Meta Description: Understand Alabama’s severe penalties for driving without a license (Code § 32-6-18) or with a suspended/revoked license (Code § 32-6-19), including fines, jail time, and vehicle impoundment. Learn about the jury selection process for related misdemeanor traffic offenses in State Courts.
Driving is a privilege, not a right, and in Alabama, operating a motor vehicle without a valid license is a serious criminal matter. Whether you have never held a license or are driving on one that is suspended or revoked, the legal consequences can range from substantial fines and mandatory court fees to jail time and vehicle impoundment. Navigating these charges requires a clear understanding of Alabama’s statutes and criminal procedure, especially concerning sentencing guidelines and your right to a jury trial.
Distinguishing Unlicensed vs. Suspended/Revoked Driving
Alabama law treats two main scenarios differently. It is crucial to know which offense applies to your situation, as the penalties vary significantly.
Scenario 1: Simple Unlicensed Driving
This typically applies to an individual who is required to have a license but has simply never obtained one or has let a valid license expire (Ala. Code § 32-6-18). It is the less severe of the two offenses.
Scenario 2: Driving While Suspended or Revoked
This is a much more serious charge (Ala. Code § 32-6-19). It applies if your driving privileges have been formally canceled, denied, suspended, or revoked by the Alabama Law Enforcement Agency (ALEA) or another state.
Sentencing Guidelines and Mandatory Fines
Both violations are classified as misdemeanors, but the specific fines and potential jail time depend on the charge and prior offenses.
For Simple Unlicensed Driving (Ala. Code § 32-6-18)
- Classification: Misdemeanor.
- Fine Range: Not less than $10 nor more than $100 upon conviction.
- Mandatory Penalty: An additional penalty of $50 is automatically assessed to fund the Traffic Safety Trust Fund and the Peace Officers Standards and Training Commission Fund.
For Driving While Suspended or Revoked (Ala. Code § 32-6-19)
This charge carries significantly stiffer consequences, reflecting the state’s intent to punish those who defy a suspension or revocation order.
| Penalty Type | Guideline |
|---|---|
| Fine Range | Not less than $100 and up to $500, plus the mandatory $50 traffic fund penalty. |
| Jail Time | Up to 180 days in jail (six months). |
| License Extension | At the discretion of the Director of Public Safety, the license may be revoked for an additional six months. |
| Vehicle Impoundment | The vehicle is subject to immediate impoundment by law enforcement. |
Legal Expert Tip:
The charge of Driving While Suspended (DWS) or Driving While Revoked (DWR) requires a mandatory court appearance. This citation cannot be paid off via mail or the AlaPay system, underscoring its criminal nature. Consulting a Legal Expert immediately is vital to understand your defense options and navigate the mandatory court process.
Jury Selection and Your Right to a Trial
For a misdemeanor like driving without a license, the initial court venue is often a Municipal or District Court. In Alabama, a defendant does not automatically have a jury trial right in these courts.
The Process for Securing a Jury Trial
If you wish to be tried by a jury of your peers for a misdemeanor offense, you must typically be convicted in the lower court (Municipal or District) and then appeal the conviction to the Circuit Court. Upon filing this appeal, you are entitled to a new trial (a trial de novo), where you can request a jury.
Understanding Voir Dire and Challenges
The actual jury selection process in the Circuit Court is called voir dire (to speak the truth). It is the questioning phase where the judge and the attorneys assess potential jurors for biases or prejudices.
Key Jury Selection Terms:
- Challenges for Cause: A request to exclude a juror for a legally recognized reason, such as a direct conflict of interest or demonstrable bias. Parties are usually allowed an unlimited number of these challenges, but the judge must agree.
- Peremptory Challenges: A request to strike a juror without needing to provide a reason. In Alabama misdemeanor cases, each side typically receives a limited number (usually 3) of these challenges.
Summary: Protecting Your Driving Privilege
- The charge of Driving While Suspended or Revoked (Ala. Code § 32-6-19) is far more severe than simple unlicensed driving (Ala. Code § 32-6-18), carrying potential jail time up to 180 days and higher fines.
- Conviction for DWS/DWR results in a mandatory $50 fee and can lead to the immediate impoundment of the vehicle.
- For misdemeanor traffic offenses, a jury trial must typically be requested by appealing a lower court conviction to the Circuit Court for a trial de novo.
- Jury selection involves voir dire, where attorneys use challenges for cause and limited peremptory challenges to seat an impartial jury.
Card Summary: Key Takeaways
Do not ignore a citation for driving without a license. It is a criminal misdemeanor, not just a fine. If your license was suspended or revoked, you face jail time, substantial fines (up to $500), and immediate vehicle impoundment. Engage a Legal Expert promptly to understand the plea options, the process to restore your driving privileges, and your right to appeal for a jury trial in Circuit Court.
Frequently Asked Questions (FAQ)
Is driving without a license a misdemeanor or a felony in Alabama?
Both simple unlicensed driving (Ala. Code § 32-6-18) and driving while suspended/revoked (Ala. Code § 32-6-19) are generally classified as misdemeanors in Alabama. However, repeat offenses or driving while suspended for a severe offense like DUI can lead to elevated charges and penalties.
Can my car be impounded if I am caught driving with a suspended license?
Yes, under Ala. Code § 32-6-19, if you are cited for operating a vehicle while your license or driving privilege is revoked or suspended, the law enforcement officer shall impound the vehicle immediately. The registered owner must pay all towing and storage costs to retrieve it.
What is the minimum sentence for Driving While Suspended?
Alabama Code § 32-6-19 does not mandate a minimum jail sentence for a first conviction, but it does set a fine of not less than $100 and up to 180 days in jail, at the discretion of the trial court. There is also a mandatory $50 administrative penalty.
How does my name get selected for jury duty in Alabama?
Potential jurors in Alabama are randomly selected from lists that include voter registration records and driver’s license records in the respective county.
Can I get a hardship license in Alabama?
In some circumstances, individuals who have had their license suspended may be eligible to apply for a hardship license or ignition interlock restricted driver license, allowing them to drive under specific conditions. A Legal Expert can help you explore this option.
Legal Disclaimer: This blog post, generated by an AI, is for informational purposes only and does not constitute legal advice. The information is based on public statutes (e.g., Alabama Code Title 32) and general legal procedures. Laws are subject to change, and specific case outcomes depend on unique facts and circumstances. You must consult with a qualified Legal Expert licensed in the State of Alabama to discuss your individual case and legal options.
Do not wait to address any traffic or license violation in Alabama. Understanding the critical differences between simple unlicensed driving and driving while your license is suspended or revoked is the first step toward building an effective defense and protecting your future driving privileges.
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Please consult a qualified legal professional for any specific legal matters.