Our driving violation attorneys in Chicagoland are the best at what they do. Let us help you.
Driving without a valid driver’s license is one of the most common issues our driving defense lawyers see.
One minute, you’re driving along the road, and the next, you’re pulled over by the police for some unrelated reason. When the officer realizes you don’t have a valid license, they’ll often issue a ticket and let you on your way.
But the police can also arrest you, and driving without a valid license is a criminal offense in Illinois.
Driver Defense Team will get to the root of the problem — why you don’t have a license in the first place. Once we know that, we can work out the best solution for you. Often, one of the best ways to handle this charge is to get you a valid license because if we can walk into court with your license, we’ll have a much easier time taking care of it for you.
Even when we can’t do that, there are still things we can do to get you the best outcome and on the road to getting a license, because we don’t want you to be worried about getting arrested every time you get behind the wheel of a car.
Why might you be charged with driving without a valid license?
There are several reasons why you might be charged with driving without a valid license, and the specific circumstances can affect the severity of the charge and how we can help.
You have a license, just not on you
The most straightforward scenario is when you have a valid license but didn’t have it on you when you got pulled over.
Illinois law requires you to have a valid license when you operate a vehicle, specifically saying you must have it on your “immediate person at all times when operating a motor vehicle.”
However, the law also states that you can’t be convicted if you can prove you had a valid driver’s license when you were pulled over.
- Have a DUI conviction.
- Use a vehicle in the commission of a felony.
- Provide false information to the Secretary of State.
- Are convicted of street racing
- Are convicted of three moving violations (or two if you’re under 21) in 12 months, and the number of points on your record totals 110 or more.
- Leave the scene of an accident causing death or personal injury.
You have a foreign driver’s license
If you’ve moved to Illinois with a foreign license, you need an Illinois driver’s license to drive legally.
Whether you’re an international student, here on a work visa, or have recently moved to the state, we can help you understand your options and get properly licensed.
Your license has been suspended or revoked
If your license has been revoked or suspended because of a DUI, getting too many tickets in a short time, or any of the other many reasons your license can be suspended or revoked, then it’s pretty clear that you don’t have a valid license.
You’ll often be charged specifically with Driving While License Suspended (DWLS) or Driving While License Revoked (DWLR). These are serious offenses with more severe penalties.
You’ve never had a driver’s license
How can you get charged with driving without a license if you’ve never had one to begin with?
The thing is, when you’re charged, the Illinois Secretary of State will issue you a driver’s license number.
If you’re convicted, the Illinois Secretary of State will suspend your license number. And you won’t be able to get a valid license until the suspension expires. You could wait out the suspension, but that’s not the best way to begin your driving journey. Your suspension will stay on your record for years.
Driver Defense Team can work out the best strategy for you. This might look like negotiating court supervision or getting your license before you go to court.
Your driving license was canceled
An Illinois driver’s license can be canceled for medical reasons (if you can’t operate a vehicle safely), if you obtained your license using false information, or if you were not legally able to receive your license when it was issued.
If you get pulled over and the police officer sees you have a canceled license, they can charge you. And it’s a serious offense. Like driving with a suspended or revoked license, driving with a canceled license is a criminal misdemeanor.
Penalties for an unlicensed driver
In Illinois, driving without a valid license is typically charged as a Class B misdemeanor if:
- Your license expired more than a year ago
- You’ve never had a license
- You’re not old enough to get a license.
The potential penalties for driving without a valid license are as follows for a class B misdemeanor:
- Up to 180 days in jail
- A fine of up to $1,500.
The charge becomes more serious (a Class A misdemeanor) in some cases, like if you’re caught driving after your license was revoked and you never got it reinstated.
The potential penalties for a Class A misdemeanor are:
- Up to one year in jail
- A fine of up to $2,500.
However, there are several alternative outcomes that the court may impose. These can include:
- Court supervision: This is available to first-time offenders and does not result in a conviction on your record, as long as you meet the court’s requirements.
- Conditional discharge: A conditional discharge results in a conviction, but you will avoid jail if you meet the court’s conditions. A conditional discharge can be imposed for up to two years.
- Probation: You may be eligible for probation for up to two years. As a condition of your probation, you may need to attend traffic school or complete community service, and report to your probation officer.
Other consequences of driving without a license in Illinois
Beyond the initial penalties, driving without a license in Illinois can trigger additional problems you might not be aware of. Depending on your driving history and the circumstances of your offense, you might also face much harsher consequences.
- Felony upgrades: You might be charged with a Class 4 felony if you’re driving on a license that has been suspended or revoked for serious offenses like DUI, reckless homicide, or leaving the scene of a crash. You can also be charged with a felony if you have multiple convictions for driving while suspended or revoked.
- Your car could be impounded: Many municipalities across Illinois, including Chicago, will impound your vehicle if you’re caught driving without a license. This also applies if you knowingly let an unlicensed person drive your car. The administrative fees alone can run from hundreds to thousands of dollars, and storage costs add up quickly.
- Insurance problems and accident liability: Driving without a license often means you don’t have valid insurance coverage. This can become a major problem if you’re involved in an accident and an injured driver wants to pursue compensation. Not having a valid license can be used as evidence of negligence in civil court, and because your insurance company likely won’t provide coverage, you could be held personally liable.
- Extended license penalties: The Illinois Secretary of State can also impose a driver’s license suspension or revocation on your record. If you’ve never been issued a license, this penalty can delay or prevent you from getting a license in the future. For Illinois drivers who have no prior suspensions or revocations, the penalty ranges from a two-month suspension for a first offense to a license revocation for a fifth or subsequent offense. Drivers who have previously been suspended or revoked face more severe penalties.
An innocent mistake can end up having a massive impact on your life.
That’s why it’s important to avoid a conviction. And we can help with that.
