Probationary Driver License: Restrictions, Violations, and Alcohol Rules

A probationary driver license, also called an intermediate license, is the middle stage of a state’s graduated driver licensing system. It sits between the learner’s permit and a full, unrestricted license. You can drive alone with it, but you drive under conditions: a nighttime curfew, a cap on passengers, a ban on phones and electronic devices, and a lower point threshold that makes it easier to lose your license than it would be for an adult driver. Every state and the District of Columbia uses some version of this phase.

Who Qualifies for a Probationary License

The minimum age to move into the intermediate stage is 16 in most states, with a handful requiring 16½ or older.1National Highway Traffic Safety Administration. Traffic Safety Facts – Graduated Driver Licensing System Age alone won’t get you there. Before the state will issue the license, you generally have to meet all of the following:

  • Hold a valid learner’s permit for a mandatory period. Six months is the most common requirement; some states require nine months, and a few require a full year.2Centers for Disease Control and Prevention. Graduated Driver Licensing | Public Health Law
  • Keep a clean driving record during that permit stage. A single moving violation can reset the clock.
  • Document supervised practice hours with a licensed adult. The target ranges from 20 to 70 hours depending on the state.
  • Complete an approved driver education course, including classroom and behind-the-wheel instruction. This is a prerequisite in most states for applicants under 18.
  • Pass a behind-the-wheel road test administered by the state motor vehicle agency.

Adults getting a first license, or restoring one after a suspension, can also receive a probationary license, though the specific conditions differ from those applied to teen drivers. Reinstatement after a suspension typically means paying a restoration fee somewhere between $50 and $500, and courts sometimes require a defensive driving or rehabilitation program before privileges come back.

What You Bring to the Motor Vehicle Office

REAL ID enforcement began on May 7, 2025, and any new license you apply for now needs to meet those federal standards if you want it accepted for boarding domestic flights or entering federal facilities.3Transportation Security Administration. REAL ID Bring originals or certified copies, not photocopies. At minimum, you’ll need:

  • Proof of identity and date of birth, such as a certified birth certificate, valid U.S. passport, or certificate of citizenship, showing your full legal name.
  • Social Security verification: your card, a W-2, or an SSA-1099 showing the full number.
  • Two documents proving residency, such as utility bills, bank statements, or insurance documents. Applicants under 21 can often use school records or a parent’s document along with a statement confirming the teen lives at that address.
  • Lawful presence documentation. The birth certificate or passport covers this for U.S. citizens. Non-citizens need a valid permanent resident card, employment authorization document, or unexpired foreign passport with a valid U.S. visa.4Department of Homeland Security. REAL ID Act Text
  • Your driver education certificate.
  • Vision test results, if your state doesn’t screen on-site.

Application fees vary. For most applicants the cost falls somewhere between $10 and $90, and a few states issue licenses at no charge to applicants under a certain age.

Restrictions While You Hold the License

You can drive alone, but three restrictions apply almost everywhere. Breaking any of them can extend your probationary period or trigger a suspension.

Nighttime Curfew

Nearly every state restricts when probationary drivers can be on the road at night. The strictest states start the curfew as early as 9 p.m. The most lenient don’t start until 1 a.m. The most common window runs from 11 p.m. or midnight until 5 or 6 a.m.5National Highway Traffic Safety Administration. GDL Intermediate License Nighttime Restrictions

Passenger Limits

Forty-six states and the District of Columbia cap how many passengers a probationary driver can carry.6National Highway Traffic Safety Administration. GDL Passenger Limits for Young Drivers The typical limit is zero or one non-family passenger, though many states loosen the restriction after the first six to twelve months. Family members and licensed adults riding in the front seat are usually exempt. Some states phase the rule: no passengers for the first six months, then one, then up to three.

Cell Phone and Device Bans

A majority of states ban all cell phone use by novice drivers, not just texting. In many states these bans go further than the rules for experienced drivers, prohibiting even hands-free calls and GPS devices while the vehicle is moving.

Common Exemptions

Most states carve out exceptions for driving to or from work, school, school-sponsored activities, and religious events. Medical emergencies are universally exempt. Some states require you to carry a signed form from a parent, employer, or physician while driving under the exemption, and the form is typically situation-specific rather than a blanket waiver. Regardless of exemptions, having a licensed adult aged 21 or older in the front seat generally suspends all GDL restrictions for that trip. That’s the workaround most families use when a teen needs to drive outside the normal curfew.

How Violations Are Punished

This is where the probationary label earns its name. States hold new drivers to a tighter standard than experienced ones. The point threshold that triggers license action is lower for someone in the intermediate phase. Where a standard license holder might accumulate 12 points before suspension, a probationary driver in the same state could lose driving privileges at 6. In states with especially aggressive GDL enforcement, two moving violations within 24 months can be enough to trigger a suspension on their own, regardless of points.

For GDL-specific violations like breaking curfew or carrying too many passengers, consequences commonly include:

  • Fines of roughly $100 to $250 for a first offense, with escalating amounts for repeat violations.
  • An extension of the probationary period, delaying the date you’d otherwise qualify for a full license.
  • A mandatory suspension in some states, often 30 to 90 days, for a second GDL violation within a set window.

Serious offenses carry heavier penalties regardless of license type. Reckless driving, racing, or leaving the scene of a crash can result in immediate revocation rather than a graduated response.

Alcohol: Zero Tolerance, Stacked Penalties

Every state enforces zero-tolerance laws that make it illegal for anyone under 21 to drive with a blood alcohol concentration at or above 0.02%, which is effectively any detectable amount.7National Highway Traffic Safety Administration. Countermeasures That Work – Zero-Tolerance Law Enforcement These laws have been universal since 1998, backed federally by 23 U.S.C. § 158, which withholds 8% of a state’s federal highway funds for noncompliance.8Office of the Law Revision Counsel. 23 USC 158 – National Minimum Drinking Age

A zero-tolerance violation results in immediate license suspension or revocation. Most states treat it as an administrative action rather than a criminal charge, so the motor vehicle agency can pull your license without waiting for a court conviction. If you hold a probationary license and get caught, the consequences stack: you face both the underage alcohol penalties and the harsher GDL violation consequences, which often means a longer suspension than an adult driver would receive for the same BAC.

If You Move to Another State

Moving during the probationary phase creates complications that catch many families off guard. Most states require new residents to obtain a local license within 30 to 90 days of establishing residency.

If you hold a full intermediate license from your old state, the new state will typically issue its equivalent. You surrender the out-of-state license, pass a vision screening, and provide standard identity and residency documents. Applicants under 18 should expect to take the skills test again in many states, even if they already passed one elsewhere. Learner’s permits are frequently non-transferable, so you may have to start fresh with the new state’s permit process.

The biggest trap is the holding period. If your new state requires a longer learner’s permit phase than your old one, you may not get credit for time already served. A teen who held a permit for six months in one state and then moves to one requiring twelve months could face additional months of restricted driving before qualifying for the intermediate license. Check with the new state’s motor vehicle agency before you move.

When the Restrictions Lift

Most states require probationary drivers to hold the intermediate license for at least 12 consecutive months without crashes or convictions before advancing to full privileges.1National Highway Traffic Safety Administration. Traffic Safety Facts – Graduated Driver Licensing System The minimum age for full licensing is commonly 17 or 18. Both conditions have to be met. Hitting the age without the clean-record period, or vice versa, won’t move you up.

In most states the transition is automatic. Once you’ve aged in and your record is clean, the nighttime and passenger restrictions simply expire. You don’t need to visit a motor vehicle office or pass another test, though some states require you to appear in person for a new photo or updated card. If any violations extended your probationary period, the clock resets from the date of the most recent violation, so a single speeding ticket three months before your scheduled graduation can push your full license back significantly.