If you get caught driving without a license, you face the crime of driving without a permit as set out in Article 384 of the Criminal Code. This conduct can be punished with prison sentences of 3 to 6 months, fines of 12 to 24 months, or community service from 31 to 90 days. It doesn’t matter if you never had a license, if you lost it due to penalty points, or if a judge withdrew your permit: in all these cases it is a crime and can leave you with a criminal record.
What does the law say about the crime of driving without a license?
The law clearly establishes that driving without a license is a crime in three situations:
- Never having obtained a driving license.
- Driving after losing your license due to running out of points.
- Driving despite a judicial disqualification of your permit.
In any of these situations, the sanction is criminal and can lead to a record that affects your personal and professional life.
Is driving without a license the same as not carrying it with you?
No, and this is one of the most common doubts:
- Crime (Article 384 of the Criminal Code): when you do not have a valid permit, either because you never obtained it, you lost it due to penalty points, or a judge withdrew it.
- Administrative infraction: if you have a valid license but are not carrying it with you, the sanction is a minor fine without a criminal record.
How much is the fine for driving without a license?
The fine for driving without a license is imposed as an alternative to prison or community service. It is usually set between 12 and 24 months, depending on the offender’s financial capacity.
On the other hand, if you simply forgot to carry it with you, the sanction is administrative and ranges between €10 and €100, with no criminal consequences.
What happens in a fast-track trial for driving without a license?
Usually, after being caught, a fast-track trial for driving without a license will be processed. This procedure is resolved within a few days and may end with a plea bargain, that is, a reduction of the penalty if the facts are admitted.
The crime of driving without a license goes far beyond a simple fine: it can lead to a criminal record, imprisonment, or severe financial penalties. The best option is always to avoid driving without a valid permit, as the legal and personal consequences are serious.
If you have been accused of the crime of driving without a license, or face a fast-track trial for this cause, having the support of an experienced criminal defense lawyer is essential to minimize the legal consequences.
At Nieto Enríquez Criminal Lawyers, a criminal law firm in Barcelona, we offer you solid, expert, and personalized defense in proceedings related to the crime of driving without a permit.
Abogada Penalista – Socia fundadora del despacho NIETO ENRIQUEZ Abogados Penalistas. Lidera un equipo de abogados especializados en Derecho Penal y Compliance. Cuenta con amplia experiencia en la dirección jurídica de todo tipo de asuntos penales y en la elaboración de programas de prevención de delitos e imparte formaciones a directivos y empleados en esta materia.
