How many points before my Florida license is suspended?

Florida's point system is run by the Department of Highway Safety and Motor Vehicles (FLHSMV), not by the court. The court or clerk reports the outcome of each ticket, and FLHSMV adds the points and decides whether a suspension follows. How Mr. Mead keeps points off clients' licenses is described on our traffic tickets page.

How do points lead to a suspension, step by step?

1. A ticket ends in a conviction or admission. Paying a civil ticket counts as admitting it (s. 318.14(4)(b)). The choices in the first 30 days are compared in whether to pay, take traffic school or ask for a hearing.
2. The clerk reports it. The official certifies the admission or the final disposition to FLHSMV within 10 days (s. 318.14(7)(a)).
3. FLHSMV enters the points. On receiving the report, FLHSMV "shall proceed to enter the proper number of points" under s. 322.27 (s. 318.14(8)).
4. A warning may come first. When a driver reaches "the danger zone," FLHSMV may send a warning letter that further convictions may lead to suspension (s. 322.27(3)(f)).
5. The suspension order is mailed. Notice by first-class mail or authorized e-mail is complete 20 days after it is sent, and not receiving it does not delay the suspension (s. 322.251(1), (2)).
6. Reinstatement needs a course. A driver suspended under the point system must show proof of enrollment in an FLHSMV-approved advanced driver improvement course before reinstatement (s. 322.291(2)), and pay the reinstatement fee, which FLHSMV lists as $45 for suspensions.

How many points lead to how long a suspension?

How many points is each violation?

Convictions from other states count as if they happened in Florida, with the same number of points (s. 322.27(3)(e)). Nonmoving violations, such as many equipment and paperwork tickets, carry no points under this scale.

What changes the answer?

• Traffic school. Completing a basic driver improvement course after electing it means points "may not be assessed" (s. 318.14(9)). The election is limited to once in 12 months and eight times in a lifetime, and not for CDL holders or speeds of 30 mph or more over.
• A withhold from the court. When adjudication is withheld, "such action is not a conviction" (s. 318.14(11)), and the Palm Beach Clerk tells drivers a withhold means no points. The idea is explained in what a withhold of adjudication is.
• A crash. A violation that causes a crash costs more points, and a conviction tied to a crash with injury needing hospital transport, or a second property-damage crash of $500 or more within 2 years, requires an FLHSMV driver improvement course within 90 days of notice or the license is canceled (s. 322.0261(1), (2)). Crash cases involving alcohol are covered in a DUI with a crash.
• Reckless driving and red lights. A conviction for reckless driving, running a red light, passing a school bus or racing triggers a required course regardless of points (s. 322.0261(4)(a)). How reckless driving differs from the civil charge of careless driving is set out in reckless versus careless driving.
• Many tickets over 5 years. Fifteen point-carrying convictions within 5 years makes a driver a habitual traffic offender, with a 5-year revocation instead of a short suspension (ss. 322.264(2), 322.27(5)(a)). The rules are in what makes someone a habitual traffic offender.
• Suspensions that are not about points. Missing the 30-day deadline on a ticket brings a separate suspension under s. 318.15, with a $60 reinstatement fee, whatever your points total.

What does getting the license back involve?

A points suspension ends on the date in the order, but the license does not come back by itself. Before reinstatement, the driver must show proof of enrollment in an advanced driver improvement course approved by FLHSMV (s. 322.291(2)). If the course is not completed within 90 days after reinstatement, FLHSMV is notified and cancels the driving privilege, even though the suspension period has ended. FLHSMV's fee table lists $45 to reinstate after a suspension.

One rule surprises many drivers. FLHSMV requires the driver to surrender the license when it is suspended, and if the driver does not, the suspension period "does not expire" until the same length of time has passed after the license is surrendered or an affidavit of loss is filed (s. 322.251(3)). The suspension is also entered on the driver record 20 days after the notice is mailed or e-mailed, so any check after that date shows it (s. 322.251(6)).

A points suspension is an administrative action that does not start with an arrest, so it has no 10-day deadline like the one that follows a DUI arrest, described in the 10-day rule after a Florida DUI. The time to act on points is earlier, while each ticket is still open.

How long do points stay on my record?

The suspension rules look only at points inside the 12, 18 and 36-month windows. The entries stay on the driving record longer. FLHSMV says most guilty dispositions are kept 3 to 5 years, and serious ones longer. Traffic school elections are kept for 75 years, which is how FLHSMV tracks the lifetime limit, though they carry no points. A 3-year or 7-year driver record shows guilty dispositions from that period; a complete record shows everything still retained.

Insurers and employers often read these records, which is one reason many drivers avoid points even when they are nowhere near 12.

A worked example

For example, a hypothetical Fort Lauderdale delivery driver with a regular license gets three tickets in ten months: 12 mph over (3 points), an improper lane change (3 points) and 18 mph over (4 points). He paid all three, so he has 10 points. A fourth ticket for an illegal turn would add 3 more, reaching 13 within 12 months and allowing a suspension of up to 30 days. Because he has not elected traffic school in the past 12 months, he can elect it for the fourth ticket and avoid the points. If he had already used school, a no-contest plea asking the court to withhold adjudication, or a hearing on the ticket, would be the options to weigh. If he were suspended, he would need to enroll in an advanced driver improvement course and pay the reinstatement fee before driving again. This illustration is not a prediction for any case.

Common mistakes people make

• Paying tickets one at a time without adding up the points across 12, 18 and 36 months.
• Using traffic school on a cheap 3-point ticket and having no election left for a 4-point or 6-point one months later.
• Ignoring an FLHSMV warning letter.
• Moving without updating the address on file, so the suspension order goes to an old address; the suspension still takes effect.
• Driving after a suspension takes effect, which can lead to a criminal charge if the driver knew of it, as explained in whether driving on a suspended license is a crime.
• Assuming a ticket from another state will not count in Florida.

What to do this week

1. Order or check your driving record and list every point entry with its date.
2. Add the points inside each window: the last 12, 18 and 36 months.
3. Check your traffic school history and eligibility with the FLHSMV Driver License Check.
4. For any open ticket, decide within 30 days between school, a plea asking for a withhold, or a hearing.
5. Confirm that FLHSMV has your current mailing address.
6. If a suspension order arrives, read the dates and do not drive once it takes effect.

Frequently asked questions

Is the suspension automatic at 12 points?

The statute says FLHSMV "is authorized to suspend" at 12 or more points, and sets the maximum lengths (s. 322.27(3)). A driver whose license is suspended may request a hearing with FLHSMV (s. 322.271(1)(a)).

Can I get a hardship license during a points suspension?

A driver may ask FLHSMV for a business or employment purposes license by showing serious hardship (s. 322.271(1), (2)). The hearing works much like the one described in when a hardship license is possible after a DUI.

Do camera tickets add points?

No. Red light and school zone speed camera violations carry no points and may not be used to set insurance rates (s. 322.27(3)(d)5.c., 6.).

Do points from a ticket in another state count?

Yes. FLHSMV may record an out-of-state conviction with the same points as the Florida equivalent (s. 322.27(3)(e)).

Does a traffic hearing help if I am near 12 points?

A hearing requires proof beyond a reasonable doubt (s. 318.14(6)); if the infraction is not proved, there are no points. Palm Beach hearings in the south county are held at the South County Courthouse in Delray Beach.

Are points the same as a criminal record?

No. Civil infraction points sit on the driving record. Criminal traffic charges are a separate matter, handled as described on our criminal traffic citations page.

How can Mr. Mead help?

Mr. Mead has defended South Florida drivers for more than three decades, and in many traffic cases he can appear on your behalf. Counting your points before you pay a ticket is the simplest way to avoid a suspension. 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 are close to a points suspension, a confidential call to (561) 362-6677 is a sound first step.

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