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 have long-lasting legal and financial consequences. Whether your suspension is due to unpaid tickets, DUI, or other violations, getting caught driving without a valid license can lead to criminal charges, fines, and even jail time.

At Fighter Law, our team of board-certified criminal trial attorneys, Thomas Feiter and Jessica Travis, along with our experienced team, have helped countless individuals fight DWLS charges in Florida. As former prosecutors, we understand the intricacies of traffic law and use our expertise to protect our clients.

Florida’s DWLS Laws and Statutes

Under Florida Statute 322.34, it is illegal to operate a motor vehicle while your driver’s license is suspended, revoked, or canceled. The severity of the charge depends on whether the driver 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 $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, carrying up to five years in prison and a $5,000 fine.

DWLS Without Knowledge (Civil Infraction)

• This is considered a non-criminal traffic violation, typically resulting in a fine but no jail time. However, repeated infractions can escalate penalties.

Florida Statute 322.34 – Read More

Common Reasons for License Suspension in Florida

Your Florida driver’s license may be suspended for various reasons, including:

• 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 vary depending on the circumstances:

Florida DMV Point System

Defenses to a DWLS Charge in Florida

A strong legal defense can help you fight DWLS charges. Here are some possible defenses:

1. Lack of Knowledge – If you were unaware that your license was suspended, your charge could be reduced or dismissed.
2. Improper Notice – The state must prove that proper notice was given regarding your suspension.
3. Invalid Traffic Stop – If the officer lacked reasonable suspicion for the stop, evidence may be suppressed.
4. Reinstated License – If your license was reinstated before the citation but not updated in the system, you may have a defense.
5. Necessity Defense – In rare cases, necessity (such as a medical emergency) may be a valid defense.

How to Reinstate Your Suspended License in Florida

If your license is suspended, you can take steps to reinstate it:

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 eligible.
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 been defending 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 Feiter and Jessica Travis, bring over a decade of courtroom experience to every case.

Benefits of Hiring Us

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

✔ Former prosecutors – We understand how the state builds its case and how to dismantle it.

✔ Personalized defense strategies – Tailored approaches based on your unique situation.

✔ Help with license reinstatement – We can assist you in getting 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

Understanding DWLS through real-life cases can help illustrate how these charges arise and how they can be defended. Here are a few examples:

• Unpaid Ticket Suspension: A driver failed to pay a speeding ticket and was unaware their license had been suspended. They were pulled over for a minor traffic violation and charged with DWLS with knowledge.
• DUI-Related Suspension: A driver who completed their DUI suspension but failed to reinstate their license was stopped at a checkpoint and faced DWLS charges.
• Habitual Traffic Offender (HTO) Case: A rideshare driver with multiple unpaid tickets was unknowingly designated as an HTO and arrested for felony DWLS.
• Unpaid Child Support Suspension: A father struggling with payments had his license suspended without notice and was arrested for driving to work.
• Hardship License Violation: A driver with a hardship license was stopped outside of permitted hours and faced additional penalties.

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, NVDL offenses were classified as second-degree misdemeanors, regardless of the number of offenses. Under the new legislation, penalties have increased as follows:

First Offense: Remains a second-degree misdemeanor.

Second Offense: Elevated to a first-degree misdemeanor.

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

These changes align the penalties for NVDL offenses more closely with those for driving while license suspended (DWLS) offenses.

Additionally, the Florida Supreme Court has amended the Florida Rules of Traffic Court, effective January 1, 2024. These amendments include changes to definitions, case consolidation procedures, and the correction and reduction of penalties, which may impact how DWLS cases are processed.

It’s important to note that while these updates affect NVDL offenses, the penalties for DWLS offenses remain unchanged. For instance, a first DWLS offense is 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 if related to serious driving offenses.

These legislative and procedural updates reflect Florida’s ongoing efforts to enhance road safety and ensure compliance with licensing requirements.

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 the impact these charges can have on 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 expert criminal defense team at Fighter Law is here to fight for you.

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