What happens if you drive without a license in florida

Q: What happens if you drive around with no license?

Driving without a valid drivers license is a serious offense that can result in jail time and higher insurance rates. Charges for driving without a license vary by state, but there are usually hefty fines involved if you get caught by law enforcement.

If you have been charged with the criminal offense of “no valid” driver’s license under Florida Statute Section 322.03, then contact an experienced criminal defense attorney with Sammis Law Firm in Tampa, Hillsborough County, FL.

Table of Contents Show

Attorney for a No Driver’s License Charges in Tampa, FL
“No Valid Driver’s License” under Section 322.03
No Valid Driver’s License Does Not Cause a Strike for HTO Purposes
Stop Driving Until You Obtain a Valid Florida Driver’s License
Obtaining a Driver's License
License Exemptions in Florida
License Suspensions and Revocations
Penalties for Driving Without a License
Penalties for Suspended or Revoked License
Is driving without a license a crime in Florida?
Can you go to jail for driving without a license?
What happens if you drive around with no license?
What can I drive in Florida with no license?

Our criminal defense attorneys focus on criminal traffic cases in the greater Tampa Bay area.

Even if you just received a citation or a “notice to appear” you should be aware that you were actually arrested and released at the scene on a criminal charge. Even a first offense for driving with “no valid driver’s license” is a second degree misdemeanor which is punishable by 60 days in jail and a $500 fine.

Especially for individuals with no prior record, it is important to retain a criminal defense attorney to protect you and help you fight for the best possible results. Numerous defenses exist to this charge.

Attorney for a No Driver’s License Charges in Tampa, FL

If you have been charged with driving with no valid license or driving with no valid commercial license, then contact an attorney at the Sammis Law Firm to discuss your case. Call (813) 250-0500 today.

Our attorneys represent individuals charged with “no valid” driver’s license in Plant City and Tampa for Hillsborough County, St. Petersburg and Clearwater for Pinellas County, Bartow for Polk County, New Port Richey and Dade City for Pasco County, or Brooksville for Hernando County, FL.

We can help you protect your criminal record, driving record and begin your defense today.

Call us to discuss your best defense and strategies to fight your charges today.

Call 813-250-0500.

“No Valid Driver’s License” under Section 322.03

Driving without a valid license is often charged under Florida Statute Section 322.03 especially in cases in which the driver has never obtained a Florida driver’s license. The offense is a second-degree misdemeanor which is punishable by 6 months in jail and/or a five hundred dollar fine.

The next time the driver is caught driving without a license the offense is usually charged as “driving while license suspended or revoked” with knowledge (DWLSR) with is also a second-degree misdemeanor. The next offense can be charged as a first-degree misdemeanor.

Three charges of DWLSR within a five year period will result in a five-year revocation of your driver’s license as a habitual traffic offender. For this reason, many charges of DWLSR are negotiated down to “no valid” charges so that it does not trigger a HTO revocation.

No Valid Driver’s License Does Not Cause a Strike for HTO Purposes

Under a weird quirk in Florida law, a civil citation for driving on a suspended driver’s license without knowledge (a civil infraction) or with knowledge (a criminal charge) will both count as a strike against you for purposes of becoming a habitual traffic offender. On the other hand, the criminal charge of No Valid Driver’s License does not count towards one of the strikes for HTO purposes.

For this reason, it is often the goal in a driving with a suspended license suspended with a knowledge case to get the prosecutor to reduce the charge to “no valid driver license” so that driver does not become a Habitual Traffic Offender with a five-year revocation of his driving privileges.

Stop Driving Until You Obtain a Valid Florida Driver’s License

Because the penalties increase dramatically with each subsequent charge it is important not to drive until your full driving privileges have been reinstated. Hiring an attorney can often speed up the process. Our goal is to help you resolve your case for the best possible outcome.

Although the criminal offense of “no valid” driver’s license does not count as one of the serious driving offenses that can lead to a “habitual traffic offender” designation with a five-year revocation, it is nevertheless a criminal offense with criminal penalties.

This article was last updated on Tuesday, May 11, 2021.

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Driving without a license in any state is a serious offense, and the state of Florida is no exception. In some instances, a driver may forget to carry their license and face a small fine. In others, they may attempt to drive on a suspended or revoked license and face a misdemeanor, or felony charge if they are a habitual traffic offender. Penalties for operating a vehicle without a valid Florida driver's license include fines and possible jail time. The offense can remain on the driver's record for several years.

Obtaining a Driver's License

Florida does not see driving as a right, but a privilege, which means not everyone can get a license. Potential drivers who meet certain circumstances are not eligible if they:

Have a license revocation or suspension in any state.
Have an addiction to drugs or alcohol.
Cannot drive safely due to a mental or physical issue, with the exception of deafness.
Are under the legal age for getting a license (15 years of age for a learner's permit and 16 for a Class D or E license).

Drivers must keep their licenses safe and those who break the law can have them suspended, revoked or canceled. A person can drive a motor vehicle with a valid license – this is an "operator's license" issued by the state authorizing an individual to drive on public thoroughfares.

License Exemptions in Florida

Tractor, road machines and farm-related machinery operators.
Out-of-state residents at least 16 years old who have a valid noncommercial license and operate a motor vehicle requiring a Class E license.
Out-of-state residents at least 18 years old who have a valid noncommercial license in their possession and drive a noncommercial vehicle.
Golf cart operators.

Additionally, those working for the federal government who reside in another state and whose main employment is also in another state may operate a noncommercial vehicle on public roadways for up 60 days if their license is valid in their home state. Those who operate noncommercial vehicles owned or leased by the federal government on official business also do not need a Florida license.

License Suspensions and Revocations

A driver's license suspension occurs in Florida when the driver:

Included fraudulent information on their license application.
Cannot drive safely.
Used their car and license for an illegal purpose.
Has a traffic court conviction that states license suspension as a penalty.
Refuses to take a test to show impairment when stopped by a law enforcement officer.
Has a restricted license and has misused it.
Has a certain number of points on their driving record for traffic offenses.
Fails to pay the penalty or appear in court after breaking the law.

When Florida revokes a driver's license, it can do so for a period of six months to life. This amount of time (and the possibility of reapplying for a license) depends on the reasons for the revocation of driving privileges, such as convictions for:

Driving while impaired by drugs, alcohol or other controlled substances (DWI/DUI).
Committing a felony with a motor vehicle.
Refusing to stop and help when involved in an accident that causes injury or death.
Lying about a motor vehicle's ownership or operation.
Having three reckless driving cases in one year. (A driver who forfeits bail and avoids a conviction of reckless driving counts has an actual conviction).
Committing an immoral act while using a motor vehicle.
Having three major offenses or 15 offenses for which the driver gets points on their record within a period of five years.
Having a drug possession felony.
Having poorer vision than the state standard minimum requirements.
Having a court order for revocation based on other traffic violations.
Killing someone with a motor vehicle. The driver faces a three-year minimum revocation for this infraction.

Penalties for Driving Without a License

Everyone who operates a motor vehicle in Florida must have their valid driver's license on them at all times and display it if requested by a police officer. Those who don't have a license on them when an officer asks, may get a driving-without-a-license citation, but this may not result in a conviction. This citation gives a driver some time to produce the license to the court clerk. In turn, the clerk will dismiss the citation and collect a $10 dismissal fee. If there isn't a dismissal, the driver faces a fine of $30.

It is a misdemeanor to drive with no valid license in Florida. If convicted, a driver may face a $500 fine and up to 60 days in jail. However, if the driver is eligible to get a license and resolve the infraction, they'll only pay a $25 court fee. This is only an option for those who have not had another citation resolved in this manner in the past year.

Penalties for Suspended or Revoked License

Those who operate a vehicle on a suspended or revoked license face even stiffer penalties that get more severe with each infraction. These include fines, jail and even vehicle impoundment. The penalties are:

First offense: A maximum of 60 days in jail and $500 fine.
Second offense: A maximum of one year in jail, a $1,000 fine, and vehicle impoundment.
Third and subsequent offenses: This is a felony with a maximum five-year prison sentence and a $5,000 fine.

If the driver has three offenses within a five year period, the state will deem them a habitual violator. This will result in a license revocation of five years and increased prison time and fines.

Sometimes, a driver can have their license suspended and not know it. This is a separate offense in Florida, which carries different penalties than knowingly driving on a suspended license. If a person drives without knowledge of their license suspension, they face only a moving violation, which carries a $60 penalty.

Is driving without a license a crime in Florida?

Driving without a valid license is often charged under Florida Statute Section 322.03 especially in cases in which the driver has never obtained a Florida driver's license. The offense is a second-degree misdemeanor which is punishable by 6 months in jail and/or a five hundred dollar fine.

Can you go to jail for driving without a license?

A further period of disqualification. The possibility of being ordered to carry out community service. Up to six months in prison.

What happens if you drive around with no license?

Driving without a valid driver's license is a serious offense that can result in jail time and higher insurance rates. Charges for driving without a license vary by state, but there are usually hefty fines involved if you get caught by law enforcement.

What can I drive in Florida with no license?

Persons who drive only vehicles like farm tractors or road machines temporarily on the highway may drive without a license. A licensed driver who lives in another state and travels regularly between his home and work in Florida.