Alabama Driving Without a License: Fines and Jail Time

Driving is considered a privilege, not a right, and operating a motor vehicle on public roads in Alabama without a valid license carries significant legal consequences. The penalties and procedures vary dramatically depending on whether you simply failed to obtain a license (unlicensed driving) or if you drove after your license or driving privilege was officially canceled, suspended, or revoked (driving while suspended/revoked).

Understanding which statute applies to your situation—Alabama Code § 32-6-18 or Alabama Code § 32-6-19—is the critical first step in addressing the charges and understanding the potential sentencing guidelines and punishments you face in a municipal, district, or circuit court.

Unlicensed Driving: Penalties for Not Having a License (§ 32-6-18)

The offense of unlicensed driving applies to any person required to have a driver’s license who drives a motor vehicle on a public highway without first having complied with the licensing articles. This is typically the charge for an individual who has never obtained a license, or whose license has expired without renewal. This violation is classified as a misdemeanor.

First-Time Offense Sentencing

For a first-time conviction under Alabama Code § 32-6-18, the penalties are primarily financial, though conviction of a misdemeanor always carries the potential for a jail sentence up to one year under general Alabama law, even if not explicitly specified in the traffic code section.

If the only violation is failure to display a valid license upon an officer’s request, the fine is up to $100. However, this charge may be dismissed if the driver produces a license valid at the time of the citation in court or at the police station. This is a key distinction from being truly unlicensed.

Summary of Penalties for Unlicensed Driving (§ 32-6-18)

Charge Severity	Mandatory Fine Range	Jail Time	Additional Fees
Misdemeanor	$10 to $100	Up to 1 year (Standard Misdemeanor)	$50 Traffic Fund Penalty

Driving While Suspended, Revoked, or Cancelled (§ 32-6-19)

This is a significantly more serious offense. Driving a vehicle while your license or driving privilege has been canceled, denied, suspended, or revoked is also a misdemeanor, but it carries harsher sentencing guidelines and is explicitly addressed by Alabama Code § 32-6-19.

Mandatory Jail Time and Increased Fines

A conviction under § 32-6-19 activates sentencing guidelines that include both higher fines and potential mandatory jail time, reflecting the seriousness of violating a prior license action.

• Fines: The fine for a driving-while-suspended or restricted violation is typically between $100 and $500.
• Jail Time: For a first offense, the driver can be subject to a jail sentence of up to 180 days (six months) in a county or municipal jail.
• License Extension: The Director of Public Safety has the discretion to revoke the person’s license for an additional six months beyond the original revocation or suspension period.
• Mandatory Fees: The mandatory $50 additional penalty is also assessed in these cases, distributed to the Traffic Safety Trust Fund and the Peace Officers Standards and Training Fund.

The Severe Consequence: Vehicle Impoundment

One of the most immediate and impactful consequences of a conviction under § 32-6-19 is the mandatory vehicle impoundment. The law is designed to immediately remove the hazard from the road:

• The law enforcement officer is directed to immediately have the vehicle towed and impounded.
• This impoundment is mandatory regardless of who owns the vehicle, unless the owner or another family member of the owner is present in the vehicle and presents a valid driver’s license.
• The vehicle owner can only retrieve the vehicle after all reasonable and customary towing and storage fees are paid. The towing company holds a lien on the vehicle for these fees.

Summary of Key Takeaways

1. A first offense for unlicensed driving (never having a license, § 32-6-18) is a misdemeanor with a minimal fine range ($10-$100) plus a mandatory $50 fee.
2. Driving while your license is suspended or revoked (§ 32-6-19) is a far more severe misdemeanor, with a fine range of $100-$500 and potential jail time of up to 180 days.
3. A conviction under § 32-6-19 also carries the possibility of an additional six-month revocation of your license at the discretion of the Director of Public Safety.
4. The vehicle being driven while suspended/revoked is subject to immediate, mandatory impoundment, and the owner must pay all towing/storage costs to retrieve it.
5. To legally drive after a suspension, the driver must serve the suspension period, pay any reinstatement fees, and ensure the license is officially valid, not just expired.

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Frequently Asked Questions (FAQ)

1. What is the difference between “Driving Without a License” and “Driving While Suspended?”

Driving Without a License (§ 32-6-18) typically means you have never obtained a valid license or yours has expired. Driving While Suspended/Revoked (§ 32-6-19) means a valid driving privilege was officially taken away by the state, usually due to a serious violation like DUI, excessive points, or failure to pay fines.

2. Can I go to jail for a first offense of driving without a license in Alabama?

For the less severe charge of Unlicensed Driving (§ 32-6-18), the statute primarily lists fines ($10-$100). However, it is a misdemeanor, and all misdemeanors in Alabama can carry up to a year in jail. For Driving While Suspended (§ 32-6-19), the sentencing guidelines are clearer, allowing for up to 180 days of jail time for a first offense.

3. What happens if I was driving someone else’s car while my license was suspended?

If you are convicted of driving while suspended or revoked (§ 32-6-19), the vehicle, regardless of ownership, is subject to immediate and mandatory impoundment. The registered owner must pay all towing and storage fees to retrieve it, placing the financial burden on them.

4. What is the $50 additional penalty mentioned in the code?

Both § 32-6-18 and § 32-6-19 impose a mandatory $50 additional penalty upon conviction. This money is earmarked for the state’s Traffic Safety Trust Fund and the Peace Officers Standards and Training Commission Fund.

If you are facing a traffic violation, understanding the law is the first step toward building a strong defense.

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