Navigating Alabama’s Laws on Driving Without a License

Operating a motor vehicle on public roads is a privilege, not a right, and in the state of Alabama, that privilege is strictly regulated. Being stopped for driving without a license is a serious traffic offense, and the specific verdict and sentencing guidelines depend heavily on one key distinction: Did you never have a license, or was your license revoked or suspended?

The penalties for these two scenarios under Alabama law—driving without a license (Ala. Code § 32-6-18) versus driving while suspended or revoked (Ala. Code § 32-6-19)—are vastly different.

The Misdemeanor of Driving Without a License (Ala. Code § 32-6-18)

If you are required to have a driver’s license but operate a motor vehicle on a public highway in Alabama without having obtained one, you are generally guilty of a misdemeanor. This charge typically applies to individuals who have never held a license or whose license has expired (though simply failing to display a valid license is a separate, usually correctable, offense).

Sentencing Guidelines for Unlicensed Driving (First Offense)

A conviction for a first-time offense of driving without a valid Alabama license carries specific monetary penalties:

• Fine: Not less than ten dollars ($10) and not more than one hundred dollars ($100).
• Additional Penalty: An additional fifty dollars ($50) penalty is imposed or assessed in all criminal and quasi-criminal proceedings. This fee is distributed to the Traffic Safety Trust Fund and the Peace Officers Standards and Training Commission Fund.
• Classification: The offense is classified as a misdemeanor.

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

The penalties escalate significantly if you are caught driving after your license or driving privilege has been officially cancelled, denied, suspended, or revoked in Alabama or another state. This is a much more serious offense that results in substantial criminal and administrative consequences.

Severe Penalties for Driving While Disqualified

A conviction under Ala. Code § 32-6-19 results in mandatory and discretionary penalties that go far beyond a simple fine:

Comparative Overview of Alabama Unlicensed Driving Penalties

The table below summarizes the verdict and sentencing differences between the two primary offenses. All violations are classified as misdemeanors.

Penalty Category	Unlicensed Driving (§ 32-6-18)	Driving Suspended/Revoked (§ 32-6-19)
Base Fine Range	$10 to $100	$100 to $500
Additional Surcharge	$50 mandatory	$50 mandatory
Jail Time (Max)	Generally fine-only under the specific statute.	Up to 180 days
Vehicle Impoundment	Not specified under § 32-6-18.	Mandatory, subject to exceptions

Summary: Steps for Resolving a Traffic Misdemeanor

Navigating an Alabama traffic misdemeanor requires prompt and informed action. Here are the key takeaways:

1. Determine the Charge: Immediately identify if the citation is for simple “Driving Without a License” (§ 32-6-18) or the more severe “Driving While Suspended/Revoked” (§ 32-6-19).
2. Understand the Court Process: In Alabama, traffic tickets are classified as criminal misdemeanors, not civil violations. This means a conviction goes on your criminal record and could potentially involve jail time (especially for a suspended license offense).
3. Prepare for Fines and Fees: Be aware that you will be responsible for the base fine, the mandatory $50 surcharge, and additional court costs (often around $180).
4. Address Your License Status: If your license was suspended or revoked, you must resolve the underlying issue before your license can be reinstated. Reinstatement may require paying a reinstatement fee ($100 to $325), providing proof of SR-22 insurance, or attending a hearing, depending on the reason for the original suspension/revocation.
5. Seek Legal Expert Assistance: Given the criminal nature and potential jail time/impoundment, consulting a qualified Legal Expert is highly advisable to review your case and explore defense options.

---

Frequently Asked Questions (FAQ)

Q: Is driving without a license in Alabama a criminal charge?

A: Yes. All traffic violations in Alabama, including driving without a license, are classified as criminal misdemeanors under the Alabama Code, not civil violations.

Q: What is the maximum jail time for driving with a suspended license in Alabama?

A: For a first conviction of driving while suspended or revoked (Ala. Code § 32-6-19), the maximum jail sentence is up to 180 days.

Q: Can my vehicle be impounded if I’m caught driving on a revoked license?

A: Yes. Alabama law (Ala. Code § 32-6-19) requires immediate vehicle impoundment for driving while a license is revoked or suspended, subject to specific exceptions.

Q: Does a conviction for driving without a license affect my insurance rates?

A: Yes. Convictions for traffic tickets go on a defendant’s driver history, which can cause insurance rates to rise significantly.

Q: What is the difference between a license suspension and a revocation in Alabama?

A: A suspension is a temporary withdrawal of your license, which is typically reinstated after the time period elapses and a fee is paid. A revocation terminates your license, and you must reapply for a new license after the revocation period, which may involve more tasks like hearings or retaking tests.

Alabama driving without license penalty, driving while suspended Alabama, Alabama Code 32-6-18, vehicle impoundment Alabama, Alabama traffic court misdemeanor, license reinstatement process