Navigating a Driving Without a License Charge in Alabama

A simple traffic stop can quickly escalate into a serious legal matter if you are found operating a vehicle without a valid driver’s license in Alabama. The legal system, especially the stages involving arraignment and probation, can be complex and intimidating. In Alabama, the penalties for driving without a license (DWOL) vary significantly depending on whether you simply failed to obtain a license or were driving with a license that had been previously suspended or revoked (DWLS/R).

Understanding the statutory differences, the mandatory court appearance for a DWLS/R charge, and the potential for a probationary period is crucial for anyone facing this misdemeanor offense. This professional guide breaks down the Alabama legal process, referencing the relevant sections of the Alabama Code, to help you prepare for what lies ahead.

The Critical Difference: DWOL vs. DWLS/R Penalties

Alabama law distinguishes between two primary, non-DUI offenses related to licensing:

1. Driving Without a Valid License (DWOL)

• Statute: Alabama Code § 32-6-18.
• Charge Level: A misdemeanor offense.
• Penalties: A fine of not less than $10 nor more than $100.
• Mandatory Fee: An additional penalty of $50 is imposed or assessed, which is placed in the Traffic Safety Trust Fund and the Peace Officers Standards and Training Fund.

2. Driving While License Suspended, Revoked, or Cancelled (DWLS/R)

• Statute: Alabama Code § 32-6-19.
• Charge Level: A serious traffic offense, classified as a misdemeanor that requires a mandatory court appearance. This citation cannot be paid by mail or online.
• Penalties: A fine between $100 and $500, and the possibility of up to 180 days (six months) of incarceration.
• License Impact: The Director of Public Safety may revoke the license for an additional revocation period of six months.
• Vehicle Impoundment: The vehicle driven may be immediately impounded by the law enforcement officer, regardless of ownership, unless a licensed owner or family member is present and has a valid license. The owner is responsible for towing and storage fees to retrieve the vehicle.

The Court Procedure: From Arrest to Arraignment

A charge of driving while suspended or revoked is a criminal case, initiating a formal legal procedure that begins with the arraignment.

Understanding the Arraignment Process

The arraignment is the defendant’s first mandatory appearance in open court. Its purpose is to ensure the defendant is formally notified of the charges by having the judge read them aloud, and to establish the defendant’s plea.

• The Charges: The judge formally reads the charge (e.g., Driving While Suspended) and confirms the defendant understands the allegations.
• Entering a Plea: The defendant must enter one of three pleas:
  • Guilty: Accepts the charges; proceeds immediately or later to sentencing.
  • Not Guilty: Contests the allegations; allows for plea negotiations and prepares the case for a pre-trial hearing or trial. This plea is generally advised by a Legal Expert to preserve all options.
  • No Contest (Nolo Contendere): Accepts the conviction and sentencing without admitting guilt.
• Constitutional Rights: The defendant is informed of their constitutional rights, including the right to a Legal Expert.
• Bail Determination: The judge will also set or confirm bail conditions or determine if the defendant can be released on their own recognizance, considering factors like community danger and risk of flight.

Sentencing, Probation, and Violation Procedures

If a person is convicted or pleads guilty, the court proceeds to sentencing. While fines and jail time are common for a DWLS/R conviction, the judge may also impose a period of probation as an alternative or alongside other punishments.

Probation and Its Conditions

Probation is a period of supervision under the court’s authority, allowing a convicted person to remain out of custody provided they adhere to strict terms and conditions. These often include:

• Regular meetings with a probation officer.
• Payment of all fines, court costs, and restitution.
• Maintaining employment.
• Not committing any new criminal offenses.
• Mandatory treatment programs (e.g., substance abuse).

Handling a Probation Violation in Alabama

A violation of probation (VOP) occurs when a person breaches any of the court-imposed conditions. The process for a VOP is defined under Alabama Code § 15-22-54.

Reinstatement: The Path to a Valid License

A license suspension or revocation is not automatically lifted when the time period expires. The driver must proactively complete the necessary steps to restore their driving privileges.

The typical reinstatement process involves:

1. Satisfy All Requirements: Clear all issues that led to the suspension, such as paying all traffic fines and court costs, and completing any required courses (e.g., defensive driving).
2. Obtain Documentation: Get a “Request for Reinstatement Requirements” form from the Alabama Law Enforcement Agency (ALEA), which will outline the specific steps.
3. Pay Fees: Pay all applicable reinstatement fees to the ALEA. These fees vary depending on the reason for the original suspension.

Summary: Key Takeaways for Alabama Driving Violations

1. A DWOLS/R charge (Code § 32-6-19) is a serious, mandatory court appearance misdemeanor, carrying potential jail time (up to 180 days) and steep fines ($100–$500), plus a $50 mandatory fee.
2. The arraignment is the formal court notification of charges where the critical decision of entering a plea of Not Guilty preserves the right to negotiate or fight the charges.
3. A conviction may result in probation, which comes with mandatory conditions; a violation can lead to sanctions, including required treatment, or a formal revocation hearing.
4. License reinstatement is not automatic; it requires meeting all court mandates, clearing all underlying issues, and paying an ALEA reinstatement fee.

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