What Happens If You Drive Without a License in California?

Getting a driver’s license is a rite of passage for many. But if you’re caught driving without one, you may face serious consequences. 

In California, driving without a valid license can be charged as a misdemeanor or an infraction. It’s different from simply not having your license on you and far less serious than driving on a suspended or revoked license. Your car can also be towed for up to 30 days in some situations. If there’s a crash, fault still hinges on negligence—not license status.

Let’s get into more about what happens and what you can do next.

Penalty for Driving Without a License

The Three Different Situations (Don’t Mix Them Up)

1. You don’t have a valid license at all — CVC §12500 (a) Prosecutors can file this as a misdemeanor (up to 6 months jail and up to $1,000 in fines) or as an infraction (up to $250). Courts/prosecutors often reduce if you promptly obtain a valid license. 
2. You have a valid license but didn’t have it with you — CVC §12951 This is typically an infraction for failing to present a DL; it can be dismissed if you show proof you were licensed at the time. Refusing to present when asked by an officer can be charged as a misdemeanor (same max jail/fine range as above). 
3. You’re driving while suspended or revoked — CVC §14601 This is a misdemeanor with mandatory minimums (e.g., at least 5 days jail on a first conviction) and fines up to $1,000, depending on the subsection and prior history.

Can Police Tow or Impound the Car?

Yes. California law authorizes agencies to tow and impound for up to 30 days when a vehicle is driven by an unlicensed, suspended, or revoked driver (CVC §14602.6). Local policies vary on when they use a 30-day hold. Expect significant tow/storage fees.

New to California? The 10-Day Rule

If you move to California, you generally must obtain a California DL within 10 days of becoming a resident (e.g., voting here, paying resident tuition, etc.). Continuing to drive on an out-of-state license after that can lead to a §12500 charge.

What If There’s a Crash?

License Status ≠ Fault

In injury cases, liability hinges on negligence (i.e., who breached a duty and caused the crash), rather than whether a driver had a valid license. Being unlicensed is not automatic negligence per se for causing a collision. Courts and practice materials emphasize that negligence must relate to the unsafe driving conduct itself.

Owner/Employer Exposure

Separate from the driver’s fault, the vehicle owner can face a negligent entrustment claim if they let an unfit/unlicensed person drive, and that unfitness substantially caused harm.

Immigration-Related Note: AB 60 Licenses

California issues AB 60 driver’s licenses to eligible residents who cannot establish lawful presence in the United States. An AB 60 DL is valid for driving and must be accepted by California law enforcement, just like any other state DL (it’s not a Real ID). If you’re eligible, obtaining one can resolve a pending §12500 case and prevent future citations.

Practical Tips if You’re Stopped (or Cited)

• If you’re licensed but forgot it: Bring proof of your valid DL to court—judges often dismiss a §12951 infraction.
• If you’re unlicensed: Obtain a California DL as soon as possible; prosecutors sometimes reduce §12500 charges if you get licensed while the case is pending. 
• If your license is suspended/revoked: Don’t drive. Fix the underlying suspension first; penalties under §14601 can include mandatory jail and a 30-day impound. 
• After a crash: Your ability to recover (or your exposure) depends on negligence and insurance. License status alone doesn’t decide fault.

Frequently Asked Questions (FAQs)

Is driving without a license a crime in California?
Yes. §12500 is a chargeable offense; filing level depends on the case.

Can I keep using my out-of-state license after moving here?
Only briefly—you’re expected to get a California DL within 10 days of residency.

Will my car be taken?
It can be up to 30 days if you’re unlicensed or have a suspended/revoked license, and local policy authorizes a 30-day hold.

Does being unlicensed ruin my injury claim?
No. You still can recover if the other driver was negligent; license status isn’t dispositive of fault. 

Bottom Line for California Drivers

• Get licensed (or re-licensed) quickly—it can reduce criminal exposure and prevent costly impounds.
• In civil cases, focus on negligence and insurance, not license status.
• Owners/employers: verify that anyone you let drive your vehicle is properly licensed to avoid negligent-entrustment exposure.

If you were cited for driving without a license—or injured by someone who was—our team can help you understand your options. We’ll review your situation, explain next steps, and fight to protect your rights. 문의하기 today for a free consultation.