🚫 Driving With a Suspended License in Florida: What You Need to Know

Under Florida Statute § 322.34, it’s a crime to drive a vehicle while knowingly under a license suspension, cancellation, or revocation.

Unfortunately, many people plead guilty to this charge without realizing the serious—and escalating—consequences. Here’s what to know if you’ve been accused of this offense.

⚖️ What the State Must Prove

To convict you of Driving with a Suspended License (DWLS) in Florida, the prosecution must show that:

You were operating a motor vehicle, and
You knew your license had been suspended, canceled, or revoked

Knowledge is a key element—and it’s often the focus of an effective defense.

🧾 Penalties for Driving with a Suspended License in Florida

✅ First Offense – Second-Degree Misdemeanor

Up to 60 days in jail
6 months of probation
Up to $500 fine

⚠️ Second Offense – First-Degree Misdemeanor

Up to 1 year in jail
1 year of probation
Up to $1,000 fine

🚨 Third Offense – Third-Degree Felony

If your license was suspended for:

DUI
Refusing a DUI chemical test
Causing serious injury or death in a crash
Fleeing and eluding

Then you face:

Up to 5 years in prison
Mandatory 10 days in jail
Up to $5,000 fine

📌 Related: 👉 Fleeing and Eluding in Florida

❌ Habitual Traffic Offender (HTO) Consequences

Three DWLS convictions will label you as a Habitual Traffic Offender (HTO)—resulting in a five-year license revocation.

This status can trigger felony-level penalties for future driving offenses, even if the underlying charges were misdemeanors.

📌 Related: 👉 Driving Without a Valid License in Florida

📉 Common Reasons for License Suspension

Your license may be suspended for various non-criminal reasons, such as:

Failing to pay child support
Accumulating too many points on your license
Failing to pay court fees or traffic fines
DUI or refusing a breath/blood/urine test
Drug or theft convictions

📞 Arrested for Driving With a Suspended License? Call Michael White, P.A.

A DWLS conviction can impact your freedom, insurance, and future driving privileges. At Michael White, P.A., we defend clients throughout Fort Lauderdale and South Florida, fighting to:

Get charges reduced or dismissed
Prevent HTO designation
Protect your criminal record and license

📲 Call (954) 270-0769 or schedule your free consultation today.

💬 Frequently Asked Questions: Driving With a Suspended License in Florida

Q1: Is driving with a suspended license a felony in Florida?

A: Not always. A first or second offense is a misdemeanor. However, a third offense or driving on a DUI-based suspension may be charged as a third-degree felony, punishable by up to 5 years in prison.

Q2: What is the penalty for a first-time DWLS offense in Florida?

A: A first-time offense is a second-degree misdemeanor, carrying up to 60 days in jail, 6 months of probation, and a $500 fine.

Q3: Can I go to jail for driving with a suspended license in Florida?

A: Yes. Jail time is possible—especially for repeat offenses or if your suspension resulted from a DUI, fleeing and eluding, or serious injury crash.

Q4: What is a Habitual Traffic Offender (HTO) in Florida?

A: If you’re convicted of three DWLS offenses, the Florida DMV may designate you as an HTO, resulting in a five-year license revocation.

Q5: Can a lawyer help get a DWLS charge dismissed?

A: Yes. A defense lawyer can challenge the traffic stop, dispute whether you had knowledge of the suspension, or help you reinstate your license, which may lead to dismissal or reduced charges.