Driving while License Suspended (DWLS) in Florida

Under Florida Statute 322.34, it is a civil infraction to unknowingly drive a vehicle while your driver license was canceled, suspended, or revoked and it is a criminal offense to knowingly drive a vehicle while your driver license was canceled, suspended, or revoked.

And Driving while License Suspended (DWLS) is one of the most common criminal charges in Florida’s court system, it is also a charge that lawyers frequently resolve incorrectly because they do not take the time to develop a proper defense.

Instead, many lawyers simply advise clients to plead to a “withhold and small fine.” But what they don't explain is:

• The DWLS is eligible for a Clerk of Court Election.
• A Withhold of Adjudication counts as a conviction under Florida law. [1]
• Three DWLS convictions within a five year period will result in a five-year driver license revocation as a Habitual Traffic Offender.
• A subsequent DWLS may result in a felony charge.

Elements of Driving While License Suspended, Canceled, or Revoked

To criminally prosecute someone for Knowingly Driving While License Suspended, Canceled, or Revoked, the State must prove:

1. The Driver's License was Suspended, Canceled, or Revoked.
2. The Driver had Advance Knowledge of the Suspension, Cancellation, or Revocation.
3. The Vehicle was Driven on a Florida Highway.

The Driver License was Suspended, Canceled, or Revoked

A certified copy of the driver's Florida DHSMV driving record is introduced to prove whether a person's driver license was suspended, canceled, or revoked on the date of the offense.

However the Florida DHSMV makes mistakes and very frequently shows a valid driver’s license as being suspended.

Consequently, an erroneous driving record that reflects an incorrect suspension, cancelation, or revocation can be fought or reduced to a civil infraction.

The Driver had Advance Knowledge of the Suspension.

A driver's knowledge of a driver license suspension, cancellation, or revocation is the most litigated issue in a DWLS case.

A driver's knowledge of a suspension, cancelation, or revocation can be proven by showing:

• The driver admits to knowledge of the suspension, cancellation, or revocation.
• The driver has previously been cited for DWLS (without an intervening license reinstatement).
• The driver received a court order, judgment, or administrative order containing a notice that the person’s driver license was being suspended, canceled, or revoked.

Absent proof the driver personally received notice of a suspension, cancellation, or revocation through a court judgment or administrative order, the State is required to prove that knowledge of the suspension, cancellation, or revocation was provided to the driver by substitute means as authorized by statute. [2]

The Vehicle was Driven on a Florida Highway.

The prosecutor must prove the vehicle was driven on a Florida Highway. And while uncommon, there are certain roadways and areas that are not consider part of Florida’s highways. Consequently, under unique circumstance, such as being arrested in a construction zone, a gated community, or on private land, it is possible have a DWLS case dismissed if the driving was conducted solely within one of these unique areas.

Clerk of Court Election

There is a little known election available through the Clerk of Court that allows a person charged with civil or criminal DWLS to resolve their case without appearing before a judge or being convicted.

If you qualify for the Clerk of Court election, a valid, renewed, or reinstated driver license, must be presented to the Clerk of Court who is then authorized to dispose of the case outside of the normal channel of prosecution by accepting a written plea of nolo contendere and imposing minimal court costs. [3]

Importantly, a DWLS resolved with the Clerk of Court election does not count as a conviction for enhancement purposes and cannot be used by the Florida DHSMV as a predicate offense towards a five-year Habitual Traffic Offender driver license revocation. [4]

Penalties for Driving While License Suspended, Canceled, or Revoked

The Penalties for Driving While License Suspended, Canceled, or Revoked are determined by the number of times a person has previously been convicted of DWLS and the reason for the current suspension, cancellation, or revocation.

First Offense Driving While License Suspended, Canceled, or Revoked

A first offense of Driving While License Suspended, Canceled, or Revoked is a Second Degree Misdemeanor in Florida and punishable by up to sixty (60) days in jail, six (6) months of probation, and a $500 fine.

Second or Subsequent Offense Driving While License Suspended, Canceled, or Revoked

A second or subsequent offense of Driving While License Suspended, Canceled, or Revoked is a First Degree Misdemeanor in Florida and punishable by up to one (1) year in jail, one (1) year of probation, and a $1,000 fine.

Third Offense Driving While License Suspended, Canceled, or Revoked

A third offense of Driving While License Suspended, Canceled, or Revoked can be prosecuted as a felony if the underlying driver license suspension, cancellation, or revocation is a result of a DUI, refusal to submit to a DUI alcohol test, a traffic offense causing death or serious bodily injury, or fleeing or eluding.

Felony Driving While License Suspended, Canceled, or Revoked is a Third Degree Felony in Florida and is punishable by up to five (5) years in prison, five (5) years of probation, and $5,000 in fines.

Felony Driving While License Suspended, Canceled, or Revoked is assigned a Level 1 offense severity ranking under Florida’s Criminal Punishment Code. A judge must sentence a person convicted of Felony Driving While License Suspended, Canceled, or Revoked to probation, to a minimum of ten (10) days in jail but may also impose a sentence up to the statutory maximum of five (5) years in prison.

Contact Criminal Defense Attorney Richard Hornsby

If you have been arrested or charged with the crime of DWLS in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

1. Raulerson v. State, 763 So. 2d 285, 290 (Fla. 2000)
2. Stringfield v. State, 254 So. 3d 1127 (Fla. 5th DCA 2018)
3. Florida Statute 318.14(10)
4. Florida Statute 318.14(11)