The exact definition can vary according to state law, but in general, unauthorized use of a motor vehicle is exactly what it sounds like: using a vehicle without permission from the owner. Because authorities don’t have to prove that a person intended to steal the vehicle or keep it, unauthorized use is sometimes referred to as “joyriding.” It can also apply if someone borrows a vehicle with permission but doesn’t return it at the agreed time.
Examples of unauthorized use of a motor vehicle
A person may be found guilty of unauthorized use of a motor vehicle in situations like these:
- A teen uses a parent’s car to go to a party after curfew.
- A person who works for a car-cleaning service takes a client’s vehicle to pick up lunch.
- A friend asks to borrow a car to go to the store, but they keep it overnight and drive it to work the next day.
- Someone rents a car for two weeks but doesn’t return it at the end of the rental period.
How is unauthorized use of a motor vehicle different from auto theft?
While unauthorized use of a motor vehicle is considered a type of theft, it carries a lower burden of proof than auto theft. Typically, to convict someone of auto theft, the state must prove that the person did not intend to return the vehicle to the owner. A person can be convicted of unauthorized use even if they had every intention of bringing back the car.
There can also be time limits involved with an unauthorized use charge. For instance, in Colorado, the vehicle must be returned within 24 hours of being reported missing by the owner, and there must not be any new damage to the car.
The process for charging someone with unauthorized use of a motor vehicle may differ from that of auto theft, too. For example, the vehicle owner may need to send the borrower a written notice demanding that the vehicle be returned, then wait a certain amount of time after the letter is delivered via certified mail before notifying authorities.
What are the penalties for unauthorized use of a motor vehicle?
Although unauthorized use could be considered a slightly less serious offense than auto theft, the charge is still a serious one and can carry heavy penalties. State laws can vary regarding consequences; in some cases, unauthorized use may be charged as a felony. In Texas, UUMV is a felony that carries a maximum sentence of two years in a state jail facility.
Unlike auto theft, this penalty doesn’t change based on the value of the car. However, in some states, a person may face more serious penalties depending on circumstances like:
- The unauthorized use of a motor vehicle caused the vehicle owner to suffer financial loss.
- The person has previously been convicted of unauthorized use.
- The vehicle was used in the commission of a felony or violent crime or to flee from police.
What are the defenses against a charge of unauthorized use of a motor vehicle?
There are a few ways a person might be able to successfully defend themselves against a charge of unauthorized use of a motor vehicle. These include:
- Proof that the owner did grant permission to use the vehicle.
- Having a reasonable belief that the vehicle owner would have granted them permission to drive the car if they had asked first.
- Being prevented from returning the car by reasons beyond their control.
In any case, if you have been charged with unauthorized use, it’s best to consult an attorney with experience in motor vehicles cases.
Expert insurance writer and editor Amy Bobinger specializes in car repair, car maintenance, and car insurance. Amy is passionate about creating content that helps consumers navigate challenges related to car ownership and achieve financial success in areas relating to cars. Amy has over 10 years of writing and editing experience. After several years as a freelance writer, Amy spent four years as an editing fellow at WikiHow, where she co-authored over 600 articles on topics including car maintenance and home ownership. Since joining Jerry’s editorial team in 2022, Amy has edited over 2,500 articles on car insurance, state driving laws, and car repair and maintenance.
Phil Metzger is a personal finance editor and writer with more than 30 years of experience editing and writing content across a variety of industries. In writing and editing for Jerry, Phil’s mission is to help car owners better understand their vehicles and the costs associated with car ownership. Before joining Jerry, Phil worked as a writer and editor for newspapers, magazines, television radio and online news. His work has appeared in many major publications and websites over the years, including a series he edited that was a finalist for a Pulitzer Prize.
