Categories: Court Info

Your Guide to Alabama Driving Without a License Charges

Meta Description: Understand the serious consequences, arraignment procedures, and potential for restitution in Alabama when charged with driving without a license or driving while suspended. Learn how to navigate the legal process with a professional and calm approach.

Navigating Alabama Traffic Law: Driving Without a License, Arraignment, and Financial Obligations

Being pulled over for driving without a valid license in Alabama can be a stressful and confusing experience. It’s more than just a simple ticket; it is a criminal offense that can lead to significant fines, potential jail time, and an entry on your criminal record. Understanding the distinction between the charges, the court process, and what the term “restitution” means in this context is essential for protecting your future driving privileges and financial health.

This professional guide aims to clarify the steps involved, from the initial citation to the final resolution in an Alabama court, providing a calm and clear overview of the potential penalties and required legal actions.

The Two Core Violations in Alabama

Alabama law distinguishes between two major types of unlicensed driving violations, each carrying different penalties:

1. Driving Without a License (DWOL)

This generally applies to a person who has never been issued a license or whose license has expired. A first-time conviction is a misdemeanor, typically carrying a fine of $10 to $100, plus mandatory fees.

2. Driving While Suspended, Revoked, or Restricted (DWSR)

This is considered a more serious offense. It applies if your driving privileges were previously cancelled, denied, suspended, or revoked. The penalties are much steeper and often include mandatory vehicle impoundment.

Penalties and Financial Consequences

The financial and legal repercussions for these offenses are significant, involving mandated fines, fees, and the possibility of incarceration.

Alabama Penalties for Unlicensed Driving Offenses (First Offense)
Violation	Legal Classification	Fine/Penalty Range	Potential Jail Time
DWOL (No License)	Misdemeanor	$10 to $100 + $50 Mandatory Fund Penalty	None typically mentioned for first offense.
DWSR (Suspended/Revoked)	Misdemeanor	$100 to $500 + $50 Mandatory Fund Penalty	Up to 180 days

Crucially, Alabama law mandates an additional, automatic $50 penalty on conviction for these violations. This fee is distributed to the Traffic Safety Trust Fund and the Peace Officers Standards and Training Commission Fund.

The Arraignment and Court Process

An arraignment is your first formal appearance in court, where you are read the charges and enter a plea (Guilty, Not Guilty, or Nolo Contendere). For traffic citations, a mandatory court appearance before a judge may be required, depending on the charge.

Alabama’s Online Resolution System

Alabama offers an On-Line Traffic Resolution System (OTR) through resolve.alacourt.gov. This system may allow you to resolve your ticket without a physical court appearance by:

Pleading Guilty and paying the fine/fees.
Uploading Proof of Driver’s License (if you simply failed to display a valid one).
Requesting permission to attend Defensive Driving School (DDS), which may lead to case dismissal upon completion and payment of court costs (in certain counties/cases).
Pleading Not Guilty and requesting a trial date.

If your ticket cannot be resolved online, the system will instruct you that you must appear in court.

— Caution: Failure to Appear (FTA) —

Failing to resolve your ticket or appear at your scheduled court date is a serious violation. It can result in a late fee, a driver’s license suspension, and/or a warrant issued for your arrest, leading to much more severe legal issues.

Understanding ‘Restitution’ in Traffic Cases

The concept of “restitution” often arises in the context of criminal cases, as it is financial compensation that an offender pays to a crime victim for losses suffered due to the crime. In a standard driving without a license case, which typically involves only the state, there is no direct victim, and therefore, no traditional restitution order for the charge itself.

However, the term can be linked to your case in two important ways:

Restitution for Damages: If the unlicensed driving incident involved an accident that resulted in damages, injury, or death, you could be ordered to pay restitution to the injured parties as part of your criminal sentencing, regardless of whether you are also facing civil liability. This is separate from the fine for the license violation itself.
Court-Ordered Financial Collection: In Alabama, if you are convicted and fail to pay the required fines, court costs, and fees within the allotted time (typically 90 days), the matter may be referred to the District Attorney’s Restitution Recovery Unit for collection. While the money owed is technically fines and costs, the unit’s involvement means that unpaid amounts are treated with the seriousness of a financial recovery effort, and the total amount owed will increase by 30%.

💡 Tip: Reinstating Your License

A license is not automatically reinstated after a suspension or revocation period has passed. You must actively pay all reinstatement fees to the Alabama Law Enforcement Agency (ALEA). For suspended licenses, the fee is typically $100, while revoked licenses require a $175 fee. Alcohol/drug-related suspensions or revocations carry a $275 fee. Always obtain a clearance letter from the court to submit to ALEA.

Case Example: DWSR and Vehicle Impoundment

A driver in Jefferson County, Alabama, was cited for Driving While Suspended. Because the charge was a violation of Alabama Code § 32-6-19, the law enforcement officer was required to immediately impound the vehicle. The driver faced a fine, potential jail time, and an additional revocation period of up to six months at the discretion of the Director of Public Safety. Critically, the vehicle owner could only retrieve the car after paying all necessary towing and storage fees, which become a lien against the vehicle. This demonstrates how financial penalties quickly extend beyond simple court fines.

Summary of Key Actions

If you are facing an Alabama driving without a license charge, taking the following steps will help you navigate the process:

Verify the Charge: Understand if you are charged with DWOL (Ala. Code § 32-6-18) or the more serious DWSR (Ala. Code § 32-6-19).
Check Online Resolution: Use Alabama’s OTR system (resolve.alacourt.gov) immediately to see if you can resolve the ticket online, upload proof of a valid license, or request Defensive Driving School.
Seek Legal Counsel: Consult with a qualified Legal Expert to review your case, protect your rights, and determine the strongest defense, especially if the charge is DWSR or involves an accident.
Prepare for Court: If required to appear, ensure you are ready to enter a plea. If pleading Not Guilty, seek professional legal representation.
Address Your License Status: Take immediate action to reinstate your license, as simply paying the ticket does not make your license valid again. Pay all required fees to ALEA upon completion of court requirements.

Card Summary: Immediate Legal Focus

The most crucial step in any Alabama unlicensed driving charge is to determine if you can resolve the issue online or if a mandatory court appearance is required. Ignoring the citation will lead to an arrest warrant and further license suspension. Be aware of the automatic $50 penalty and the risk of vehicle impoundment for driving while suspended. If you fail to pay court-ordered fees, they may be subject to collection by the Restitution Recovery Unit with a 30% increase. Consulting a Legal Expert is highly recommended.

Frequently Asked Questions (FAQ)

Is driving without a license a misdemeanor in Alabama?

Yes, both driving without a valid license (DWOL) and driving while suspended or revoked (DWSR) are classified as misdemeanor offenses in Alabama.

What happens if I forget to bring my license and get pulled over?

If you possess a valid license but failed to display it, you may face a fine. However, this charge is often dismissed if you produce a license that was valid at the time of the citation in court or at the police station.

Can my vehicle be impounded for driving while suspended in Alabama?

Yes. Alabama law requires the vehicle to be towed and impounded immediately if the driver is cited for driving while their license or privilege is suspended or revoked.

Do I have to pay ‘restitution’ for an unlicensed driving ticket?

No, not in the traditional sense of compensating a victim, unless an accident was involved. However, if you fail to pay court-ordered fines and fees, the unpaid amount may be referred to the District Attorney’s Restitution Recovery Unit for aggressive collection, incurring an additional 30% penalty.

Disclaimer: This blog post is for informational purposes only and is not legal advice. The information is based on public statutes and general legal knowledge. Traffic laws and court procedures change frequently, and the specifics of your case depend on the county and judicial discretion. You should always consult with a qualified Legal Expert licensed in Alabama to discuss your individual situation. This content was generated by an AI assistant.

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