Is driving on a suspended license a crime in Florida?

Driving while license suspended, often written "DWLS," is one of the most common criminal traffic charges in South Florida, and also one of the most fixable. The charge turns on two questions: did you know the license was suspended, and why was it suspended? How Mr. Mead defends these cases is on our criminal traffic citations page.

How does a suspended-license case unfold, step by step?

1. The stop and the record check. The officer runs the license and sees a suspension, revocation or cancellation on the FLHSMV record.
2. The officer decides what to charge. Without proof of knowledge, the charge is a moving violation under s. 322.34(1), handled like other civil tickets. With proof of knowledge, it is a crime under s. 322.34(2) or (10), and the citation requires a court appearance.
3. The car may be impounded. If the license has stayed suspended since an earlier DWLS conviction, or the suspension is for no insurance or habitual offender status, and the driver owns the car, the officer must impound or immobilize it (s. 322.34(8)(a), (b)).
4. Court. A criminal citation goes to county court for arraignment. In Palm Beach County, the Clerk does not take online payment for suspended-license citations. What happens at that first date is covered in whether you have to go to your arraignment.
5. The fix. Many of these cases turn on reinstating the license before the court date, because some charges can then be closed with proof of compliance and a withhold of adjudication (ss. 318.14(10), 322.34(11)).

What are the penalties?

The jail and fine limits come from ss. 775.082 and 775.083. Where these offenses fit among other charges is shown in our Florida criminal penalties chart.

How does the state prove I knew?

The law lists three ways. Knowledge is satisfied if you were previously cited for driving while suspended under s. 322.34(1), if you admit you knew, or if you received notice under s. 322.34(4), which requires court judgments, orders and citations that suspend a license to say so on their face (s. 322.34(2)). There is also a rebuttable presumption of knowledge when such a judgment or order appears in FLHSMV's records, except for a suspension by FLHSMV for failing to pay a traffic fine or for a financial responsibility violation.

FLHSMV notices are mailed or e-mailed, and notice is complete 20 days after it is sent; not receiving it "does not affect or stay" the suspension (s. 322.251(1), (2)). That is why an outdated address matters so much, and why a statement at the roadside such as "I knew it was suspended" often decides the level of the charge.

Why was the license suspended in the first place?

The reason drives everything. Common South Florida reasons include an unpaid or unanswered traffic ticket, which brings a suspension 20 days after FLHSMV's order (s. 318.15(1)(a)), unpaid court costs in a criminal case (s. 322.245(5)), and a lapse in insurance. Unpaid child support is another, explained on our child support license revocation page. Too many points can also do it, as set out in how many points lead to a suspension. A DUI arrest brings an administrative suspension unless it is challenged in time, as described in the first-week checklist after a DUI.

FLHSMV's fee table lists $45 to reinstate after most suspensions, $60 after a D-6 suspension for failing to comply with a ticket, $60 after a court-ordered child support suspension and $45 after one from the Department of Revenue. The Palm Beach Clerk adds that after you pay or set up a payment plan, it gives you an affidavit of compliance to take to FLHSMV within 30 days.

What changes the answer?

• Proof of compliance for financial suspensions. A driver without a commercial license who is charged with knowingly driving while suspended for one of the financial reasons in s. 322.34(10)(a) may plead no contest and show proof of compliance; adjudication is withheld and it is not a conviction. This can be used once in 12 months and three times in a lifetime (s. 322.34(11)).
• No-knowledge cases. For a suspension for failing to appear, pay or attend driver improvement school, or for child support, a no-contest plea with proof of compliance also brings a withhold, with $25 in court costs, three times in a lifetime (s. 318.14(10)). The Broward Clerk calls this the decriminalized affidavit option.
• The suspension behind a third charge. A third DWLS is a felony only when it is tied to DUI, refusal, a crash causing death or serious injury, or fleeing (s. 322.34(2)(c)). Fleeing cases are explained in the penalty for fleeing or eluding police.
• Habitual offender status. Three DWLS convictions within 5 years make a driver a habitual traffic offender, with a 5-year revocation (s. 322.264(1)(d)); see what makes someone a habitual traffic offender.
• A withhold matters. A withheld adjudication under s. 318.14(10) or s. 322.34(11) is not a conviction, which keeps it from counting toward later DWLS levels. The concept is explained in what a withhold of adjudication is.

A worked example

For example, a hypothetical Hollywood driver missed a speeding ticket deadline last year. FLHSMV suspended her license under s. 318.15, and the notice went to an old address. She is stopped on Hollywood Boulevard and tells the officer she did not know. With no prior DWLS citation and no admission, the officer writes a civil moving violation under s. 322.34(1). She pays the old ticket and the late fees, takes the Clerk's affidavit of compliance to FLHSMV, pays the $60 reinstatement fee, and then uses the proof of compliance option on the new citation, so adjudication is withheld. If she had said "I knew," the charge could have been a second-degree misdemeanor, though the s. 322.34(11) option would still have been available because the suspension was for a missed ticket. This illustration is not a prediction for any case.

Common mistakes people make

• Telling the officer you knew about the suspension, which is one of the listed ways to prove knowledge.
• Not updating your address with FLHSMV, so notices go astray while the suspension still takes effect.
• Going to court before reinstating, when reinstatement may allow a withhold.
• Pleading to a conviction that becomes the third DWLS and triggers habitual offender status.
• Letting someone else drive your car while you are suspended and assuming the car is safe; impoundment depends on the driver, the owner and the type of suspension.
• Ignoring a small unpaid court cost that keeps the license suspended for years.

What to do this week

1. Check your license status and the reason for each suspension with the FLHSMV Driver License Check.
2. Get the details of every unpaid ticket or court obligation from the clerk in each county.
3. Pay or set up a payment plan and collect the clerk's affidavit or certificate of compliance.
4. Reinstate at FLHSMV and keep the receipt.
5. Read the new citation: civil moving violation, or a criminal charge with a court date?
6. Do not drive until the license is valid again.

Frequently asked questions

Can I go to jail for a first suspended-license charge?

If you knew of the suspension, a first conviction is a second-degree misdemeanor with up to 60 days (s. 322.34(2)(a)). Without knowledge, it is a civil moving violation.

Is driving with an expired license the same thing?

No. Driving with a license expired more than 6 months violates s. 322.03(6), and a case for driving with no valid license can be dismissed if you show a license that was valid at the time (s. 322.03(7)). The difference between criminal and civil tickets is explained in whether a Florida traffic ticket is criminal or civil.

Will my car be towed?

Only if every condition in s. 322.34(8)(a) is met, including that you own the car. If impounded, it stays until the owner shows proof of insurance or a sale, and a lien attaches after 35 days (s. 322.34(8)(e)).

Does a suspended-license charge add points?

The civil version is a moving violation. A conviction for knowingly driving while suspended counts toward habitual traffic offender status (s. 322.264(1)(d)).

What if my license was suspended for child support?

A first knowing violation is a second-degree misdemeanor and later ones first-degree, but not a felony, if you have no prior forcible felony (s. 322.34(10)). Proof of compliance can lead to a withhold (s. 322.34(11)).

What if I just got a civil ticket for driving while suspended?

Treat it like any civil ticket: you have 30 days to respond, and the choices are compared in whether to pay, take traffic school or ask for a hearing.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. In suspended-license cases, sorting out why the license was suspended, and fixing it before court, often matters as much as the defense itself. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you were cited for driving while suspended, a confidential call to (561) 362-6677 is a sound first step.

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