What are the Penalties for Driving Without a License in Arizona?
When it comes to operating a vehicle without a driver's license, Arizona is tough. Arizona law requires that you have your license with you at all times while driving. There are certain circumstances when you might find yourself without a license:
- You have never obtained a valid driver’s license
- You have one, but did not have it with you when you were pulled over
- Your license is expired (yes, that means it is invalid)
- Your license is suspended or revoked
The nature and extent of any fines and penalties you might receive as a result of not having a valid license will vary depending on your situation and current driving record.
Obtaining a Proper License in Arizona
If you are an Arizona resident, you must obtain your license from the Arizona Department of Transportation (ADOT), and you must have a valid license to operate any motor vehicle (Arizona Revised Statute §28-3151). If you reside in another state, you should have a valid license issued by your home state’s motor vehicle department.
In Arizona, your driver’s license must contain the following information:
- Legal full name
- Date of birth
- Gender, weight, height, and eye color
- Residential address
- Signature
If the police pull you over or you are in an accident, you may be cited for a traffic violation if you do not present your license.
Penalties for Driving Without a License
Suppose you are pulled over and do not have your license. In that case, the police officer will check the license plate of the vehicle you are driving to confirm whether the vehicle has a valid registration or whether it has recently been involved in a crime (i.e., stolen).
You Forgot Your License
The officer will then run your personal information through their database. This check will confirm whether you do, in fact, have a valid license. If so, and you have just forgotten it, you might receive a ticket for $120. You may pay the fine or appear in court to contest the ticket. Typically, showing the court that you did have a license when you were stopped is enough to get a reduced fine or even a dismissal of your case.
You do Not Have a Valid License
If the officer cannot locate your driver’s license information because you do not have one, you may be charged with a class 2 misdemeanor. Under Arizona law, you face a jail sentence of up to four months (Arizona Revised Statute §13-707) and a fine of $750.00. You might not receive the maximum penalty if this is your first offense. Still, penalties will likely increase if this is a second or third offense, or you were engaged in reckless driving (Arizona Revised Statute §28-693).
You Have an Expired License
Like driving with no valid license, driving with an expired license is a class 2 misdemeanor which carries a maximum jail sentence of four months, a $750.00 fine, and two years of probation. If you go to court and prove that your failure to renew your license was an oversight, the court may reduce your fine or dismiss the case.
A Suspended or Revoked License in Arizona
There are many reasons for a suspended or revoked license, including:
- Driving Under the Influence (Arizona Revised Statute §28-1321)
- Reckless Driving (Arizona Revised Statute §28-693)
- Vehicular Manslaughter
- Excessive Points on your Driving Record
- Driving Without Insurance
- Failing to Pay a Fine
- Failing to Appear in Court
Penalties for Driving on a Suspended or Revoked License in Arizona
If your license is suspended or revoked and you are stopped while driving, you may be charged with a class 1 misdemeanor, which is the most serious misdemeanor offense. You face up to six months in jail, three years of probation, and a $2,500 fine (Arizona Revised Statute §13-707). Also, your vehicle could be impounded for 30 days.
If your license is suspended or revoked because you received a DUI, your probation period could extend from a three-year maximum to a five-year maximum. You may also be charged with a felony if you are charged with a DUI while driving on a suspended license, regardless of why your license was initially suspended.
Reinstating or Obtaining a Valid License in Arizona
Most importantly, if you do not have a valid license, do not drive. You can risk losing your driving privileges permanently. Additionally, if you are caught driving without a license a second or third time, your penalties and fines will be higher, and it may take even longer for your license to be reinstated.
Reinstating a Suspended License
Once your suspension period ends, you may contact the court listed on your suspension notice and pay all fines and penalties. You will then receive a clearance receipt or Court Abstract form that includes:
- Complaint Number
- Violate Date and Code
- Final Disposition Date and Code
You should take the receipt or Abstract form to an Arizona motor vehicle office and pay the application fee and a $10 reinstatement fee. If you have no recent digital photo on file, you will have to appear in person and have your picture taken. Otherwise, you may be able to pay the fines and fees online.
Reinstating a Revoked License
Similar to a suspension period, if your license has been revoked you will need to complete the revocation period before you may request reinstatement. You must then submit an investigation packet that will enable you to reapply using the Permission to Reapply Notice if approved by the Motor Vehicle Department.
If your license was revoked due to an alcohol or drug-related conviction, you must obtain what is known as proof of Future Financial Responsibility, or an “SR-22” form. This form demonstrates that you have obtained sufficient high-risk insurance to permit reinstatement of your driving privileges in the state of Arizona. Additionally, if you are required to have an interlock ignition device installed, you must provide proof of installation before your license will be reinstated.