Meta Description: Understand the serious trial penalties for driving without a license in Alabama, including fines, jail time, and vehicle impoundment under AL Code § 32-6-18 and § 32-6-19. Learn the key difference between an expired license and a suspended one.
Driving is a necessity for many in Alabama, but it comes with the fundamental requirement of holding a valid driver’s license. If you find yourself facing a citation for driving without one, it’s crucial to understand that Alabama treats these violations as serious criminal offenses, not just simple civil infractions. The specific penalties you face in a trial setting will depend entirely on why you were driving without a license.
This post breaks down the two main categories of unlicensed driving under Alabama law—driving without ever being licensed and driving with a suspended or revoked license—and outlines the stiff penalties associated with each, offering calm, professional guidance on navigating the court process.
Distinguishing Unlicensed vs. Suspended/Revoked Driving
Alabama law distinguishes between two key scenarios, which carry drastically different penalties:
- Driving Without a Required License (AL Code § 32-6-18): This typically applies to a person who has either never obtained a license, has an expired license, or simply does not have it in their possession when stopped. It is the less severe of the two offenses.
- Driving While Suspended, Revoked, or Cancelled (AL Code § 32-6-19): This is the more severe charge and applies when a person operates a vehicle after their driving privilege has been formally withdrawn by the Alabama Law Enforcement Agency (ALEA) or another state.
Penalties Under AL Code § 32-6-18: Unlicensed in General
If you are required to have a driver’s license but drive without one, you are guilty of a misdemeanor under Section 32-6-18. The penalties are generally less severe than driving while suspended, but still constitute a criminal record:
| Penalty Type | Scope of Punishment |
|---|---|
| Fine Range | A fine of not less than $10 and not more than $100. |
| Additional Penalty | An automatic assessment of an additional $50 penalty, distributed between the Traffic Safety Trust Fund and the Peace Officers Standards and Training Fund. |
| Jail Time | While the statute doesn’t specify jail time here, the general misdemeanor penalty may apply, and any offense is considered a criminal matter in Alabama. |
💡 Legal Expert Tip: License in Possession
If you were stopped for not having your license in your possession but had a valid one at the time, you may be able to get the charge dismissed by producing the valid license in court or at the police station. This is a critical distinction that can prevent a conviction.
Penalties Under AL Code § 32-6-19: Suspended or Revoked License
This is where the penalties become substantially more severe. Driving while your license is suspended, revoked, or denied is classified as a “serious traffic offense” and mandates a court appearance; it cannot be resolved simply by paying a fine online. A conviction results in a revolving door of license extension issues if not addressed properly.
⚠️ Caution: Mandatory Penalties
- Fines: A fine of not less than $100 and up to $500. This is in addition to the mandatory $50 Traffic Safety and Peace Officers fund penalty.
- Jail Time: You face the possibility of up to 180 days in jail.
- License Extension: At the discretion of the Director of Public Safety (ALEA), your suspension or revocation period can be extended for an additional six months.
- Vehicle Impoundment: The vehicle you are operating shall be impounded immediately by the law enforcement officer, regardless of who owns it, unless a licensed owner or family member is present and can drive it. You will be responsible for all towing and storage fees.
Aggravating Factors: DUI and Unlicensed Driving
If you are charged with Driving Under the Influence (DUI) while your license is already suspended, it can elevate the charge to aggravated DUI, which is a felony offense. Felony charges carry much greater penalties, including:
- Imprisonment for at least two years.
- Fines up to $4,000.
- Mandatory suspension of a driver’s license for an additional year.
Navigating the Alabama Traffic Court Trial
Since traffic offenses in Alabama are criminal in nature, you have the right to contest the charge by pleading not guilty and requesting a trial.
Trial Options and Procedures
The Alabama Judicial System’s Online Traffic Resolution (OTR) system allows defendants to explore options for their citation, though serious offenses like driving while suspended require a mandatory court appearance.
Pleading Not Guilty: You can select the option to “Plead Not Guilty and Request a Trial” through the OTR system or by contacting the Circuit Clerk’s office. Trials can be requested as in-person or, in some jurisdictions, a virtual hearing (e.g., over Zoom) at the discretion of the presiding judge.
Defensive Driving School (DDS): For some violations, the court may allow attendance at a state-approved Defensive Driving School, which can lead to the dismissal of the ticket upon successful completion and payment of court costs. However, DDS is not a guaranteed right for traffic violations; it must be negotiated and is often at the judge’s discretion, especially for repeat or serious offenses.
Consequences of Conviction
If convicted, beyond the statutory fines and potential jail time, the conviction goes on your criminal and driving record. This can trigger a loss of points under the Alabama driving point system, potentially leading to a *new* license suspension if you accumulate 12 or more points in a two-year period.
Case Snapshot: The Suspension Cycle
A common pitfall in § 32-6-19 cases is the “revolving door” of suspension. If a driver’s license is suspended, and they are caught driving and convicted, their license suspension period is often extended by an additional six months. If they drive again during this new, extended period and are caught, the cycle repeats, continually delaying the date they can legally reinstate their license.
Summary of Key Takeaways
- Driving without a license in Alabama is a misdemeanor criminal offense, not a civil fine.
- Driving while Suspended or Revoked (§ 32-6-19) carries penalties of a fine up to $500, up to 180 days in jail, and mandatory vehicle impoundment.
- Driving without ever being licensed or with an expired license (§ 32-6-18) results in a fine of $10 to $100, plus court fees.
- A conviction for driving while suspended may automatically extend your suspension period by six months at the discretion of the Director of Public Safety.
- Contesting the ticket and requesting a trial is an option, and may allow negotiation for alternative resolutions like defensive driving school (if eligible).
⚖️ Unlicensed Driving Penalty Card
Severity Depends on the Charge
- Unlicensed (§ 32-6-18): Up to $100 Fine + $50 Penalty.
- Suspended/Revoked (§ 32-6-19): $100-$500 Fine, Up to 180 Days Jail, Vehicle Impoundment.
- Best Action: Consult a Legal Expert to navigate the trial and potential license reinstatement.
Frequently Asked Questions (FAQ)
Q: What is the difference between an unlicensed driver and a suspended driver in Alabama?
A: An unlicensed driver may have never obtained a license or has an expired one (covered by § 32-6-18). A suspended or revoked driver had their driving privilege formally withdrawn by the state (covered by the much harsher § 32-6-19).
Q: Can I go to jail for driving without a license (never had one) in Alabama?
A: The statutory fine for driving without a required license (§ 32-6-18) is $10 to $100, but as it is a misdemeanor, the maximum jail sentence for a general misdemeanor may apply. However, the penalties are far less likely to include jail time than for driving while suspended, which explicitly states up to 180 days.
Q: Will my car be impounded if I am caught driving while suspended?
A: Yes, under AL Code § 32-6-19, the vehicle shall be impounded immediately by the officer, unless a licensed owner or family member is present in the vehicle. You will be responsible for the towing and storage fees.
Q: How do I get my license back after a suspension?
A: Reinstatement requirements vary but often include serving the full suspension period, paying all fines and court costs, completing any mandated courses (like Defensive Driving School), and paying a reinstatement fee to the Alabama Law Enforcement Agency (ALEA). A new license is not automatically valid once the suspension period ends.
Q: Are Alabama traffic violations considered criminal offenses?
A: Yes. Unlike in many other states, traffic violations in Alabama are classified as criminal offenses, meaning they carry the potential for jail time and create a criminal record.
Important Disclaimer
*AI-Generated Content and Legal Disclaimer*
The information provided in this blog post is for educational and informational purposes only and is based on general Alabama statutory law, specifically AL Code Title 32, as reported by public legal resources. This content is generated by an artificial intelligence model and is not a substitute for professional legal advice, nor does it create an attorney-client relationship. Laws change frequently, and the facts of your individual case are unique. Always consult with a qualified local Legal Expert to discuss your specific situation, court jurisdiction, and the latest version of applicable statutes.
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Please consult a qualified legal professional for any specific legal matters.