Last updated November 2025
Driving with a suspended license in Florida can turn a minor issue into a criminal charge with long-term consequences. Many people in Fort Lauderdale and Broward County donβt realize that DWLS (Driving While License Suspended) can lead to jail, probation, increased insurance rates, and even habitual traffic offender (HTO) status that triggers a five-year revocation.
Whether your license was suspended for unpaid tickets, DUI, points, or something else, understanding the difference between civil and criminal DWLS is key to protecting yourself.
Here’s what actually happens when you’re caught driving on a suspended license in Florida β and how an attorney can help.
βοΈ Civil vs. Criminal DWLS in Florida
Florida has two forms of driving while suspended:
1. Civil DWLS (No Knowledge) – § 322.34(1)
This applies when the State cannot prove you knew your license was suspended.
Penalties include:
Civil fine
No jail
Points on your license
Many people fall into this category if their license was suspended for unpaid tolls, insurance lapses, or unnoticed mail from the DMV.
2. Criminal DWLS (With Knowledge) – § 322.34(2)
This is a misdemeanor, and the penalties are more serious — often overlapping with evidence or “knowledge” issues we also see in DUI cases:
Up to 60 days in jail for a first offense
Up to 1 year for repeat offenses
Probation
Fines
Additional suspensions
If the officer or DMV previously served notice of suspension, the State will argue you had “knowledge.” This is often a point of litigation and can be attacked — much like the knowledge elements we challenge in DUI cases and certain suppressible detentions.
π¨ When DWLS Becomes a Felony (HTO)
If you accumulate three or more qualifying driving offenses within five years, Florida can label you a Habitual Traffic Offender (HTO) under § 322.264.
Driving as an HTO becomes a third-degree felony, punishable by:
Up to 5 years in prison
5-year license revocation
Felony record
HTO status can be triggered by a mix of offenses including DUI, felony possession of a vehicle, fleeing and eluding, and DWLS convictions.
Your habitual traffic offender topic will connect strongly with the dedicated HTO post later in your calendar.
π What Actually Happens When You’re Pulled Over
When stopped, the officer will run your license and see the suspension immediately. Depending on the type of suspension and your record:
You may receive a civil citation
You may be arrested for criminal DWLS
Your vehicle may be towed
You may receive multiple charges (DWLS + insurance lapse + expired registration + tag violations)
In some cases, police improperly escalate traffic stops — just like unlawful extensions we challenge in motion to suppress hearings.
π§Ύ Common Reasons for License Suspensions
Failure to pay traffic tickets
Failure to appear in court
Insurance cancellation
DUI or refusal to submit to testing
Points suspensions
Child support delinquency
Toll violations
Failure to maintain driving school requirements
Each category has different reinstatement steps. Some suspensions can be cleared the same day, which helps drastically with negotiations.
π‘οΈ Defenses to Driving While License Suspended
At Michael White, P.A., we defend DWLS cases using strategies such as:
β Challenging “Knowledge”
We examine DMV mailings, address changes, prior citations, and officer testimony to show you did not know about the suspension — an issue that overlaps with proof problems commonly seen in drug cases.
β Invalid Traffic Stop
Many DWLS cases involve questionable stops, such as running a tag for no reason or extending the stop unlawfully. These can lead to suppression of evidence.
β License Reinstatement
If you can reinstate your license quickly, the State often agrees to reduce the charge to a civil infraction or drop the criminal count.
β Negotiating Reductions
First-time offenders can often receive:
Withhold of adjudication
Court-ordered reinstatement
Reduced fines
We use similar approaches in reckless driving and criminal speeding cases when negotiating reductions.
π¨ Get Legal Help Before Things Get Worse
A DWLS charge can lead to jail, probation, or a criminal record unless handled correctly — even when you’re eligible for a withhold of adjudication.
Contact Michael White, P.A. to protect your future, reduce penalties, and work toward reinstating your license.
β FAQs — Driving on a Suspended License in Florida
1. Is driving on a suspended license a crime in Florida?
Yes — if the State can prove you knew your license was suspended, it becomes a criminal traffic offense.
2. Can I go to jail for DWLS?
Yes. Criminal DWLS carries possible jail time, especially for repeat offenders or HTO cases.
3. Will this go on my criminal record?
If convicted, yes. However, many cases result in a withhold of adjudication.
4. Can I reinstate my license before court?
In many cases, yes — and doing so can significantly help your outcome.
5. What is a Habitual Traffic Offender (HTO)?
An HTO is someone with three or more serious driving convictions in five years. Driving as an HTO is a felony.