Driving with a Suspended License (DWLS)

Driving with a Suspended License (DWLS) in Florida:

Being charged with Driving with a Suspended License (DWLS) in Florida can have serious consequences, ranging from fines and points on your record to jail time and felony charges. At Sam Masters Legal, we understand the complexities of Florida traffic law and are dedicated to providing aggressive and knowledgeable defense for clients in Daytona Beach and the surrounding areas. This page aims to provide a thorough overview of DWLS in Florida, citing the relevant statutes and detailing every aspect of this charge.

Understanding Florida Statute § 322.34

The primary Florida Statute governing Driving with a Suspended, Canceled, or Revoked License is Florida Statute § 322.34. This statute outlines the different classifications of the offense, depending on the driver’s knowledge of the suspension and their prior history.

Civil Infraction vs. Criminal Offense: The Crucial Role of “Knowledge”

The fundamental distinction in a DWLS charge in Florida lies in whether the driver knew their license was suspended.

• Driving with a Suspended License Without Knowledge (Civil Infraction) – Florida Statute § 322.34(1) If you are caught driving while your license is suspended, canceled, or revoked, but you did not know of the suspension, it is generally considered a moving violation, punishable as a civil infraction. While this may seem less severe, it can still lead to fines and points on your driving record. Crucially, multiple civil DWLS infractions can contribute to a Habitual Traffic Offender (HTO) designation.
• Driving with a Suspended License With Knowledge (Criminal Offense) – Florida Statute § 322.34(2) If you are caught driving while your license is suspended, canceled, or revoked, and you knew of the suspension, it becomes a criminal offense. This carries much more severe penalties, including potential jail time.How is “Knowledge” Proven? The State must prove beyond a reasonable doubt that you had knowledge of the suspension. This can be established in several ways:
  • Previous Citation: You were previously cited for DWLS (without an intervening license reinstatement).
  • Admission: You admitted to the arresting officer that you knew your license was suspended. (It is crucial to remember your right to remain silent and to consult with an attorney before making any statements to law enforcement).
  • Official Notice: You received notice of the suspension, cancellation, or revocation through personal delivery, certified mail to your last known address furnished to the Department of Highway Safety and Motor Vehicles (DHSMV), or a court order/judgment. There is a rebuttable presumption of knowledge if a judgment or order appears in the DHSMV records, except for suspensions related to failure to pay a traffic fine or financial responsibility violations.

Common Reasons for License Suspension in Florida

A driver’s license can be suspended for a wide array of reasons, some of which may surprise you. Common reasons include:

• Accumulation of Points: Florida operates on a point system (discussed in detail below).
• Failure to Pay Traffic Fines or Court Costs: Unpaid tickets or court-ordered fees can lead to suspension.
• Failure to Appear in Court (FTA): Missing a court date for a traffic infraction or other offense will almost certainly result in a suspended license.
• Failure to Maintain Required Automobile Insurance: Driving without proper insurance coverage.
• DUI Conviction or Refusal to Submit to a Breath/Blood Test: Mandatory suspensions accompany DUI offenses or refusal to comply with chemical testing.
• Child Support Delinquency: Failure to comply with child support orders can result in a license suspension.
• Drug-Related Offenses: Convictions for certain drug offenses, even if not driving-related, can trigger a license suspension.
• Felony Offenses: Conviction of certain felonies may also lead to a license suspension or revocation.
• Failure to Complete Traffic School: If you elected to attend traffic school for a prior violation but failed to complete it.

Penalties for Driving with a Suspended License

The penalties for DWLS in Florida depend heavily on whether you had knowledge of the suspension and your prior DWLS history.

Penalties for Driving with Knowledge (Criminal Offense):

First Offense (with knowledge) – Second Degree Misdemeanor:

• • Up to 60 days in county jail
  • Up to 6 months of probation
  • Up to a $500 fine
  • Additional court costs and fees

Second Offense (with knowledge) – First Degree Misdemeanor:

• • Up to 1 year in county jail
  • Up to 1 year of probation
  • Up to a $1,000 fine
  • Additional court costs and fees

Third or Subsequent Offense (with knowledge) – Third Degree Felony:

• • Up to 5 years in state prison
  • Up to 5 years of probation
  • Up to a $5,000 fine
  • Additional court costs and fees
  • Mandatory Minimum 10 Days in Jail: For a third or subsequent conviction, a minimum of 10 days in jail is often required.

Felony DWLS in Specific Circumstances (Florida Statute § 322.34(2)(c), § 322.34(5), § 322.34(6), § 322.34(7)):

Even a first or second DWLS offense can be elevated to a Third Degree Felony in certain situations, carrying the same penalties as a third or subsequent conviction:

Suspension Resulting from Specific Prior Offenses:

If the current DWLS or the most recent prior DWLS conviction stemmed from a violation related to:

• • Driving Under the Influence (DUI)
  • Refusal to submit to a urine, breath, or blood alcohol test
  • A traffic offense causing death or serious bodily injury
  • Fleeing or eluding law enforcement

Habitual Traffic Offender (HTO) Status:

• If you have been designated a “Habitual Traffic Offender” (HTO) by the Florida DHSMV (see below) and are caught driving. This is an automatic Third Degree Felony.

Causing Death or Serious Bodily Injury:

• If you operate a motor vehicle while your license is suspended, canceled, or revoked, and by careless or negligent operation, you cause the death of or serious bodily injury to another human being.

Driving a Commercial Motor Vehicle:

• If your driver’s license or driving privilege for a commercial motor vehicle (CDL) has been canceled, suspended, revoked, or disqualified, and you drive a commercial motor vehicle on Florida highways. A first conviction is a First Degree Misdemeanor, and a second or subsequent conviction is a Third Degree Felony.

Vehicle Impoundment/Immobilization:

• Upon arrest for DWLS with knowledge, your vehicle may be immediately impounded or immobilized. The owner of the vehicle (even if it’s not you) will be responsible for towing and storage fees, and the vehicle may remain impounded until proof of insurance is provided or the court orders its release.

Habitual Traffic Offender (HTO) Designation – Florida Statute § 322.264

One of the most severe collateral consequences of multiple traffic offenses, including DWLS, is being designated a Habitual Traffic Offender (HTO). If you are classified as an HTO, your driver’s license will be revoked for five years.

You become an HTO if, within a five-year period, you accumulate:

• Three or more convictions (arising out of separate acts) of any one or more of the following serious offenses:
  • Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle
  • Driving Under the Influence (DUI)
  • Any felony in which a motor vehicle is used
  • Driving a motor vehicle while your license is suspended or revoked (this includes both civil adjudications of guilt and criminal convictions for DWLS)
  • Failing to stop and render aid as required by law in the event of a motor vehicle crash resulting in death or personal injury
  • Driving a commercial motor vehicle while your driving privilege is suspended, revoked, or disqualified.
• Fifteen convictions for moving traffic offenses for which points may be assessed (even if individually minor).

It’s critical to understand that even civil adjudications of guilt for “Driving While License Suspended Without Knowledge” count towards the three DWLS convictions needed for HTO status. This is why addressing every traffic infraction seriously is paramount.

Florida’s Point System and License Suspension Thresholds

The Florida DHSMV uses a point system to track driving offenses. Accumulating too many points within a certain timeframe will lead to license suspension:

• 12 points within 12 months: 30-day suspension
• 18 points within 18 months: 3-month suspension
• 24 points within 36 months: 1-year suspension

Points assigned vary by violation:

• 3 Points: Speeding (15 mph or less over limit), careless driving, failure to stop at a red light (if not involving an accident), failure to yield, open container.
• 4 Points: Speeding (more than 15 mph over limit), reckless driving, passing a stopped school bus, moving violation resulting in an accident.
• 6 Points: Leaving the scene of an accident (property damage), speeding resulting in an accident, moving violation resulting in bodily harm.

Note: Points typically remain on your record for three years, but the violation itself may stay longer and affect insurance rates.

Reducing Points: Basic Driver Improvement (BDI) Course

You may be able to reduce points by completing a 4-hour Basic Driver Improvement (BDI) course. This option is typically available once every 12 months and no more than five times in your lifetime. You must notify the court within 30 days of receiving your ticket if you intend to elect traffic school.

Defenses to Driving with a Suspended License Charges

An experienced criminal defense attorney can explore various defenses to a DWLS charge, aiming to get the charges dismissed, reduced, or to achieve the best possible outcome. Some common defenses include:

• Lack of Knowledge: This is the most frequently litigated defense. If the State cannot prove you knew your license was suspended, the criminal charge may be reduced to a civil infraction or even dismissed. This often involves examining how notice was provided by the DHSMV.
• Invalid Suspension: If your license was suspended due to an administrative error, a mistake in records, or an expired suspension period that should have been lifted, your attorney can challenge the validity of the suspension itself.
• Necessity/Emergency: In rare circumstances, if you were driving due to a genuine emergency (e.g., transporting someone to the hospital in a life-threatening situation) and had no other reasonable alternative, a necessity defense might apply. This is a difficult defense to prove and requires compelling evidence.
• Not in Actual Physical Control: The prosecution must prove you were actually operating or in physical control of the motor vehicle. If you were merely in a parked car not in operation, this could be a defense.
• Mistaken Identity: If you were wrongly identified as the driver, or if someone else was using your identity, this can be a valid defense.
• Unlawful Traffic Stop: If the initial traffic stop was conducted without reasonable suspicion or probable cause, any evidence obtained as a result of that stop could be suppressed, leading to a dismissal of the charges.
• License Reinstatement: If you had successfully reinstated your license before being stopped, or had a valid reason to believe it was reinstated, this provides a strong defense.
• Driving on Private Property: Generally, DWLS statutes apply to driving on “highways of this state.” If you were exclusively driving on private property, the statute may not apply.

Why You Need a Dedicated Criminal Defense Attorney

A charge of Driving with a Suspended License, even if initially a civil infraction, carries the potential for severe long-term consequences, particularly the risk of becoming a Habitual Traffic Offender. A conviction can impact your ability to work, your insurance rates, and your personal freedom.

At Sam Masters Legal, we are prepared to:

• Thoroughly Investigate Your Case: We will examine the circumstances of your stop, the evidence of “knowledge,” and the validity of your license suspension.
• Challenge Evidence: We will aggressively challenge any weaknesses in the prosecution’s case, including the method by which notice of suspension was provided.
• Negotiate with Prosecutors: We will work to negotiate with the State Attorney’s Office to seek a dismissal, a reduction to a lesser charge (such as “No Valid Driver’s License”), or alternative sentencing.
• Guide You Through the DHSMV Process: We can assist you in understanding the requirements for reinstating your license and navigating the complex DHSMV system.
• Fight for Your Rights in Court: If a favorable plea agreement cannot be reached, we are prepared to take your case to trial and present a vigorous defense.
• Advise on HTO Avoidance: We understand the critical importance of avoiding HTO status and will strategize to prevent this five-year license revocation.

Experienced and Aggressive Criminal Defense in Daytona, Beach FL

Don’t face a Driving with a Suspended License charge alone. The potential ramifications are too significant. Contact Sam Masters Legal, an experienced Florida criminal defense attorney,  today for a confidential consultation to discuss your specific situation and learn how we can protect your rights and your driving privileges.