Attorney general says drivers without licenses can be arrested

Indiana Attorney General Todd Rokita is issuing a legal opinion affirming the ability of law enforcement to arrest and detain those driving without a license.

Rokita points out that the opinion means that those here illegally are at risk of being arrested on the roadway, because they are not allowed to have a legal driver’s license. And when they are taken to county jails, federal authorities will be notified and the person can be picked up, if the federal authorities choose to.

The clarification was requested by the Jackson County Prosecutor Jeff Chalfant, Rokita said.

Rokita said that unlike most other driving offenses, those accused can’t simply be cited, agree to appear in court and then be released at the scene. Rokita said that Indiana state statute ensures that those who have never been licensed can be detained and brought before a court promptly. That includes both legal residents and those without a legal status.

He said that illegal immigrants may possess out-of-state licenses but those are not valid in Indiana.

Rokita said this is a critical public safety issue with concerns about illegal immigration and its ability affect safety on Indiana’s roads.

The attorney general’s office issues advisory opinions to provide public officials with correct interpretations of laws, to help officials in decision making and to protect public officials from legal liability and lawsuits.