The penalties for driving without a license in Colorado (42-2-101 C.R.S.) depend on whether you simply forgot to carry the license, never had one, or had the wrong one.
You Forgot To Carry Your License
Driving in Colorado without your driver’s license with you is a class B traffic infraction, carrying $15 to $100 in fines. If you get convicted a second time, the DMV puts six DMV points on your license.
However, the court may dismiss the charge completely if you produce a current and valid license at your next court appearance.1
Your License Expired Less Than One Year Ago
Colorado’s penalties for driving on a license that expired less than a year ago are the same as for forgetting to bring your license with you: It is a class B traffic infraction, carrying $15 to $100 in fines, and a subsequent conviction puts six DMV points on your license.
If you get a new license by your next court appearance, the judge may dismiss your case completely.2
Your License Expired At Least One Year Ago, or You Never Had a License
In Colorado, driving with a license that expired at least one year ago – or driving never having had a license – is a class A traffic infraction carrying $15 to $100 in fines. A subsequent conviction may prevent you from getting a license for one year.3
Driving With the Wrong Type of License
Colorado also prohibits driving with a license for the wrong class of vehicle, such as a motorcycle or commercial vehicle. This is a class A traffic infraction, carrying $15 to $100 in fines. If you commit this offense twice, you may be unable to get a license for one year.4
Driving on a Suspended or Revoked License
Driving on a license that was suspended or revoked is called driving under restraint in Colorado (42-2-138 C.R.S.).
If your license was suspended or revoked for a non-DUI related reason, driving under restraint is a class A traffic infraction. This carries $15 to $100 in fines plus a one-year license suspension. A subsequent conviction within five years extends your license suspension or revocation to three years.
Meanwhile, if DUI is the reason your license was suspended or revoked, driving under restraint is a class 2 misdemeanor traffic offense. This carries:
- 10 days to 1 year in jail (with at least 10 days mandatory), and
- $150 – $1,000 in discretionary fines, and
- A 1-year extension of your license suspension or revocation.
A subsequent offense is also a class 2 misdemeanor traffic offense, but with harsher penalties:
- 10 days to 2 years in jail (with at least 10 days mandatory), and
- $500 – $3,000 in discretionary fines, and
- A 4-year extension of your license suspension or revocation (if the incident occurred within five years of the last one).5
CRS 42-2-101 carries $15 to $100 in fines.
Defenses to “Driving Without a License”
Here at Colorado Legal Defense Group, I have represented literally thousands of people facing traffic citations, including for driving without a license. In my experience, the following six offenses have proven very effective with prosecutors and judges at getting these charges dropped.
- You had a current and valid license. You merely forgot to carry it the day you were pulled over, and you present it to the court at your next appearance.
- The license expired less than one year ago, and you renewed it shortly after you were ticketed.
- Your license has been lost, destroyed, or stolen.
- The license was valid because your trunk weighed less than the required weight to get a commercial driver’s license (CDL).
- You drove because it was necessary to prevent a serious and imminent injury not caused by your driving.
- You did not need to have a license either because:
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- You were an active military member;
- You had a valid out-of-state license and were merely visiting Colorado;
- You just moved to Colorado within the last 30 days and had a current and valid out-of-state license; or
- You were temporarily operating farm equipment.
Additional Resources
For information on how to get a driver’s license in Colorado, refer to the following DMV webpages:
- I’m an Adult Driver (21-64) – Instructions and links to forms.
- I’m a Minor Driver (Under 21) – Instructions and links to forms if you are 15 to 20 years old.
- I’m a Driver 65 and Older – Instructions and forms for senior citizens.
- I’m a Motorcycle Driver – Instructions and forms as well as maps for bikers of different abilities.
- I’m a Commercial Driver – Instructions and forms for drivers who operate any commercial vehicle with a minimum 26,001 GVWR, or that is designed to transport at least 16 passengers (including you), or that is transporting hazardous materials and needs to be placarded in accordance with 49 CFR Part 172, Subpart F.
Legal References
- 42-2-101 C.R.S. SB21-271.
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- 42-2-138 C.R.S. SB21-271.
