
- The vehicle was confiscated.
- Being fined up to $1,000.
- Receiving another fine/jail sentence if the vehicle driven wasn’t registered to the individual.
- Facing charges of driving a vehicle without being insured.
Why Is Driving Without A License Illegal?
If a person gets caught driving without a license, yet they were driving safely and responsibly, they may feel somewhat cheated by the system.
After all, they didn’t hurt anyone. They may be thinking, ‘Why do I need a license to prove that I can drive?’
Of course, the reason is that anyone could get behind the wheel of a car, and just drive anywhere.
Even someone who has no idea what they are doing.
You can legally demonstrate that you are entirely capable of operating a vehicle safely by obtaining a driver’s license.
You were instructed by a qualified individual who can also attest to your driving skills. It serves as evidence that you know what you are doing.
Furthermore, it is even more concerning if someone is driving after having their license revoked.
This person is not regarded as a safe driver because they are likely driving with a suspended license as a result of traffic infractions.
This is why it is taken so seriously, whether a driver has a fully-working license or not.
Dangerous drivers should be kept off the road so that everyone else can drive safely.
To answer the titular question of this article: yes, you can go to jail for driving without a license.
You can face jail time for committing any crime, including this one.
It can, however, be difficult to determine how long a single jail sentence would last.
Ultimately, without understanding the circumstances of the offense, it is nearly impossible to determine how long a person could spend in jail for driving without a license.
The defendant’s traits, the circumstances of the offense, the defendant’s state at the time of the offense, and the overall context all go into the sentencing.
One person might spend 48 hours in jail, while another might spend a year there.
So, if you get caught driving without a license, but you have committed no other offenses in your entire life, you’ll probably get let off lightly.
If this is your second or third driving offense, however, and you’ve previously had your license revoked, you’ll likely face jail time.
We hope you found this article informative.