Under Florida Statute 322.34, it is a civil traffic offense to unknowingly drive a vehicle while your driver’s license was canceled, suspended, or revoked and it is a criminal offense to knowingly drive a vehicle while your driver’s license was canceled, suspended, or revoked.

There are many different factors that go into Driving While License Suspended (DWLS) cases: Were you driving while knowing that your license was suspended? Is this your first offense? Did you cause serious bodily harm to someone? Etc. 

For some of the above factors, it could be the difference between a criminal or civil matter and these are a few of the reasons why each case is unique. Also, each time you are adjudicated guilty of a DWLS it will count as one of your three strikes to become a Habitual Traffic Offender (HTO). A person classified as an HTO will have a 5-year driver’s license revocation, so be careful.

If you are caught driving while knowing your license is suspended or revoked, not only will it go on your driving record, but also your criminal record. 

In Florida, there are a variety of reasons your license would be suspended, including:

• DUI conviction
• Points Suspension
• Failure to pay child support
• Failure to appear in court
• Habitual Traffic Offender
• A conviction for drug or theft offenses
• Failure to pay court costs
• Failure to pay judgment
• Failure to have car insurance

For the State to prosecute someone for a DWLS case, they must prove:

• The driver’s license was suspended, revoked, or canceled
• The driver had advanced knowledge of the suspension, revocation, or cancellation
• The vehicle was driven on a Florida highway/roadway

If you are charged with driving while your license is suspended, revoked, canceled, or disqualified WITHOUT your knowledge it is a civil offense instead of a criminal matter. It is also important to remember that paying your DWLS ticket admits guilt.

• Court is NOT mandatory
• $164 fine in Orange County
• Driving School
• Court costs
• Points on your license
• Strike towards becoming an HTO

Being charged with DWLS while you did have knowledge of your suspension is a criminal matter and you will be charged with a second-degree misdemeanor for a first offense. This is a more serious matter than a DWLS without knowledge and brings bigger penalties.

• Court will be mandatory
• It will be on your criminal record
• Up to a $500 fine
• Classes and court costs
• Up to 60 days in jail or probation
• Strike towards becoming an HTO

If you are found to be DWLS with knowledge a second time, you will be charged with a first-degree misdemeanor.

• Court will be mandatory
• It will be on your criminal record
• Up to a $1000 fine
• Up to 1 year in jail
• Strike towards becoming an HTO

If you are charged with DWLS with knowledge and you have two prior convictions for the same thing, you will be charged with a misdemeanor of the first degree with a minimum of 10 days in jail. If this was your third offense in 5 years, you may also become a Habitual Traffic Offender which brings an automatic 5-year revocation of your driver’s license.

• Court will be mandatory
• Minimum 10 days jail
• It will be on your criminal record
• Up to a $1000 fine
• Up to 1 year in jail
• Strike towards becoming an HTO

If you were DWLS with knowledge and caused a fatality or serious bodily harm to another person you will be charged with a third-degree felony.

• Court will be mandatory
• It will be on your criminal record
• Up to a $5000 fine
• Up to 5 years in jail or probation
• Strike towards becoming an HTO

The state will most likely take this much more seriously than other DWLS offenses and it’s very important to contact an experienced DWLS attorney immediately.

If you are caught driving with a suspended license, whether with knowledge or without, you should also contact a law firm that specializes in criminal traffic matters. Attorney Brandon Gans has over a decade of traffic experience and is ready to help fight your license suspension and get you out of court and back on the road.