If you drive with an expired driver’s license, you may have your car impounded; understand why

Driving with a driver's license that is out of date is a very serious infraction that generates a fine and administrative measure

It is possible to renew the expired CNH through your state's DMV website, otherwise the driver will have to bear the costs of the tow truck and the yard. (Photo: Shutterstock | AutoPapo)
By Julia Vargas
Published on 2026-05-19 at 09:00 AM

The National Driver’s License (CNH) is a mandatory document that allows you to drive a vehicle on public roads, as long as it is within the expiration date. Driving with an expired CNH is a very serious traffic violation that can give you a lot of headaches, including the seizure of your car.

The validity of the license can vary from three to ten years, according to the age of the driver:

  • 10 years, for drivers under the age of 50;
  • 5 years, for drivers aged 50 years or older and under 70 years old;
  • 3 years, for drivers aged 70 years or older.

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Despite the different deadlines, the punishments for circulation without an expired document are the same. Understand what period you have to renew, the punishment for this infraction, the reason for the vehicle seizure and how to regularize your license.

How long can I drive with an expired driver’s license?

When the CNH expires, there is still a period of 30 days to renew the document. For example, if the expiration date of your license is 05/30, you have until 06/30 to renew it. During this one-month period, it is possible to drive calmly, without violating traffic legislation or being penalized with fines.

In fact, the law does not distinguish between categories or in relation to professional drivers who carry out paid activity. Thus, all drivers in the categories ACC (Authorization to Drive Moped), A, B, C, D, E and PPD (Permission to Drive) have the same 30 days of tolerance.

This period allows the driver to complete all the procedures to renew the CNH without having to stop driving.

Fine for driving with expired CNH and seizure of the vehicle

According to the Brazilian Traffic Code:

Article 162. Driving a vehicle:
V – with a National Driver’s License expired for more than 30 (thirty) days
Infraction – very serious;
Penalty – fine;
Administrative measure – retention of the vehicle until the presentation of a qualified driver.”

If he violates this rule, the offending driver will have to pay a fine in the amount of R$ 293.47 and will lose seven points from the record.

In addition, as provided for in the article, if the driver is alone or with another person who does not have a license, the vehicle will be collected to the yard of the State Traffic Department (Detran). In this way, in addition to the cost of the tow truck, you will have to bear the expenses of the yard, such as daily rates and bureaucratic fees to remove the vehicle.

Is it possible to anticipate the renewal of the CNH?

The CNH can be renewed in advance, that is, even before it expires. But, there is a rule regarding this: each State Traffic Department (Detran) defines its own criteria and advance period. In general, the process is usually released from 30 days before the expiration date, but there are exceptions.

In the law there is nothing to prevent early renewal, it is just a standard established by each DMV.

How to renew an expired driver’s license?

The DMV of each state has its renewal protocol for expired CNH, so the most recommended thing is to consult the agency’s website specifically how to proceed. Many states already have this process digitized, without having to go in person to update a photo and signature, for example, which makes the driver’s life much easier.

But, in general, to renew the expired CNH over the internet, you need to follow these steps:

  1. On the DMV website, look for the page “Renewal of the National Driver’s License (CNH)”;
  2. Fill in the fields: CPF; Date of Birth; Date of the 1st. Habilitation and Residential Municipality;
  3. Complete the form that will open automatically;
  4. Download the State Collection Document (DAE);
  5. Schedule a date and time for medical and psychotechnical exams;
  6. Make the DAE payment.

Drivers who have some type of restriction may be summoned to appear in person at the traffic agency to carry out the renewal.

The process can also be done in person by following the steps:

  1. Go to the State Traffic Department;
  2. Perform image capture, fingerprint and signature;
  3. Make the payment of the fee issued by the traffic agency;
  4. Undergo toxicological examination in laboratories accredited by the National Traffic Department (exclusive for categories C, D and E);
  5. Go to the accredited clinic indicated for the medical examination.
  6. For this, it is necessary to have the following documents at hand:
  7. Identification document (original and copy);
  8. CPF (original and copy);
  9. Proof of residence or domicile (original and copy);
  10. CNH (original and copy).

It is important to remember that it is only possible to renew the driver’s license if there is no debt in the driver’s record. The obligation is described in article 159 of the CTB:

8º The renewal of the validity of the National Driver’s License or the issuance of a new copy will only be carried out after the payment of debts contained in the driver’s record.”

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