Florida Statute §322.34 | Classification: Second-Degree Misdemeanor to Third-Degree Felony
What Is This Charge?
Driving while your Florida driver’s license is suspended, revoked, or canceled is a criminal offense — not merely a traffic infraction. The severity of the charge depends on whether you had knowledge of the suspension and how many prior offenses you have.
Penalties & Fines
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First offense with knowledge: Second-Degree Misdemeanor — up to 60 days jail, $500 fine
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Second offense: First-Degree Misdemeanor — up to 1 year jail, $1,000 fine
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Third or subsequent offense: Third-Degree Felony — up to 5 years, $5,000 fine
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Habitual Traffic Offender (HTO) designation: 5-year mandatory license revocation
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DWLS while suspended for DUI or refusal to submit to testing carries enhanced penalties
Additional Consequences
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Additional license suspension upon conviction
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Insurance consequences
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Immigration consequences for non-citizens
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Vehicle impoundment in some circumstances
Possible Defenses
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Lack of knowledge — you were not properly notified that your license was suspended
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The suspension was improper or has since been resolved
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You held a valid license from another state or country
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Identity error — you were confused with another person
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The traffic stop itself was unlawful
Why You Need a Defense Attorney
Many DWLS charges arise from administrative suspensions that were never properly communicated to the driver. An attorney can investigate whether you received proper notice, work to reinstate your license, and in many cases have the charge reduced or dismissed. Repeat charges escalate quickly — a third offense is a felony.
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