NRS § 483.230 – Driving Without a License – Las Vegas, Nevada Law

Nevada law requires you to have a current and valid driver’s license in order to operate a motor vehicle on a highway. Driving without a license (or even with an expired or invalid license) is a misdemeanor offense punishable by up to 6 months in jail and up to $1,000 in fines.

Here are five key things to know about driving without a license in Nevada:

1. It may be possible to plea bargain the charge down to a lesser offense.
2. Some prosecutors dismiss these charges if you soon obtain a valid license and show proof to the court.
3. Convictions are sealable from your record one year after the case ends. Dismissed charges are sealable right away.
4. Illegal aliens cannot get driver’s licenses, though they can get driver’s authorization cards (DACs).
5. Driving on a revoked license is also a misdemeanor, though some jail is mandatory if a DUI triggered the revocation.

We have a long track record of getting “driving without a license” charges dismissed in Nevada. In this article, our Las Vegas DUI defense attorneys discuss:

• 1. Is it illegal to drive without a license in Las Vegas?
• 2. Who is exempt from having a driver’s license in Nevada?
• 3. What are the penalties?
• 4. How do I fight the charges?
• 5. Am I eligible for a Nevada driver’s license?
• 6. Can illegal aliens get driver’s licenses?
• 7. What if I live out of state?
• 8. How do I get a Nevada driver’s license?
• 9. What if my license was suspended?
• 10. When can I seal my case?
• 11. Can I be deported?

1. Is it illegal to drive without a license in Las Vegas?

Yes. You must carry your proof of licensure with you whenever you are driving. If you forget to bring your card with you, you will still get cited for violating NRS 483.230. Though prosecutors usually drop the charge if you later show proof of being licensed at the time.¹

Out-of-state or foreign drivers in Nevada are required to carry proof of licensure from their home state or country.²

2. Who is exempt from having a driver’s license in Nevada?

You do not need a Nevada driver’s license to drive in Nevada if you are either:

1. driving a motor vehicle in the service of the Armed Forces; or
2. driving any road machine, farm tractor or implement of husbandry temporarily operated or moved on a highway; or
3. a nonresident who is at least 16 years old and carrying a valid out-of-state license; or
4. a nonresident who is at least 18 years old, your home state/country does not require a license, you are driving a motor vehicle for no more than 90 days each calendar year, and the motor vehicle is registered in your home state/country; or
5. a nonresident on active duty in the Armed Forces and you have a valid license issued by your home state (or you are the spouse or dependent child of the nonresident, and you have a valid license issued by such state); or
6. on active duty in the Armed Forces, have a valid license issued in a foreign country by the Armed Forces, and you are driving only within 45 days of returning to the United States.³

3. What are the penalties?

Driving unlicensed is a misdemeanor in Nevada, carrying:

• a fine of up to $1,000, and/or
• up to six months in jail

Though from our experience fighting these types of traffic violations, jail time is rare.

Depending on the case, you may also get a suspended license as part of the sentence. Then you would have to apply for reinstatement.

Note that anyone who moves to Nevada must obtain Nevada driver’s licensure within thirty (30) days or risk misdemeanor penalties of up to $1,000 in fines, and/or up to six months in jail.⁴

4. How do I fight the charges?

Here at Las Vegas Defense Group, we have defended literally thousands of clients facing driver’s license-related citations, and we have had great success getting NRS 483.230 charges dismissed by arguing that:

1. You were in fact licensed at the time of your traffic stop but just did not have the license on your person at the time;
2. You obtain a license promptly after the traffic stop (which shows the D.A. that you are taking the case seriously and may prompt them to drop the case); and/or
3. The police committed misconduct, such as failing to read your license correctly or falsely accusing you.

Note that having recently expired licensure is not a defense to charges of driving unlicensed. Though if you get a new license right away, in our experience that may be sufficient to persuade the prosecutor to drop the charges.

5. Am I eligible for a Nevada driver’s license?

Barring extenuating circumstances, state residents 16 and older are eligible for some class of driver’s license upon passing the Nevada DMV driving test:⁵

Age of Nevada resident	Type of license you may be eligible for
At least 18 years of age	Non-commercial license
16- and 17-year olds	Restricted license for teens
15-and-a-half-year olds	Learner’s permit (instruction permit)

6. Can illegal aliens get driver’s licenses?

Contrary to popular belief, undocumented immigrants may not be granted Nevada driver’s licenses. However, undocumented immigrants can obtain a driver’s authorization card (DAC) as long as they can show the DMV:

• proof of identity; and
• proof of Nevada residency.

Like drivers’ licenses, DACs allow card-holders to drive in Nevada. Though unlike driver’s licenses, DACs do not allow cardholders to board aircraft, obtain state benefits or services, or drive in other states. Read more about driving rules for illegal aliens in Nevada.

7. What if I live out-of-state?

With Las Vegas being a tourist destination, many of the people we represent live out of state. In our experience, you should not have to come back into Nevada for a “driving without a license” case. We can appear in court on your behalf.

If you ignore the charge and neglect to hire local counsel, the judge will issue a bench warrant for your arrest after the first missed court appearance or fine payment deadline.

8. How do I get a Nevada driver’s license?

State residents usually have to go to the DMV in person to apply for licensure. You may be able to make appointments ahead of time online.

Currently, the DMV has locations in Clark County and the rest of the state at:

Carson City 555 Wright Way Carson City, NV 89711 8a-5p M-F | Get Map (775) 684-4368	Elko 3920 E. Idaho Street Elko, NV 89801 8a-5p M-F | Get Map (877) 368-7828
Ely 178 Avenue F Ely, NV 89301 8a-5p M-F | Get Map (877) 368-7828	Fallon 973 W. Williams Ave. Fallon, NV 89406 8a-5p M-F | Get Map (877) 368-7828
Hawthorne 1085 Highway 95, Suite B Hawthorne, NV 89415 8a-5p M-F | Get Map (877) 368-7828	Henderson 1399 American Pacific Dr. Henderson, NV 89074 8a-5p M-F, 8a-4p Sat. | Get Map (702) 486-4368
Las Vegas – Decatur 7170 N. Decatur Blvd. Las Vegas, NV 89131 8a-5p M-F, 8a-4p Sat. | Get Map (702) 486-4368	Las Vegas – East Sahara 2621 E. Sahara Ave. Las Vegas, NV 89104 8a-5p M-F, 8a-4p Sat. | Get a Map (702) 486-4368
Las Vegas – West Flamingo 8250 W. Flamingo Rd. Las Vegas, NV 89147 8a-5p M-F, 8a-4p Sat. | Get Map (702) 486-4368	Laughlin 3030 S. Needles Hwy., Suite 100 Laughlin, NV 89029 8a – 5p M-F | Get a Map (702) 486-4368
Mesquite 550 W. Pioneer Blvd., Suite 120 Mesquite, NV 89027 8a-5p M-F | Get Map (877) 368-7828	Pahrump 1780 E. Basin Ave., Suite 1 Pahrump, NV 89060 8a – 5p M-F | Get a Map (877) 368-7828
Reno 305 Galletti Way Reno, NV 89512 8a-5p M-F, 8a-4p Sat. | Get Map (775) 684-4368	Tonopah 1137 N. Main St., Suite C-8 Tonopah, NV 89049 8a – 5p M-F | Get a Map (877) 368-7828
Winnemucca 3505 Construction Way Winnemucca, NV 89445 8a-5p M-F | Get Map (877) 368-7828	Yerington 215 W. Bridge St., Suite 9 Yerington, NV 89447 8a – 5p M-F | Get a Map (877) 368-7828

If you apply for a driver’s license, be prepared to present the following documentation to the Nevada DMV:

• your previous driver’s license or state-issued ID,
• proof of your social security number, and
• two proofs of your address (such as utility bills)

Driver’s licenses are typically valid for eight (8) years and cost $42.25. Senior citizens aged 65 and older may get licenses good for four (4) years and that cost $18.25.

Refer to the Nevada DMV Driver’s License website for more instructions.

9. What if my license was suspended?

Driving with suspended or revoked licensure in Nevada is an entirely different misdemeanor offense than driving with no license at all. The penalties depend on the reason for the suspension:

Reason for the suspension or revocation	Nevada penalties for driving on a suspended or revoked license
DUI charges	no less than 30 days of jail (or 60 days of home confinement); and $500 to $1,000; and 1-year license revocation
Non-DUI charges	maximum $1,000 fine and/or maximum of 6 months in jail (judges rarely impose jail), and a doubling of the original license suspension period 6

10. When can I seal my case?

A conviction for driving unlicensed may be sealed one (1) year after the case closes.⁷ There is no waiting period to get a seal if the traffic ticket charge gets dismissed.⁸

Even though violating NRS 483.230 is a minor offense, it may still look bad to potential employers when they run a background check. Anybody with a criminal record is encouraged to pursue a seal as soon as possible.

11. Can I be deported?

Driving unlicensed is not a deportable offense. Still, immigrants are always in a precarious situation when facing criminal charges. Plus undocumented aliens are vulnerable to removal whether or not a crime is committed.

Non-citizen defendants should seek legal counsel from an experienced law firm.

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