Is Crashing While Driving Without a License a Felony?

In Florida, driving without a license is a misdemeanor, not a felony. However, you may be charged with felony charges if you crash and cause property damage or injure another person while driving without a license.

If you crash while driving unlicensed, the base charge of driving without a license is much less severe than the felony charges you could face depending on the accident’s severity. If someone is seriously injured or killed, you’re looking at potential felony convictions with years—or even decades—in prison.

Here are the charges you could face depending on the situation.

If the Accident Causes Property Damage or Minor Injury:

Reckless Driving (Florida Statute § 316.192):

• If your unlicensed driving is deemed reckless (showing willful or wanton disregard for safety), you can be charged with reckless driving
• With property damage or non-serious personal injury: First-degree misdemeanor with up to 1 year in jail and $1,000 fine

If the Accident Causes Serious Bodily Injury:

Reckless Driving with Serious Bodily Injury:

• Third-degree felony punishable by up to 5 years in prison and $5,000 fine
• “Serious bodily injury” means an injury creating a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of function of any bodily member or organ

DUI with Serious Bodily Injury (if impaired):

• Third-degree felony with up to 5 years imprisonment and $5,000 fine
• Minimum 3-year license revocation

If the Accident Causes Death:

Vehicular Homicide (Florida Statute § 782.071):

• Defined as killing a human being by operating a motor vehicle in a reckless manner likely to cause death or great bodily harm
• Second-degree felony: Up to 15 years in prison and $10,000 fine
• Minimum mandatory sentence of 9 years and 3 months in prison under Florida sentencing guidelines

DUI Manslaughter (if impaired):

• Second-degree felony with mandatory minimum 4 years in prison, up to 15 years, and $10,000 fine
• Permanent revocation of driver’s license

Leaving the Scene (Hit and Run):

• If you knew or should have known an accident occurred and failed to stop and render aid, the charge escalates to a first-degree felony
• Up to 30 years in prison and $10,000 fine
• Note: The prosecution doesn’t have to prove you knew someone was injured—only that you knew an accident occurred and failed to stop

Other Possible Consequences

Vehicle Impoundment:

• Your vehicle may be impounded

Civil Liability:

• Families of victims can pursue wrongful death lawsuits under Florida Statute 768.19, regardless of criminal case outcome
• You may be required to pay restitution to victims for medical expenses and other losses

Other Penalties:

• Up to 120 hours of community service in a trauma center or hospital treating accident victims
• Dramatically increased insurance rates or inability to obtain insurance
• Permanent criminal record affecting employment and housing

Contact Us for a Free Consultation

If you’ve been injured in a car accident, call (813) 471-4444 for a free consultation with a car accident lawyer to discuss your rights and your legal options.