🚗 Habitual Traffic Offender (HTO) in Florida: What It Means and How to Fight It
If you’ve received notice that you’ve been designated a Habitual Traffic Offender (HTO) in Florida, you’re not alone—and you’re not without options. This classification results in a mandatory five-year driver’s license revocation, but there are legal steps you can take to challenge the designation or restore your driving privileges.
📘 What Is a Habitual Traffic Offender in Florida?
1️⃣ Three or more convictions for:
- Driving with a suspended or revoked license
- DUI (Driving Under the Influence)
- Manslaughter involving a motor vehicle
- Failing to stop and render aid after an injury crash
- Committing a felony using a motor vehicle
- Driving a commercial vehicle without the proper CDL
OR
2️⃣ Fifteen or more convictions for moving violations that carry points
- Once designated, the Florida DHSMV must revoke your license for five years—this is not optional.
📚 See: Fla. Stat. § 322.264 and § 322.27
🔁 Can I Get a Hardship License?
Yes—but not right away.
If eligible, you may apply for a “Business Purposes Only” license after 12 months from the date of HTO revocation.
According to Fla. Stat. § 322.27, this license allows driving for:
- Work or on-the-job travel
- School
- Religious services
- Medical care
📌 However, you must meet eligibility requirements and petition the DMV. Approval is not guaranteed.
🔗 Related Posts You May Find Helpful
🛑 What If I’m Not Eligible for a Hardship License?
If you don’t qualify or miss the one-year window:
- You must wait the full five years before applying for full license reinstatement
- Even after five years, reinstatement is not automatic
- You must prove rehabilitation and demonstrate safe behavior
⏳ You Have 30 Days to Challenge an HTO Designation
f you’ve been notified of an HTO designation, you have 30 days to file a challenge with the DHSMV.
An experienced defense attorney can:
- Review your driving record for errors
- Challenge outdated or misclassified convictions
- File a motion to vacate improper priors
- Represent you before the DMV or traffic court
👉 Learn how a defense lawyer challenges evidence and DMV records
👨⚖️ Let Michael White, P.A. Help You Protect Your License
As a former prosecutor and seasoned Fort Lauderdale criminal defense attorney, I know how to navigate the complexities of HTO laws, DMV rules, and traffic court procedures. I’ll work to:
- Prevent the HTO classification if possible
- Restore your driving privileges sooner
- Guide you toward a hardship license or record correction
📞 Call (954) 270-0769 or schedule your free consultation online
❓ Frequently Asked Questions
1. What qualifies someone as a Habitual Traffic Offender in Florida?
Florida law defines a Habitual Traffic Offender (HTO) as someone who, within five years, has either three qualifying convictions (such as DUI or driving on a suspended license) or 15 moving violations that carry points.
2. How long will my license be revoked if I’m declared an HTO?
The Florida DHSMV will revoke your driver’s license for five years, and reinstatement is not automatic. You may be eligible for a hardship license after one year.
3. Can I get a hardship or business purpose only license after an HTO revocation?
Yes. After 12 months, some HTO-designated drivers may apply for a Business Purposes Only license, allowing them to drive to work, school, religious services, and medical appointments.
4. Is there a way to fight an HTO designation in Florida?
Yes. You have 30 days from receiving your HTO notice to challenge it. A defense attorney can review your driving history, look for misclassified convictions, and file a motion to remove ineligible priors.
5. What happens if I drive while classified as a Habitual Traffic Offender?
Driving while under HTO revocation is a third-degree felony in Florida. If convicted, you could face up to five years in prison and a permanent mark on your criminal record.