What happens if you drive without a licence?

The consequences of driving a vehicle without a licence are specified in the Penal Code, as this action poses a risk to the safety of pedestrians and other drivers. Depending on the circumstances, it may constitute a criminal offence or, in some cases, a very serious administrative offence.

The severity of the sanction varies depending on the facts, as carrying a driving licence is a mandatory requirement whenever driving a vehicle.

The driving licence

The driving licence is an essential document created to ensure that people have the ability and knowledge to drive any type of vehicle safely, minimising risks to both the driver and third parties.

For this reason, driving without a licence not only represents a danger to road safety, but also constitutes an offence punishable under the Penal Code. 

The regulations governing driving licences are to be found in the General Regulations for Drivers and in the Law on Traffic, Circulation of Motor Vehicles and Road Safety, where the conditions and procedures for obtaining them are established.

Penalties for Driving without a Driving Licence: Types and Legal Procedures

Below, we explain the main legal consequences of this conduct.

Administrative Penalties for Driving without a Driving Licence

Persons who drive any type of vehicle without the corresponding driving licence may be subject to administrative sanctions, in accordance with the provisions of article 77 of Royal Legislative Decree 6/2015. 

The law stipulates this conduct as a very serious road offence, punishable by a fine of up to 500 euros.

Among the main causes of driving without a licence are the following:

- Never having obtained a driving licence.

- Loss of all driving licence points.

- Temporary suspension of the licence by administrative or judicial order.

Administrative offences that do not constitute a criminal offence

There are certain administrative offences related to driving without a licence that are not considered criminal offences, among them:

- Driving with a foreign driving licence that has not been homologated in Spain.

- Driving with an expired driving licence. In this case, we are dealing with a serious administrative offence, but not a criminal offence.

Speedy Trial for Driving without a Driving Licence

Driving without a licence or with a licence that has lost its validity due to the total withdrawal of points can result in a speedy trial, as established in article 384 of the Penal Code. 

The penalties you could face are:

- Prison sentence of between 3 and 6 months.

- A fine of 12 to 24 months.

- Community service of between 31 and 90 days.

Legal Consequences

Fines for driving without a licence are adapted according to the offence committed and the details of the case. In the first instance, the arresting officers may impose a financial fine on the offender and, in some cases, may immobilise the vehicle.

In order to decide on the penalty, a detailed analysis is made of the conditions under which the events took place, as described in article 384 of the Penal Code. The different fines and penalties are described below:

Daily fine of between 12 and 24 months

The judge fixes the payment of a daily fine according to the economic capacity of the offender.

The amount of this sanction is regulated in article 50 of the Penal Code, and the offender will have to pay a daily amount for a period that can vary between 12 and 24 months.

Community service

The judge may impose the obligation to perform community service as an alternative to a fine or imprisonment.

This penalty varies according to the seriousness of the offence and can range from 31 to 90 days.

Imprisonment

In the most serious cases, especially when the offender has a criminal record for similar offences, a prison sentence of between 3 and 6 months may be imposed.

If you are involved in a speedy trial for driving without a licence, contact us.