South Carolina H 3169: Driving without a license

Bill Text

2025-2026 Bill 3169 Text of Previous Version (Feb. 05, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3169

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 56-1-440, RELATING TO PENALTIES FOR DRIVING WITHOUT A LICENSE AND 
SUMMARY COURT JURISDICTION FOR THIS OFFENSE, SO AS TO PROVIDE PENALTIES FOR 
PERSONS WHO VIOLATE THIS PROVISION AND ALSO ARE FOUND TO BE UNDOCUMENTED 
ILLEGAL ALIENS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 56-1-440 of the S.C. Code is amended to read:

 Section 
56-1-440. (A) A person who drives a 
motor vehicle on a public highway of this State without a driver's license in 
violation of Section 56-1-20 is guilty of a misdemeanor and, upon conviction of 
a first offense, must be fined not less than fifty dollars nor more than one 
hundred dollars or imprisoned for thirty days and, upon conviction of a second 
offense, must be fined five hundred dollars or 
imprisoned for forty-five days, or both, and for upon conviction of a third and subsequent offense must be 
imprisoned for not less than forty-five days nor more than six months. A person who violates this provision and also is found to be an 
undocumented illegal alien, in addition to the penalties contained in this 
section, upon a conviction of a first offense, must be fined one hundred 
dollars and imprisoned not more than sixty days and, upon a conviction of a 
second offense, must be fined one thousand dollars or imprisoned ninety days, 
or both, and upon conviction of a third and subsequent offense must be 
imprisoned one year. However, a charge of driving a motor vehicle 
without a driver's license must be dismissed if the person provides proof of 
being a licensed driver at the time of the violation to the court on or before 
the date this matter is set to be disposed of by the court.

 (B) 
The summary courts are vested with jurisdiction to hear and dispose of cases 
involving a violation of this section.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on February 05, 2025 at 11:38 AM