Once an individual moves to a new state and establishes residency there, they will need to apply for a new driver’s license. Each state has its own requirements for obtaining a driver’s license that can be found online on the Department of Motor Vehicles (DMV) website of their new state.
Definitions: In the context of getting a driver’s license, residency refers to the state in which a person lives with the intention of making it their permanent home. Factors considered in determining residency often include voter registration, property ownership, payment of state taxes, and the location of one’s primary employment or schooling.
Specific requirements and definitions may be different in different states, so asking your state’s DMV about your state’s requirements is essential.
The time that an individual has to apply for their new license after establishing residency varies with each state, for example:
- California: 10 days;
- Texas: 90 days;
- New York: 30 days;
- Nevada: 30 days;
- Florida: 30 days.
A new state may allow you to use your driver’s license from your old state for a period of time. If an individual does not make the required change, they may be considered an unlicensed driver and may face legal consequences if they are stopped by law enforcement and have to show their driver’s license.
Risks/Penalties: The penalties for driving without a valid license depend on the applicable law in the state where the person drives without a license that is valid in that state, as well as the specific circumstances. Fines can range from a few hundred dollars to several thousand dollars, and jail time may be imposed, particularly for repeat offenders. Other penalties may include vehicle impoundment and license suspension.
Consult with a criminal defense attorney in the state in which you are cited for the offense for specific information.
When Do I Become a Resident of My New State?
There are various steps an individual should take to become a resident of a state. Each state has its own laws that govern the process for getting a driver’s license.
For the purpose of getting a license in a new state, here are some guidelines by state:
- California: An individual has 10 days to apply for a driver’s license once they take a job or become a resident by:
- Registering to vote;
- Paying resident tuition at a state college or university;
- Filing for a homeowner’s property tax exemption;
- Texas: An individual has 90 days to apply for a Texas driver’s license once they move to Texas and establish their permanent residence there;
- New York: After moving to New York, if an individual plans on living there with the intention of making it their permanent home and they have been there for at least 90 days, they have 30 days to apply for a license;
- Nevada: After an individual moves to Nevada, they are allowed to use their out-of-state driver’s license for up to 30 days;
- At this point, they will need to show proof of a street address to obtain a Nevada license;
- Florida: Within 30 days of moving to Florida, an individual will need to do one of the following to establish residency:
- Enroll their children in a public school;
- Get a job;
- Register to vote;
- File for a homestead exemption;
- Reside in Florida for more than six months.
Eligibility: Eligibility for a driver’s license typically also involves meeting the age requirements, passing vision and knowledge tests, passing a road test, and providing proof of identity and residency. Some states may also consider an applicant’s driving record, potentially denying a license to individuals with serious traffic violations or license suspensions in other states. Specific eligibility criteria are determined by each state’s DMV.
Timelines: Generally, a state’s deadline for obtaining a new driver’s license is strictly enforced by each state’s DMV and law enforcement. However, there may be exceptions in certain circumstances, such as military deployment or extended medical leave. It is best to contact the local DMV directly to inquire about potential extensions or exceptions.
What if I Move to a New State, but I Do Not Own a Car?
If an individual already has a driver’s license from one state and they move to a new state, but do not own a car, they may want to get a new driver’s license once they have established residency. There are many advantages to having a driver’s license in addition to being able to operate a vehicle legally. Getting a new license without a car is possible and the process for doing it would depend on the law of the state.
If an individual does own a car, they have to obtain a new driver’s license in their new state and register their vehicle there as well.
These adjustments can be made on the state DMV website. It may require the individual to send in paperwork. Or an individual might have to visit a DMV office.
What if I Am an Out-of-State Student?
If an individual is an out-of-state student who is attending a college or university, the majority of states will allow them to use their driver’s license from their home state. It is important for an individual to check the laws of the state where they are going to school in order to ensure they are in compliance.
Does My Driver’s License Allow Me to Legally Drive in Any State?
Whether an individual’s driver’s license will allow them to drive in any state legally depends on the purpose of their stay in the other state. If the purpose is a non-permanent stay, meaning they are just visiting another state or on a business trip, even if they are frequent, their home state driver’s license is acceptable for driving in the state.
However, this changes if the stay is permanent. Permanent stays begin when individuals take up residence in a state for an extended period of time. Paying taxes in the state is also an indication of residency.
If an individual moves to another state to live, their driver’s license from the previous state will only be valid for a period of time, typically 30 days. The individual has to visit their local DMV and apply for a new license.
What Are the Requirements to Apply for a New Driver’s License?
Process/Steps: The requirements for applying for a new driver’s license will vary by state. For example, in the State of Alabama, an individual must provide:
- Two forms of identification, one from the primary list that contains a photo and their Social Security card, or three forms of non-photo identification, one from the primary list, their Social Security card and one other;
- Acceptable proof of school enrollment form or proof of graduation if the applicant is younger than 19 and applying for the first time;
- Two documents that show the applicant’s principal residence, e.g. a bill sent to their home address;
- A completed application form;
- A $5 testing fee;
- Proof of car insurance and a vehicle that will pass inspection if the applicant is 18 years of age or older; and
- The payment for purchasing the license itself.
A person is likely to have to take and pass a vision test, a test of their knowledge of traffic laws and a road test in which they drive a car and demonstrate an acceptable level of skill and knowledge. It is essential for an individual to consult the rules in their state, as the requirements may be different. In addition, it may require two trips to the DMV office, one to determine the exact requirements and one to get the actual license.
Evidence/Documents: Commonly accepted documents for proving identity include a birth certificate, passport, or permanent resident card. Proof of residency can often be established with utility bills, lease agreements, or mortgage statements. A Social Security card is also typically required. Check with the local DMV for a complete list of acceptable documents.
Most of the information is probably found online. It is also important to note that there may be different types of licenses. For example, in New York State, an individual may get:
- A standard driver’s license;
- A REAL ID license that can be used to board domestic flights;
- An enhanced license that can be used to board domestic flights as well as enter the United States at land crossings from Canada, Mexico, and certain Caribbean countries.
Costs/Fees: The cost of getting a new driver’s license depends on the state and probably the type of license. The fee may include an application fee, testing fee (vision, knowledge, driving), and the cost of the license itself. A person wants to check with the local DMV for the exact fee schedule or check the website where it should be disclosed.
Can I Transfer My Driver’s License to Another State Online?
There are some states that allow individuals to transfer their driver’s license to another state online. In Alabama, for example, an individual can go to the Alabama Law Enforcement Agency (ALEA) website.
To transfer their driver’s license, an individual must have their current driver’s license and Social Security Number ready. They can then pay the license fee by credit card at the end of the transaction.
What if I Fail to Apply for a Driver’s License From My New State of Residence?
If an individual does not apply for a driver’s license from their new state of residence, they may face a penalty for not changing out-of-state licenses. This may include being treated as an unlicensed driver.
Being an unlicensed driver can be a serious offense, as penalties may include:
The laws of each state vary. The best way for an individual to avoid legal issues is to ensure they are in compliance with the laws of their new state of residence.
The Importance of Hiring a Lawyer: While getting a driver’s license should be, and usually is, a straightforward process, a lawyer can be helpful if there are complications, such as a suspended license, outstanding traffic violations, or difficulty proving residency. A lawyer can also provide guidance on navigating complex state laws and regulations.
Even if you believe you can handle the process yourself, consulting with a lawyer can provide peace of mind.
When to Call a Lawyer: It is advisable to contact a lawyer if you are facing license suspension or revocation, have a complex driving record with multiple violations, or are unsure about your legal rights and obligations. A lawyer can also assist if you are facing criminal charges related to driving without a valid license. Seeking legal advice can help protect your rights and ensure you are in compliance with the law
Do I Need a Lawyer for My Driver’s License Problem?
If you have any issues, questions, or concerns related to your driver’s license, it is important to consult with a traffic violation lawyer as soon as you can. Your lawyer can advise you of your rights and help you build your case to present in court.
