What happens if I get caught driving without a license?
If you are caught driving without a license , you face the crime of driving without a permit, as outlined in article 384 of the Penal Code . This conduct can be punished with prison sentences of 3 to 6 months, fines of 12 to 24 months, or community service of 31 to 90 days.
It doesn’t matter if you’ve never had a license, if you lost it due to points, or if a judge has revoked your permit: in all those cases it’s 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 distinguishes that driving without a license is a crime in three cases:
- Never having obtained a driver’s license.
- Driving after the license has expired due to exhausting all points.
- Driving despite a court-ordered suspension of the license.
In any of these situations, the penalty is criminal and may result in a record that affects your personal and professional life.
Is driving without a license the same as not having one on you?
No, and here’s one of the most common questions:
- Offense (article 384 CP): when you do not have a valid permit, either because you never obtained it, you lost it due to points or a judge withdrew it.
- Administrative offense: if you have a valid license but do not carry it with you, the penalty 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 economic capacity of the convicted person.
However, if you simply forgot to carry it with you, the penalty is administrative and ranges between €10 and €100, without criminal consequences.
What happens in a fast-track trial for driving without a license?
It is common practice that, after being caught, a fast-track trial is held for driving without a license. This procedure is resolved in a few days and can end with a plea bargain, that is, a reduction of the sentence if the facts are acknowledged.
Driving without a license is a crime that goes far beyond a simple fine: it can lead to a criminal record, imprisonment, or serious financial penalties. The best option is always to avoid driving without a valid license, as the legal and personal consequences are serious.
If you have been charged with driving without a license, or are facing a fast-track trial for this offense, having the support of an experienced criminal lawyer is essential to minimize the legal consequences.
At Nieto Enríquez Criminal Lawyers, a criminal law firm in Barcelona , we offer you a solid, expert and personalized defense in proceedings related to the crime of driving without a license.
