Penalties for Driving Without a License in Alabama

Operating a motor vehicle on Alabama’s highways is a privilege, not a right, and comes with strict requirements, chief among them possessing a valid driver’s license. Whether you have simply never obtained a license, or, more seriously, are driving while your license is suspended or revoked, the state imposes clear and often severe penalties. The consequences go beyond simple traffic fines, potentially including jail time, mandatory vehicle impoundment, and significant financial obligations through court-ordered restitution.

This professional overview clarifies the distinction between the two main unlicensed driving offenses in Alabama and explains when and how a criminal sentence may include a mandate for victim restitution.

Driving Without a Valid License (Ala. Code § 32-6-18)

The least severe charge related to driving without a license in Alabama applies to those who are required to have a license but operate a vehicle without one. This typically applies to individuals who have let their license expire or who have never obtained one in the first place.

It is important to note the difference between being unlicensed and merely failing to have a valid license in your possession. If a driver is cited for failing to display a valid license but can later produce a license that was valid at the time of the citation in court, the charge may be dismissed. However, a conviction for genuinely operating a vehicle without ever having obtained a license will carry the fine and penalty outlined above.

Driving While Suspended or Revoked (DWLS/DWLR) (Ala. Code § 32-6-19)

Driving with a canceled, denied, suspended, or revoked license (DWLS or DWLR) is treated far more seriously than simple unlicensed driving and is addressed under Alabama Code § 32-6-19. The penalties reflect the willful disregard for a prior official withdrawal of driving privileges.

Penalties for Driving While Suspended or Revoked (DWLS/DWLR)

Consequence	Details
Fine	A fine ranging from $100 to $500.
Jail Time	A sentence of imprisonment for no more than 180 days.
Additional Revocation	At the discretion of the Director of Public Safety, the person’s license may be revoked for an additional six-month period.
Vehicle Impoundment	The vehicle shall be impounded by law enforcement, regardless of who owns it or has possessory interest. The impoundment is generally only exempted if the vehicle owner or another family member is present and presents a valid license, or in a genuine emergency.

The Critical Issue of Restitution in Traffic Cases

The penalty statutes for driving without a license (Ala. Code § 32-6-18) and driving while suspended (Ala. Code § 32-6-19) do not, in themselves, mention restitution. Restitution is a separate criminal sentencing mechanism that applies when a crime results in financial loss or damage to a victim.

When Restitution is Mandated

Under Alabama Code § 15-18-67, when a defendant is convicted of any crime that resulted in pecuniary damages or loss to a victim, the court is legally obligated to hold a hearing to determine the amount and type of restitution the defendant must pay.

Therefore, restitution becomes a primary concern when a person driving without a valid license is involved in a motor vehicle accident that results in:

• Property damage (e.g., to another person’s vehicle or property).
• Physical injury or death, leading to medical expenses, lost wages, or replacement services loss.

The Court’s Consideration of Financial Ability

When determining the amount and method of payment for restitution, the court must take into consideration the defendant’s financial resources and their ability to pay the restitution in installments or other conditions. Crucially, Alabama law protects defendants by prohibiting a person from being incarcerated solely for the inability to pay fines, fees, or restitution, unless the failure to pay is determined to be willful after an ability-to-pay hearing. Restitution payments are prioritized to the victim over court-imposed fines.

Summary of Sentencing and Restitution

Key Takeaways for Unlicensed Driving in Alabama

1. Driving Without a License (Unlicensed): This is a misdemeanor with fines generally up to $100 plus a mandatory $50 fee (Ala. Code § 32-6-18).
2. Driving While Suspended/Revoked (DWLS/DWLR): This is a serious misdemeanor offense, carrying fines up to $500, a potential jail sentence of up to 180 days, and possible additional license revocation.
3. Mandatory Impoundment: A DWLS/DWLR offense results in the immediate and mandatory impoundment of the vehicle driven, regardless of who owns it, with very few exceptions.
4. Restitution Trigger: Restitution (Ala. Code § 15-18-67) is mandated by the court if the driving offense resulted in financial loss or damage to a victim (e.g., an accident).
5. Ability to Pay: The court must consider the defendant’s financial ability to pay when setting the restitution amount or payment plan (Ala. Code § 15-18-68 and Rule 26.11).

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Frequently Asked Questions (FAQ)

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