Driving without a driver’s license: No trivial offense

Driving without a driver’s license is not so uncommon in Switzerland. Yet unlicensed road users are not only a threat to road safety – they also risk severe penalties. 

More than 3,000 people were caught driving without a license in Switzerland in 2023 (source: Federal Roads Office (FEDRO) in German). However, the number of unreported cases is likely to be many times higher: A lot of violations are discovered purely by chance as part of a police check. 

If the missing driver’s license is discovered because the driver has caused an accident, things get really uncomfortable: The law provides for severe penalties in such cases. After all, the safety of uninvolved persons is put at risk. Drivers should always be aware of the responsibility they bear.

What does “driving without authorization” mean?

It means driving a vehicle without the required driver’s license. Either the required driving license is generally absent (driver has not be issued the applicable driver’s license) or only temporarily absent (driver's license is currently invalid).

1. No driver’s license issued

This can be due to several reasons:

• License was never acquired
• Required category not issued: This is most common for motorcycles.
• License denied: For example, if the minimum medical requirements were not met or if four practical tests were not passed in a row.

2. Driver’s license invalid

Here, too, there are different scenarios:

• Expired driver’s license:  
  • The learner’s permit is limited to four months (Cat. A – motorcycles) or 24 months (Cat. B – car).
  • The driver’s license on probation lapses after three years if the mandatory training day is missed (within the first 12 months).
  • As the name suggests, only the definitive driver’s license is valid indefinitely.
• Driver’s license suspended: Swiss driver’s licenses can be suspended in the event of moderate, serious, or repeated offenses as well as for medical/psychological reasons.
• Driver’s license revoked: Foreign driver’s licenses cannot be suspended, but they can be revoked. The same rules apply as for Swiss nationals. There is a 12-month period for the transfer of the foreign driver’s license to the Department of Motor Vehicles. In other words, a foreign driver’s license is automatically revoked one year after taking up residence in Switzerland.

When is there a real threat of having your license revoked in Switzerland?

Violations of road traffic regulations are only punishable with a fine. All other offenses are misdemeanors and the public prosecutor’s office opens criminal proceedings. In addition, the Department of Motor Vehicles initiates administrative proceedings that could lead to the (usually temporary) suspension of your driver’s license. There are three stages:

1. Minor (first) violation – warning (two-year probation period)
2. Moderate violation – driver’s license suspended for at least one month
3. Serious violation – license suspended for at least three months

If you’re involved in a traffic accident, it’s very easy to lose your license for a few months. But a significant speeding violation can also lead to suspension of your license: 21 kilometers over the speed limit inside urban areas and 26 kilometers outside urban areas. Or a glance at your phone for too long and the need to swerve.

Incidentally: Persons who have a foreign driver’s license and live abroad can be subject to a Swiss-wide driving ban in the event of traffic offenses.

What happens if I drive without a driver’s license?

In accordance with Article 95 of the Road Traffic Act (in German), you are committing a criminal offense and risk imprisonment (maximum three years) or a fine. Driving with an expired driver’s license on probation will only be subject to a fine. Fines are limited to 180 daily rates. A daily rate is between CHF 30 and CHF 3,000, depending on the offender’s financial circumstances.

The only effective protection against a severe penalty is to stay out of the driver's seat unless you have a valid driver’s license. Compromises aren't worth it. Even if you have traffic legal protection insurance, your lawyer won’t be able to protect you against the consequences of your behavior.

Important: If you leave your vehicle to a third party without a driver’s license, you are responsible and liable to a penalty.

What is the penalty for repeated violations?

The more frequent and serious the violations, the stricter the administrative measure (“cascade system”). So if you were caught driving even though your driver’s license had already been suspended you could face a longer blocking period.

Does insurance pay if I cause an accident without a driver’s license?

People who drive without a license may not be covered by their insurance. You can find out how your insurer handles this in the General Insurance Conditions (GIC). If you are involved in an accident without a driver's license, this can have serious financial consequences.

• Mandatory liability insurance pays first for property damage and bodily injury to third parties. But it will probably take recourse against you. This means that you will subsequently have to pay all or part of the costs incurred yourself. After all, you shouldn’t have driven at all, and without your misconduct, the damage would not have occurred...
• What accidental damage insurance covers in such a case depends on the relevant GIC and the specific circumstances of the individual case.

At least I still have a driver’s license to go abroad – right?

International driver’s licenses are only valid in conjunction with a valid Swiss driver’s license. Caution: If you commit a violation outside of Switzerland, you are also liable for prosecution  abroad.

I’ve often forgotten my license at home...

In Switzerland, if you do not carry your driver’s license with you while driving, you are not committing a criminal offense. Instead, you are committing a regulatory offense. If you are checked by the police, you will have to pay a fine of CHF 20. This also applies if you still have your blue driver's license on paper: Since November 1, 2024, the driver’s license in credit card format (FAK) has been mandatory.

You will not get off so easily if you are checked abroad and not carrying a driver’s license: Because the police cannot verify your details, you may be prevented from continuing your journey until the problem is resolved.