In Colorado is driving without a license a felony or misdemeanor?
Answer
In Colorado, driving without a valid license is generally a traffic infraction, not a felony or misdemeanor, assuming the charge is under Colo. Rev. Stat. § 42-2-101(1) (2025). The offense is a class A traffic infraction, punishable by a penalty of generally $15 to $100, subject to applicable surcharges.[1]
“Any person who violates any provision of subsection (1) or (4) of this section commits a class A traffic infraction.”
Colo. Rev. Stat. § 42-2-101(10) (2025) [2]
Important distinctions
| Conduct | Colorado classification |
|---|---|
| Driving without ever having been issued a valid Colorado driver’s license | Generally a class A traffic infraction |
| Driving with an expired license for one year or less | Generally a class B traffic infraction under Colo. Rev. Stat. § 42-2-101(2), (10) (2025) [3] |
| Driving without physically carrying a valid license | Generally a class B traffic infraction under Colo. Rev. Stat. § 42-2-101(3), (10) (2025) [4] |
| Driving a vehicle requiring a license class the driver does not possess | Generally a class A traffic infraction under Colo. Rev. Stat. § 42-2-101(4), (10) (2025) [5] |
| Driving while a license or driving privilege is suspended, revoked, or otherwise restrained | A separate offense under Colo. Rev. Stat. § 42-2-138 (2025), which may be a class A traffic infraction or a class 2 misdemeanor traffic offense, depending on the reason for the restraint [6] |
| Driving under restraint based on certain DUI or alcohol-related grounds | Generally a class 2 misdemeanor traffic offense under Colo. Rev. Stat. § 42-2-138(1)(d)(I) (2025) [7] |
| Driving under restraint for an outstanding judgment | Generally a class A traffic infraction under Colo. Rev. Stat. § 42-2-138(1.5) (2025) [8] |
A class 2 misdemeanor traffic offense carries authorized penalties of 10 to 90 days’ imprisonment, a $150 to $300 fine, or both, under Colo. Rev. Stat. § 42-4-1701(3)(a)(II)(A) (2025). [9] A routine violation of Colo. Rev. Stat. § 42-2-101(1) (2025) is not a felony.[10]
Bottom line
If the allegation is simply that the person never had a valid driver’s license, it is ordinarily a class A traffic infraction, not a misdemeanor or felony. If the person’s license was suspended or revoked, the charge may instead be driving under restraint, with the classification depending on the basis for the restraint.
The exact classification should be confirmed from the citation, including the statute and subsection charged, because “driving without a license” and “driving under restraint” are different offenses.
Sources & References
- Class 2 Misdemeanor Traffic Offenses
- Colorado Revised Statutes § 42-2-138 (2025)
- Concerning the Adoption of the 2021 Recommendations of the Colorado Criminal and Juvenile Justice Commission Regarding
- Colorado Revised Statutes § 42-2-101 (2024)
- C.R.S. § 42-2-138
- Colorado Revised Statutes § 42-2-138 (2024)
- Colorado Revised Statutes § 42-2-101 (2025)
- C.R.S. § 42-2-101
- Model Traffic Code for Colorado
- Colorado Revised Statutes § 42-4-1701 (2025)