Driving While License Suspended

Driving While License Suspended (DWLS) in Florida: Laws, Penalties, and Defenses

Understanding Driving While License Suspended (DWLS) in Florida

Driving While License Suspended (DWLS) in Florida is a serious traffic offense that can create long-lasting legal and financial problems. When your suspension stems from unpaid tickets, DUI, or other violations, getting caught driving without a valid license can quickly lead to criminal charges, fines, and even jail time.

At Fighter Law, our team of board-certified criminal trial attorneys, Thomas Fighter and Jessica Travis, along with our experienced staff, have helped countless individuals fight DWLS charges in Florida. Because we previously served as prosecutors, we understand the intricacies of traffic law and now use that experience to protect our clients.

Florida’s DWLS Laws and Statutes

Under Florida Statute 322.34, you may not legally operate a motor vehicle while your driver’s license is suspended, revoked, or canceled. Importantly, the severity of the charge depends on whether you knew about the suspension.

DWLS With Knowledge (Criminal Offense)

• First offense: Second-degree misdemeanor, punishable by up to 60 days in jail, six months probation, and a $500 fine.
• Second offense: First-degree misdemeanor, with penalties of up to 1 year in jail and a $1,000 fine.
• Third offense (Habitual Traffic Offender – HTO): Felony charge that can carry up to five years in prison and a $5,000 fine.

DWLS Without Knowledge (Civil Infraction)

• This type of DWLS is a non-criminal traffic violation. It usually results in a fine and no jail time. However, repeated infractions can still increase the penalties and create bigger problems for your license.

Florida Statute 322.34 – Read More

Common Reasons for License Suspension in Florida

Florida can suspend your driver’s license for many different reasons. Understanding why your license is suspended makes it easier to fix the problem and avoid future issues.

• Failure to pay fines or court costs
• Accumulating excessive traffic points under Florida’s point system
• DUI convictions (driving under the influence)
• Failing to appear in court
• Unpaid child support
• Habitual Traffic Offender (HTO) designation
• Failure to maintain car insurance

Check Your License Status – Florida DHSMV

Penalties for DWLS in Florida

Penalties for driving while license suspended depend on your record and the facts of each case. Generally, the more prior DWLS convictions you have, the more severe the consequences become.

Florida DMV Point System

Defenses to a DWLS Charge in Florida

A strong legal defense can make a major difference in a DWLS case. With the right strategy, you may reduce the charge, avoid a conviction, or protect your driving privileges.

Here are some possible defenses that we often explore:

1. Lack of Knowledge – If you genuinely did not know that your license was suspended, your lawyer can present that lack of knowledge and may convince the State or the court to reduce or dismiss the charge.
2. Improper Notice – The State must show that you received proper notice of the suspension. When the notice is incorrect or never sent to your correct address, that failure can weaken the case.
3. Invalid Traffic Stop – If the officer lacked reasonable suspicion for the stop, your attorney can challenge the stop and ask the judge to suppress the evidence that followed.
4. Reinstated License – Sometimes, a driver reinstates a license before the citation, but the system does not update in time. In those situations, your lawyer can use documentation of reinstatement as part of your defense.
5. Necessity Defense – In rare emergencies, such as a medical crisis, your attorney may argue that you drove out of necessity and that a conviction would be unfair under the circumstances.

How to Reinstate Your Suspended License in Florida

The good news is that many drivers can eventually reinstate a suspended license. The process takes effort, but a clear plan makes it much easier.

1. Check your suspension status through the Florida DHSMV.
2. Pay any outstanding fines, fees, or judgments.
3. Complete any required court-mandated programs.
4. Apply for a hardship license if you qualify.
5. Obtain SR-22 insurance if necessary.
6. Visit a local DHSMV office to complete reinstatement.

Florida DHSMV License Reinstatement

Why Hire a Florida DWLS Attorney?

Fighter Law has defended Floridians since 2011 and has built a stellar reputation in the legal community with hundreds of five-star Google reviews. Our board-certified criminal trial attorneys, Thomas Fighter and Jessica Travis, bring over a decade of courtroom experience to every case.

Benefits of Hiring Us

When you hire our firm, you gain several important advantages:

✔ Board-certified criminal trial attorneys – Recognized experts in Florida criminal defense.

✔ Former prosecutors – We know how the State builds its case and how to dismantle it.

✔ Personalized defense strategies – We tailor each approach to your unique situation and goals.

✔ Help with license reinstatement – In many cases, we can guide you through the steps to get back on the road legally.

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Additional Resources

• Florida Safety Council
• Florida Habitual Traffic Offender Laws
• National Highway Traffic Safety Administration (NHTSA)
• 6 Real-Life DWLS Cases in Florida – And How We Can Help.

Real-Life Examples of DWLS in Florida

Real cases often show how DWLS charges arise and how a defense attorney can respond. Here are a few examples that illustrate common situations:

• Unpaid Ticket Suspension: A driver failed to pay a speeding ticket and did not realize their license had been suspended. Later, an officer stopped the driver for a minor traffic violation, and the driver then faced a charge of DWLS with knowledge.
• DUI-Related Suspension: A driver completed a DUI suspension but never formally reinstated the license. When the driver went through a checkpoint, the officer discovered the suspension and issued a DWLS charge.
• Habitual Traffic Offender (HTO) Case: A rideshare driver accumulated multiple unpaid tickets and points. The State then designated the driver as an HTO, and law enforcement arrested the driver for felony DWLS.
• Unpaid Child Support Suspension: A father struggling with support payments had his license suspended after missing payments. He continued driving to work and was later arrested for DWLS.
• Hardship License Violation: A driver with a hardship license drove outside the permitted hours and route. After a traffic stop, the driver faced additional penalties and new charges.

For a more detailed breakdown of these cases and how they were handled, read our in-depth blog post: 6 Real-Life DWLS Cases in Florida – And How We Can Help.

Recent Legal Updates in 2024

In 2024, Florida enacted changes to its laws regarding driving without a valid driver license (NVDL). Previously, the law classified NVDL offenses as second-degree misdemeanors, no matter how many times a person offended. Under the new legislation, lawmakers increased the penalties as follows:

First Offense: Remains a second-degree misdemeanor.

Second Offense: Elevates to a first-degree misdemeanor.

Third or Subsequent Offense: Becomes a first-degree misdemeanor with a mandatory minimum jail sentence of 10 days.

These changes now bring NVDL penalties more in line with the penalties for driving while license suspended (DWLS) offenses.

Additionally, the Florida Supreme Court amended the Florida Rules of Traffic Court, effective January 1, 2024. The amendments include updated definitions, new guidance on case consolidation procedures, and refined rules on the correction and reduction of penalties. As a result, these changes may affect how courts process DWLS and related traffic cases.

Importantly, these updates apply to NVDL offenses, while the penalties for DWLS offenses remain the same. A first DWLS offense is still a second-degree misdemeanor, a second offense is a first-degree misdemeanor, and a third or subsequent offense can be a third-degree felony, especially when it involves serious driving offenses.

Overall, these legislative and procedural updates reflect Florida’s ongoing effort to improve road safety and enforce licensing requirements more consistently.

Counties in Florida We Serve

At our firm, we provide aggressive legal defense for individuals facing Driving While License Suspended (DWLS) charges across Orange County, Osceola County, Seminole County, Lake County, Brevard County, and Volusia County. Whether your license was suspended due to unpaid fines, DUI-related issues, or other traffic violations, we understand how these charges can affect your daily life, job, and future.

Contact Fighter Law Today

If you’ve been charged with Driving While License Suspended (DWLS) in Florida, don’t face it alone. Our criminal defense team at Fighter Law is ready to step in, explain your options, and fight for you.

Fighter Law – Orlando, FL
(407) 344-4837
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With our experience, expertise, and reputation, we will do everything we can within the law to protect your rights and your future.