The Consequences of Driving with a Suspended License in Florida
Introduction
Driving with a suspended license in Florida is a serious offense that can lead to fines, extended suspension periods, and even jail time. Many drivers are unaware that their license is suspended until they are pulled over, but ignorance of the suspension is not a valid legal defense.
This guide explains the reasons a license may be suspended, the penalties for driving while suspended, and how to reinstate your driving privileges.
Common Reasons for License Suspension in Florida
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) can suspend a driver’s license for several reasons, including:
1. Accumulating Too Many Points
Florida uses a point system for traffic violations. If a driver accumulates:
- 12 points in 12 months → 30-day suspension
- 18 points in 18 months → 3-month suspension
- 24 points in 36 months → 1-year suspension
2. Failure to Pay Fines or Court Fees
Unpaid traffic tickets, court fines, or judgments from car accidents can result in a suspension.
3. Driving Under the Influence (DUI)
A DUI conviction leads to an automatic license suspension, with harsher penalties for repeat offenders.
4. Failure to Maintain Auto Insurance
All Florida drivers must carry minimum auto insurance coverage. Failure to do so can result in suspension.
5. Failure to Appear in Court
Missing a court date for a traffic violation or other legal matter can lead to suspension.
6. Failure to Pay Child Support
If a driver falls behind on child support payments, the state may suspend their license until payments are made.
7. Being Designated as a Habitual Traffic Offender (HTO)
A driver may be labeled a Habitual Traffic Offender (HTO) if they commit:
- Three major traffic violations in five years (DUI, reckless driving, or driving with a suspended license)
- 15 moving violations in five years
HTO status results in a five-year license revocation.
Penalties for Driving with a Suspended License in Florida
The penalties for driving with a suspended license depend on whether it is a first, second, or third offense and whether the driver knew their license was suspended.
First Offense (Unknowing)
- Second-degree misdemeanor
- Up to 60 days in jail
- Fine of up to $500
Second Offense
- First-degree misdemeanor
- Up to one year in jail
- Fine of up to $1,000
Third or Subsequent Offense
- Third-degree felony
- Up to five years in prison
- Fine of up to $5,000
- Possible Habitual Traffic Offender (HTO) designation
A third or subsequent conviction results in a five-year license revocation under Florida’s Habitual Traffic Offender law.
How to Reinstate a Suspended License in Florida
If your license is suspended, you must take specific steps to reinstate it.
Step 1: Determine the Reason for Suspension
Check your suspension status through the FLHSMV website or by calling your local DMV office.
Step 2: Satisfy the Requirements
The requirements for reinstatement depend on the reason for suspension. Examples include:
- Paying outstanding fines or fees
- Providing proof of auto insurance
- Completing a court-ordered traffic school course
Step 3: Pay Reinstatement Fees
- Standard reinstatement fee: $45
- DUI-related suspension fee: $130
Step 4: Apply for a Hardship License (If Eligible)
A hardship license allows limited driving privileges for work or medical purposes. To qualify, drivers must:
- Complete a 12-hour Advanced Driver Improvement (ADI) course
- Request a hearing with the Bureau of Administrative Reviews
Defenses Against Driving with a Suspended License Charges
A skilled criminal defense attorney may be able to challenge a driving with a suspended license (DWLS) charge by arguing:
Lack of Knowledge
If the driver was not aware that their license was suspended, the charge may be reduced or dismissed.
Improper Traffic Stop
If law enforcement did not have probable cause to stop the driver, any evidence obtained during the stop may be inadmissible in court.
License Suspension Was Issued in Error
If the driver’s license was wrongfully suspended, an attorney may be able to correct the issue and have the charge dismissed.
Necessity Defense
If the driver was operating a vehicle due to an emergency situation, such as transporting someone to the hospital, the court may consider dismissing the charge.
How a Criminal Defense Attorney Can Help
A driving with a suspended license charge can lead to long-term consequences, including jail time, fines, and permanent revocation of driving privileges. An experienced criminal defense attorney can:
- Review the case for possible legal defenses
- Negotiate with the court to reduce or dismiss charges
- Assist with license reinstatement
- Help prevent Habitual Traffic Offender (HTO) status
At Bonderud Law, we have successfully defended clients facing DWLS charges and helped them restore their driving privileges. If you have been charged, contact us today for a consultation.
Conclusion
Driving with a suspended license in Florida carries serious legal consequences, including fines, extended suspension periods, and potential jail time. If your license is suspended, taking immediate action to reinstate your driving privilegescan help you avoid further penalties.
If you are facing a driving with a suspended license charge, seeking legal representation as soon as possible is the best way to protect your rights and future.
