Driving while license suspended in St. Petersburg
Florida treats driving on a suspended license two different ways under section 322.34, and the difference comes down to what you knew. If you didn't know your license was suspended, the charge is a noncriminal moving violation. You pay a fine and the points go on your record, but there's no arrest and no criminal conviction.
Driving while license suspended with knowledge (often written DWLS) is a crime. A first conviction is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. A second conviction is a first-degree misdemeanor. A third conviction carries at least 10 days in jail, and it becomes a third-degree felony when the suspension came from a DUI, a test refusal, fleeing or eluding, or a crash causing death or serious injury.
The State proves knowledge in a few ways: you were cited for driving while suspended before, you admitted to the officer that you knew, or a court order or citation told you about the suspension. In some cases the State can rely on a notice in DHSMV records, but that presumption does not apply to suspensions for unpaid traffic fines or missing insurance. Knowledge is often the weakest part of the State's case, and it is the first thing we examine.
License suspensions for unpaid tickets, child support and insurance
Many suspended-license cases in Pinellas County start with something other than a bad driving record. When you miss a payment or a court date on a traffic ticket, the clerk sends a notice, and you have 30 days to take care of it and pay a delinquency fee of up to $25. After that, DHSMV issues a suspension that takes effect 20 days later. The clerk can set up a payment plan, and that's often the fastest way back on the road.
Child support suspensions follow their own timeline. Once you receive a notice, you have 20 days to pay, sign a payment agreement or file a petition in circuit court, where you can also ask the judge for a business-purpose license. Insurance suspensions end when you show proof of coverage and pay a reinstatement fee of $150, $250 or $500, depending on your history.
If you're charged with knowingly driving on a suspension of this kind, the law is more forgiving. A first or second conviction stays a misdemeanor. Drivers without a commercial license can often plead no contest and show proof that they've fixed the underlying problem, and adjudication is withheld. That option can be used up to three times, and not more than once in 12 months.
Habitual traffic offender designation in Florida
DHSMV labels you a habitual traffic offender (HTO) under section 322.264 when your record shows three convictions within 5 years for certain serious offenses. The offenses that count include:
- DUI
- Driving while your license is suspended or revoked
- Driving without a valid license
- Leaving the scene of a crash involving death or injury
- Vehicular manslaughter or any felony committed with a vehicle
Fifteen convictions for moving violations that carry points within 5 years will also do it. Many people assume reckless driving is on the three-strike list. It isn't, though it does count toward the 15.
An HTO designation means a 5-year revocation, and driving during that time is a third-degree felony. The designation is not always final. If one of the three convictions can be reopened and set aside, or amended to an offense that doesn't count, we may be able to have the designation removed and get your license back.
How to get a hardship license in Florida
A hardship license, which DHSMV calls a restricted license, lets you drive for business or employment purposes during a suspension or revocation. Eligibility depends on why you lost your license. A habitual traffic offender can petition 12 months after the revocation starts. After a DUI revocation of 5 years or less, the waiting period is also 12 months, with proof that you haven't driven and have stayed drug free. Repeat refusals and multiple DUI convictions can make you ineligible.
The hearing is held by a DHSMV hearing officer, and you'll need to show that you need to drive to support yourself or your family. Coming prepared with proof of employment and completed courses makes a real difference. We prepare clients for these hearings and appear with them.
DUI license suspension and the 10-day deadline
A DUI arrest triggers an administrative suspension that runs separately from the criminal case: 6 months for a first breath result of .08 or higher, and 1 year for a first refusal. The citation works as a temporary permit for 10 days. Enter your arrest date below to see the last day to act.
Within those 10 days, you can request a formal review hearing. DHSMV generally issues a temporary business-purpose permit, usually good for 42 days, and must schedule the hearing within 30 days of your request or invalidate the suspension. If this is your first DUI and you've never had a DUI-related suspension, you can instead waive the review and apply for a business-purpose license for the length of the suspension. Our St. Petersburg DUI lawyer page covers the criminal side of the case.
Florida driver's license reinstatement
Getting reinstated means clearing every hold on your record, and drivers often find more than one. A typical file might show an unpaid ticket from another county, a lapsed insurance suspension and a points suspension stacked together. We pull your driving record, list each item that has to be cleared and tell you the order to do it in.
Doug Greenberg began his career as a state prosecutor, so he has seen suspended-license cases from the State's side of the courtroom. A pending DWLS charge often goes better when the license is already valid by the court date, because the prosecutor sees a driver who fixed the problem. That takes time, so call us early.
Suspended license questions we hear most often
Is driving on a suspended license a felony in Florida?
Usually not. A first or second knowing conviction is a misdemeanor. A third conviction can be a third-degree felony when the suspension came from a DUI, a test refusal, fleeing or eluding, or a serious crash, and driving while designated a habitual traffic offender is always a third-degree felony.
How do I find out if my Florida license is suspended?
DHSMV offers a free online driver license check that shows whether your license is valid. For the reasons behind a suspension, you'll need your full driving record. We review it with you at the free consultation.
Can a habitual traffic offender get a hardship license in Florida?
Yes, in many cases. You can petition DHSMV for a business-purpose license 12 months after the revocation begins. If you violate the restrictions, the hardship license is revoked and you can't drive for the rest of the 5 years.
What happens if I miss the 10-day deadline after a DUI arrest?
The administrative suspension takes effect, and you lose the chance to contest it at a formal review hearing. You may still qualify for a hardship license after a waiting period of 30 days for a breath result over .08, or 90 days for a refusal.
Can a driving while license suspended charge be dropped?
It can, depending on the facts. If the State can't prove you knew about the suspension, the charge may be reduced to a noncriminal citation or dismissed. Getting your license reinstated before court often helps the outcome as well.