Vehicle Code § 12500 (a) VC makes it illegal to drive a motor vehicle in California without a valid driver’s license. This offense is charged either as a misdemeanor carrying up to six months in jail and/or $1,000 or as a non-criminal infraction carrying up to $250.
The language of the code section states that:
VC 12500 (a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license issued under this code, except those persons who are expressly exempted under this code.
VC 12500 is typically charged when you are driving and you:
- Have failed to renew a driver’s license (DL), or
- Never obtained a DL in the first place, or
- Become a California resident and fail to get a new DL within 10 days.
In most cases, the initial traffic stop is for another traffic violation such as speeding. Then if you cannot produce a DL, they will tack on the VC 12500 charge.
If you have a California DL that gets suspended or revoked for a traffic violation, continuing to drive is the more serious offense of driving on a suspended license (Vehicle Code 14601 VC). This is always prosecuted as a misdemeanor.
To help you better understand the law, our California criminal defense lawyers discuss the following, below:
Vehicle Code 12500 makes it a crime to drive without a valid DL in California.
1. DL Requirements
California state residents who drive on public highways (including streets and roads) or in parking facilities open to the public must have a valid California driver’s license.1 This is true not only for driving automobiles but also for riding motorcycles, motorized bicycles, and motorized scooters.2
You do not need a California DL to drive in the state if you are:
- A government officer or employee driving a vehicle (other than a commercial vehicle) owned or controlled by the U.S. government while on federal business;3
- Driving an implement of husbandry (such as a tractor) other than on a public road;4
- Driving an off-highway vehicle across a public road;5
- A visitor age 18 and over who holds a valid DL in your home state or country;6
- A nonresident age 21 or older, if you are transporting hazardous material and holding a valid DL from another state or Canada to do so;7 or
- A nonresident with a valid diplomatic DL for the type of vehicle(s) you are driving.8
Can I drive in California with a license from another state or country?
If you are from out of state or another country, you can legally drive in California as long as:
- You are at least 18 (or 16 or 17 in some cases, as discussed in the next subsection),
- You have a current valid DL from the state or country in which you reside, and
- The DL is valid for the type of vehicle you are driving (car, truck, motorcycle, etc.).9
If your country of residence does not require DLs, you may drive in California if:
- You are at least 18 years old, and
- You are operating a foreign vehicle you own for a maximum of 30 days.10
After the 30-day period, you must obtain a California DL.
Can I drive in California if I am under 18 and from another state or country?
State law allows out-of-state drivers who are 16 or 17 to drive in California. These minors can drive for a maximum of 10 days immediately following their entry into the state. 11
A 16 or 17-year-old out-of-state driver is not subject to the 10-day limitation if:
- The minor has a valid DL issued by another state or country, AND
- The minor obtained a nonresident minor’s certificate from the California DMV and has filed a proof of financial responsibility in connection therewith.12
A 16 or 17-year-old driver who has these documents in their immediate possession may continue to drive in California for more than 10 days.
If I move to California, when do I have to get a license?
You must get a state DL within 10 days of becoming a California resident. You become a resident by:
- Voting in a California election,
- Paying resident tuition,
- Filing for a homeowner’s property tax exemption, or
- Getting any other privilege or benefit not ordinarily extended to nonresidents.13
An exception is if you are driving as part of your employment (such as Uber or Lyft drivers, delivery drivers, etc.). Then you must obtain a state DL before you can drive for work.14
This requirement does not include driving to and from a place of employment.
People who drive as part of their job in California must have a state DL.
2. Elements of the Crime
For you to be convicted in California of driving without a license under VC 12500, prosecutors must prove the following elements of the jury instructions:
- You drove on a street or highway, and
- At the time you drove:
- You did not hold a validly issued DL, or
- You were legally required to obtain a state DL.15
A DL is valid as long as:
- It is a current, valid DL issued by any state or country,
- It is for the type of vehicle (car, motorcycle, commercial truck, etc.) that you are driving, and
- You are not otherwise required to obtain a state DL (for instance because you have become a California resident). 16
Burden of Proof
The burden of proof in California “driving without a license” cases is a bit unusual.
For most state offenses, the prosecution must prove each element of the crime “beyond a reasonable doubt.” In a VC 12500 case, however, the prosecution does not bear the burden of proving that you drove without a DL.
Rather, the prosecution simply has to allege that you were not licensed at the time of driving. The burden then shifts to you to prove that you had a valid DL.17
The logic is that it is easier for you to prove the existence of a license than for the prosecutor to prove the absence of one.18
Common Cases
Most Vehicle Code 12500 charges arise when:
- You never obtained a DL,
- You failed to timely renew your DL after it expired, or
- You established residency in California but failed to obtain a state DL within 10 days.
In the event you have a DL but forgot to bring it with you, police will cite you under Vehicle Code 12951 VC – California’s law on failing to display a driver’s license.19
This is usually an infraction carrying up to $250 in fines.20 Even then, the charge will usually be dismissed as long as you present the court with a license that was valid at the time of the arrest.21
Refusing to Show Your License
Refusing to show an officer your DL is a misdemeanor under VC 12951 if you were driving. It can be punished by:
- A fine of up to $1,000 and/or
- Up to 6 months in county jail.22
Unlike some states (such as Nevada), California does not have a general “stop and identify” law. 23 This means that if you are stopped by law enforcement, you have to show your ID only if you were driving.24
California Vehicle Code 12500 requires drivers to show their DL if asked by police.
3. Penalties
As a “wobblette” offense, California Vehicle Code 12500(a) can be prosecuted as either:
- A non-criminal infraction (which is more common for first-time offenders), or
- A misdemeanor (which is more common for repeat offenders).
As an infraction, driving without a license carries a fine of up to $250. As a misdemeanor, driving without a license can be punished by:
- Informal misdemeanor (“summary”) probation for up to 3 years,
- Up to 6 months in jail,
- Up to $1,000 in fines, and/or
- If you have a prior conviction for VC 12500 or certain other driving offenses, a possible 30-day impound of your vehicle.
Note that the L.A. County D.A.’s office will generally not prosecute VC 12500 cases unless you have prior offenses in the last 24 months.25
4. Defenses
There are four main defenses to charge of violating California Vehicle Code 12500:
- You had your DL with you at the traffic stop, but the police failed to acknowledge it.
- You were not the one driving at the time of the traffic stop (the “no driving defense“).
- You were exempt from having to hold a DL (which is rare).
- You had a DL at the time of the traffic stop and forgot to carry it with you (which is its own infraction under VC 12951).
We can also try to get the court to postpone the case long enough for you to get a DL. Or if you are charged with a misdemeanor, we can try to persuade the D.A. to reduce it to an infraction.
5. Undocumented Immigrants
If you have no social security number, you can still qualify for an “AB 60 license” in California to drive. AB60 licenses resemble regular driver’s licenses except that they bear a mark that says “Federal Limits Apply” on the upper right-hand corner.26
Also see our article, Can undocumented immigrants get a California driver’s license?
Legal references:
- California Vehicle Code 12501. California Vehicle Code 40000.11. Penal Code 19.8 PC. Penal Code 19 PC. See California DMV Handbook, “Who Must Have a Driver License?”
- Same. See also California Vehicle Code 12501: “The following persons are not required to obtain a [DL]:(a) An officer or employee of the United States, while operating a motor vehicle owned or controlled by the United States on the business of the United States, except when the motor vehicle being operated is a commercial motor vehicle, as defined in Section 15210. (b) Any person while driving or operating implements of husbandry incidentally operated or moved over a highway, except as provided in Section 36300 or 36305. (c) Any person driving or operating an off-highway motor vehicle subject to identification, as defined in Section 38012, while driving or operating such motor vehicle as provided in Section 38025. Nothing in this subdivision authorizes operation of a motor vehicle by a person without a valid [DL] upon any offstreet parking facility, as defined in subdivision (c) of Section 12500.” See also: People v. Spence (Cal. App. 4th Dist.), 125 Cal. App. 4th 710; Halajian v. D & B Towing (Cal. App. 5th Dist. 2012), 209 Cal. App. 4th 1.
- Vehicle Code 12501(a).
- Vehicle Code 12501(b).
- Vehicle Code 12501(c).
- Vehicle Code 12502 (a)(1).
- VC 12502 (a)(2).
- VC 12502 (a)(3).
- VC 12502(a)(1).
- VC 12503.
- VC 12504(a): “ Sections 12502 and 12503 apply to any nonresident over the age of 16 years but under the age of 18 years. The maximum period during which that nonresident may operate a motor vehicle in this state without obtaining a [DL] is limited to a period of 10 days immediately following the entry of the nonresident into this state except as provided in subdivision (b) of this section.”
- VC 12504 (b): “Any nonresident over the age of 16 years but under the age of 18 years who is a resident of a foreign jurisdiction which requires the licensing of drivers may continue to operate a motor vehicle in this state after 10 days from his or her date of entry into this state if he or she meets both the following: (1) He or she has a valid [DL], issued by the foreign jurisdiction, in his or her immediate possession. (2) He or she has been issued and has in his or her immediate possession a nonresident minor’s certificate, which the department issues to a nonresident minor who holds a valid [DL] issued to him or her by his or her home state or country, and who files proof of financial responsibility. (c) Whenever any of the conditions for the issuance of a nonresident minor’s certificate cease to exist, the department shall cancel the certificate and require the minor to surrender it to the department.” See also: In re V.C. (Cal. App. 3d Dist. 2013), 217 Cal. App. 4th 814, 158 Cal. Rptr. 3d 871; In re Shawnn F. (Cal. App. 5th Dist. 1995), 34 Cal. App. 4th 184.
- VC 12505(c): “Any person entitled to an exemption under Section 12502, 12503, or 12504 may operate a motor vehicle in this state for not to exceed 10 days from the date he or she establishes residence in this state, except that a person shall not operate a motor vehicle for employment in this state after establishing residency without first obtaining a [DL] from the department.”
- Same.
- CALCRIM No. 2221. Driving Without a License (Veh. Code, § 12500(a)) Judicial Council of California Criminal Jury Instructions (2024 edition).
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant drove a motor vehicle on a highway; [AND]
2. When the defendant drove, (he/she) did not hold a valid California [DL] [AND]
3. The defendant was not excused from the requirement to have a California [DL].See also Vehicle Code sections 12504(b) and 12505(c). - See California Vehicle Code 15000 and subsequent sections, which codify the interstate Driver License Compact (DLC), particularly Vehicle Code 15020.
- CALJIC 16.631 Licensed Driver — Burden of Proof: “It is not necessary for the People to introduce evidence that the defendant did not have a valid [DL] to operate a motor vehicle. Whether the defendant was or was not properly licensed is a matter peculiarly within [his] [her] own knowledge. The burden is on the defendant to raise a reasonable doubt as to [his] [her] guilt of driving a motor vehicle upon a highway without being the holder of a valid [DL].”
- People v. Spence (2005) 125 Cal.App.4th 710. This reasoning is outdated given that DMV records are readily accessible to prosecuting agencies. Though state law has not kept up with changes in technology. Thus it is still the rule that you bear the burden of proving you had a valid license if charged under Vehicle Code 12500(a).
- VC 12951: (a) The licensee shall have the valid [DL] issued to him or her in his or her immediate possession at all times when driving a motor vehicle upon a highway. Any charge under this subdivision shall be dismissed when the person charged produces in court a [DL] duly issued to that person and valid at the time of his or her arrest, except that upon a third or subsequent charge the court in its discretion may dismiss the charge. When a temporary, interim, or duplicate [DL] is produced in court, the charge shall not be dismissed unless the court has been furnished proof by the Department of Motor Vehicles that the temporary, interim, or duplicate [DL] was issued prior to the arrest, that the driving privilege and [DL] had not been suspended or revoked, and that the person was eligible for the temporary, interim, or duplicate [DL]. (b) The driver of a motor vehicle shall present his or her [DL] for examination upon demand of a peace officer enforcing the provisions of this code.
- Penal Code 19.8 PC.
- An exception is if it is your third or subsequent charge. See Vehicle Code 12951. VC 12505(c)
- Penal Code 19 PC.
- See, for example, Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty., 542 U.S. 177 (2004). Two offenses related to refusing to show an officer a DL are Penal Code 148.9 PC – showing false identification to a peace officer, and Vehicle Code 31 VC – providing false information to a peace officer. Both these crimes are misdemeanors, punishable by up to six (6) months in jail and/or a hefty fine.
- See ACLU Southern California, In California, You Have the Right Not to Show Your Id to Law Enforcement … in Most Cases.
- Penal Code 19 PC. See also California Vehicle Code 14607.6 (a) VC: “Notwithstanding any other provision of law, and except as provided in this section, a motor vehicle is subject to forfeiture as a nuisance if it is driven on a highway in this state by a driver with a suspended or revoked [DL], or by an unlicensed driver, who is a registered owner of the vehicle at the time of impoundment and has a previous misdemeanor conviction for a violation of subdivision (a) of Section 12500 or Section 14601, 14601.1, 14601.2, habitual traffic offenders per Vehicle Code 14601.3, 14601.4, or 14601.5.” LADA Special Directive 20-07.
- VC 12801.9(a) “Notwithstanding Section 12801.5, the department shall issue an original [DL] to a person who is unable to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law if he or she meets all other qualifications for licensure and provides satisfactory proof to the department of his or her identity and California residency.” California Assembly Bill 60 – the “Safe and Responsible Driver Act.”,