Indiana criminal charge
Driving without a license in Indiana
Driving without a license is a criminal offense under Indiana law, defined by Ind. Code § 9-24-18-1. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 9-24-18-1.
What is the penalty for driving without a license in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (Base offense - never licensed — An individual who has never received a valid driver's license knowingly or intentionally operates a motor vehicle upon a highway.) | discretionary | Ind. Code § 35-50-3-4 |
| Fine | up to $500 (Base offense - never licensed — An individual who has never received a valid driver's license knowingly or intentionally operates a motor vehicle upon a highway.) | discretionary | Ind. Code § 35-50-3-4 |
| Jail / prison | up to 1 year (Prior unrelated conviction — The individual has a prior unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Prior unrelated conviction — The individual has a prior unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | up to 1 year (Operation results in bodily injury — The operation of the motor vehicle results in bodily injury.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Operation results in bodily injury — The operation of the motor vehicle results in bodily injury.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Operation results in serious bodily injury — The operation of the motor vehicle results in serious bodily injury.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Operation results in serious bodily injury — The operation of the motor vehicle results in serious bodily injury.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Operation results in death or catastrophic injury — The operation of the motor vehicle results in the death or catastrophic injury of another person.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Operation results in death or catastrophic injury — The operation of the motor vehicle results in the death or catastrophic injury of another person.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to current.
How is driving without a license classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base offense - never licensed | Class C Misdemeanor | An individual who has never received a valid driver's license knowingly or intentionally operates a motor vehicle upon a highway. | Ind. Code § 9-24-18-1(a) |
| Prior unrelated conviction | Class A Misdemeanor | The individual has a prior unrelated conviction under this section. | Ind. Code § 9-24-18-1(a) |
| Operation results in bodily injury | Class A Misdemeanor | The operation of the motor vehicle results in bodily injury. | Ind. Code § 9-24-18-1(a) |
| Operation results in serious bodily injury | Level 6 Felony | The operation of the motor vehicle results in serious bodily injury. | Ind. Code § 9-24-18-1(a) |
| Operation results in death or catastrophic injury | Level 5 Felony | The operation of the motor vehicle results in the death or catastrophic injury of another person. | Ind. Code § 9-24-18-1(a) |
Common questions about driving without a license in Indiana
Is driving without a license a felony or a misdemeanor in Indiana?
It depends on the circumstances: driving without a license ranges from a Class C Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 9-24-18-1.
Base offense - never licensed: Class C Misdemeanor (Ind. Code § 9-24-18-1(a)) · Prior unrelated conviction: Class A Misdemeanor (Ind. Code § 9-24-18-1(a)) · Operation results in bodily injury: Class A Misdemeanor (Ind. Code § 9-24-18-1(a)) · Operation results in serious bodily injury: Level 6 Felony (Ind. Code § 9-24-18-1(a)) · Operation results in death or catastrophic injury: Level 5 Felony (Ind. Code § 9-24-18-1(a))
What are the penalties for driving without a license in Indiana?
Penalties for driving without a license in Indiana depend on how it is classified — from a Class C Misdemeanor up to a Level 5 Felony — with the ranges set by Ind. Code § 35-50-3-4, Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7 and Ind. Code § 35-50-2-6; the full table of ranges by variant is published on this page.
Which Indiana statute covers driving without a license?
Driving without a license is governed by Ind. Code § 9-24-18-1 (Driving without a license).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.