Categories: Court Info

Alabama Driving Without a License: Penalties & Court Steps

Meta Description: Understand the differences in penalties and the court process, including the role of the preliminary hearing, for driving without a license versus driving on a suspended license in Alabama. Learn about potential fines, jail time, and vehicle impoundment.

Navigating the criminal justice system in Alabama for a traffic violation can be confusing. The charge of “Driving Without a License” is often mistakenly grouped with the more severe offense of “Driving While Suspended or Revoked.” Understanding the distinction, the court process—including the preliminary hearing phase—and the potential sentencing guidelines is crucial for anyone facing this type of misdemeanor charge in the state.

The Critical Difference: Unlicensed vs. Suspended/Revoked

Alabama law treats a person who has simply never obtained a license differently from a person who drives after their license has been taken away. This distinction is paramount to determining the potential sentence you face.

1. Driving Without a License (Unlicensed Driving)

This charge, covered by Alabama Code § 32-6-18, applies when a person operates a motor vehicle on a public highway in the state without first having complied with the requirements to obtain a driver’s license. This is typically the least severe of the traffic-related licensing offenses.

Caution Box: There is a separate, less serious offense for merely failing to display a valid license. If you present a valid license in court that was active at the time of the stop, the charge may be dismissible or reduced to a fine. The offense discussed here is for a driver who is not licensed.

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

This is the significantly more serious charge, governed by Alabama Code § 32-6-19. It applies when a person operates a vehicle after their driving privileges have been formally cancelled, denied, suspended, or revoked by Alabama or another jurisdiction. Penalties are harsher because the driver has acted in defiance of a previous government order to cease driving.

Sentencing Guidelines: Fines, Jail Time, and Impoundment

Both offenses are classified as misdemeanors, but the potential penalties are markedly different, as outlined in the Alabama Code:

Alabama Driving Without License Penalties (Misdemeanor)
Offense Type	Fines/Penalties	Jail/Imprisonment	Other Consequences
Unlicensed Driving (§ 32-6-18)	Minimum $10 to $100 fine, plus a mandatory $50 additional penalty.	The statutory range for a general misdemeanor is up to one year, but typically a minimal to no jail sentence is imposed for a first offense of this nature.	Acquisition of a misdemeanor criminal conviction record.
Driving While Suspended/Revoked (DWLS/R) (§ 32-6-19)	Fine of $100 to $500, plus a mandatory $50 additional penalty.	Up to 180 days in jail for a first offense.	Mandatory vehicle impoundment and potential additional license revocation of up to six months.

Misdemeanor Procedure: The Role of the Preliminary Hearing

In Alabama’s court system, the term “preliminary hearing” is primarily used in felony cases. Its purpose is for a judge to determine if there is enough probable cause to bind the case over to a Grand Jury for indictment.

Since both “Driving Without a License” and “Driving While Suspended/Revoked” are misdemeanors, your case will generally start and may conclude in District Court, which does not hold jury trials for misdemeanors.

💡 Legal Tip: The Misdemeanor Court Appearance

For a misdemeanor traffic charge, your first mandatory court date serves as the Arraignment and Pretrial Hearing/Conference. This is where you officially enter a plea (guilty or not guilty), and the parties—the prosecutor and your Legal Expert—discuss motions, evidence, and potentially negotiate a plea deal. A plea deal at this stage is a common way to resolve the case and avoid a bench trial.

Sentencing Following a Plea or Conviction

If you enter a Guilty plea or accept a plea agreement at the Arraignment/Pretrial Hearing, the judge will typically proceed directly to sentencing that same day. The judge has discretion to apply any penalty within the statutory range for the specific charge. For example, a judge could impose a $10 fine or a $100 fine for the unlicensed driving charge. For DWLS/R, a Legal Expert will work to minimize the fine and, most importantly, have the potential jail time and additional license revocation waived or reduced.

If you plead Not Guilty, the case will be set for a later bench trial in District Court. If convicted in District Court, you maintain the right to appeal to Circuit Court and demand a jury trial.

Judicial Discretion and Sentencing Factors

While the law provides the sentencing range, a judge’s final decision is heavily influenced by mitigating factors specific to your case. An effective defense strategy involves presenting evidence to highlight why the minimum sentence, probation, or a deferred sentence is appropriate. Key factors a judge may consider include:

The Underlying Cause: For a DWLS/R charge, the reason for the initial suspension is critical—was it a severe offense like DUI, or a minor administrative failure like an unpaid ticket or fee?
Driving History: A clean history with no prior traffic infractions indicates low risk, while an record of habitual traffic offenses will result in a harsher sentence.
Remedial Efforts: Showing the court you have taken immediate steps to reinstate your license, such as paying all outstanding fines and fees, or enrolling in a driving safety course.
Community Ties: A demonstration of stable employment and family obligations can be used to argue against an active jail sentence.

Case Context: The Severity of DWLS/R and Impoundment

If charged under Alabama Code § 32-6-19 for driving on a suspended or revoked license, you face the immediate consequence of mandatory vehicle impoundment, which requires you to pay towing and storage costs before retrieving the vehicle. Given the six-month jail potential and additional license suspension, securing immediate representation from an experienced Legal Expert is a necessity.

Summary of Key Takeaways

To summarize the complex landscape of Alabama’s driving without license laws and the corresponding court procedures:

The offense of Unlicensed Driving (§ 32-6-18) is a low-level misdemeanor with a fine of $10–$100 + $50.
Driving While Suspended/Revoked (DWLS/R) (§ 32-6-19) is a serious misdemeanor, carrying up to 180 days in jail, a $100–$500 fine, and mandatory vehicle impoundment.
The “preliminary hearing” for a misdemeanor is functionally the Arraignment/Pretrial Conference in District Court, where the case is often resolved via a plea.
Sentencing involves judicial discretion within the statutory range, depending heavily on your record and the reason for the license issue.
A Legal Expert’s primary goal in a DWLS/R case is to mitigate or eliminate the potential jail time and additional suspension.

Card Summary: Act Fast on DWLS/R Charges

If you are charged under Alabama Code § 32-6-19 for driving on a suspended or revoked license, the potential for jail time and the impoundment of your vehicle makes securing immediate representation from an experienced Legal Expert a priority. Do not assume this is just a traffic ticket that can be paid off easily; it is a serious criminal misdemeanor with significant, life-altering consequences.

Frequently Asked Questions (FAQ)

Is “Driving Without a License” a felony in Alabama?

No. Both driving without a license (Ala. Code § 32-6-18) and driving while suspended/revoked (Ala. Code § 32-6-19) are classified as misdemeanors in Alabama, although the latter carries significantly harsher penalties, including up to 180 days in jail.

What is the fine for a first-offense driving without a license in Alabama?

For a first-time conviction for driving without a license (meaning you were never issued one), the penalty is a fine of not less than $10 nor more than $100, plus a mandatory $50 additional traffic fund penalty.

Can I go to jail for driving with a suspended license in Alabama?

Yes. Driving While Suspended or Revoked (DWLS/R) is a serious misdemeanor offense, and a first-time conviction can result in a jail sentence of up to 180 days.

Does a misdemeanor traffic offense in Alabama automatically get a “preliminary hearing”?

The traditional “preliminary hearing” for probable cause is generally reserved for felony cases. For a misdemeanor traffic charge, your first court date in District Court functions as an Arraignment and Pretrial Conference to discuss the case, file motions, or negotiate a plea deal.

Will my vehicle be impounded if I am charged with DWLS/R?

Yes, Alabama law dictates that if you are cited for driving while your license is revoked or suspended (DWLS/R), the vehicle you are operating shall be immediately impounded by the law enforcement officer.

Disclaimer

This blog post is for informational purposes only and is generated by an Artificial Intelligence model. It does not constitute legal advice, nor does it create an Legal Expert-client relationship. All laws, including Alabama Code §§ 32-6-18 and 32-6-19, are subject to change. For advice regarding your specific situation, you must consult with a qualified Alabama Legal Expert.

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