Last updated December 2025
Being labeled a Habitual Traffic Offender (HTO) in Florida is one of the harshest penalties the DMV can impose.
Once you are classified as an HTO, the state revokes your driver’s license for five years, and driving during that period becomes a third-degree felony.
HTO designations are surprisingly common in Broward and Miami-Dade — and many drivers don’t realize they’re about to be classified until it’s too late. Fortunately, a knowledgeable defense attorney can often prevent, reverse, or fight HTO status.
Here’s what you need to know.
⚖️ What Is a Habitual Traffic Offender in Florida?
Under Fla. Stat. § 322.264, a driver becomes an HTO if they accumulate three or more qualifying offenses within a five-year period.
Qualifying offenses include:
DUI convictions
Driving While License Suspended (DWLS) with knowledge
Vehicular homicide
Leaving the scene of a crash involving injuries
Driving with no valid license (certain situations)
Any felony involving a motor vehicle
Three or more serious moving violations
Once these offenses stack, the DMV is required to impose the HTO designation.
This often arises in cases involving DWLS, DUI, and criminal speeding, which frequently overlap.
🚫 The Consequences of HTO Status
If you are classified as a Habitual Traffic Offender in Florida, the penalties include:
🔻 Five-Year License Revocation
No driving, no exceptions — unless you later qualify for a hardship license.
🔻 Felony Charges for Driving While HTO
Driving as an HTO is a third-degree felony punishable by:
Up to 5 years in prison
Up to 5 years probation
Felony fines
This is far more serious than standard DWLS.
🔻 Insurance Impact
Insurance rates spike and remain high for years.
🔻 Employment Consequences
Jobs requiring any driving (delivery, sales, trade work) are immediately affected.
🔻 Permanent Record Issues
Felony DWLS-HTO convictions may never be sealed or expunged unless reduced.
HTO status is one of the most severe administrative penalties in Florida traffic law.
🧾 How Does Someone Become an HTO?
The most common pathways include:
✔ Three DWLS (with knowledge) convictions
Many people accidentally plead guilty to DWLS citations — suddenly they hit their third offense.
✔ One DUI + Two DWLS
A common combination that triggers HTO.
✔ Leaving the Scene of a Crash
Especially if an injury is involved.
✔ Felony involving a vehicle
Such as fleeing or eluding.
✔ Three Major Moving Violations
Depending on severity and timing.
The stacking effect is why reviewing your driver’s history is critical.
🛡️ How to Fight or Reverse HTO Status
At Michael White, P.A., we regularly defend HTO designations using:
✔ Vacating Prior Convictions
If a prior DWLS plea was invalid — no lawyer, no knowing plea — we can often vacate it.
✔ Converting DWLS to Civil Infractions
Convincing the judge or prosecutor to reduce a prior criminal DWLS to a no valid DL or civil infraction can eliminate an HTO trigger.
✔ Challenging the Stop That Led to DWLS
If the stop was illegal, the conviction causing the HTO designation can be undone — similar to the strategies used in motion to suppress hearings.
✔ Applying for a Hardship License (Limited Eligibility)
After 12 months, you may qualify for limited reinstatement.
✔ Correcting DMV Errors
Clerical mistakes or miscounted convictions are more common than you’d think.
🚨 Speak With a Fort Lauderdale Criminal Defense Lawyer Today
HTO status can destroy your ability to work, commute, and support your family.
If you’ve received an HTO notice — or believe you’re at risk — contact Michael White, P.A. today.
We may be able to reverse the designation, reduce prior offenses, or restore limited driving privileges.
❓ FAQs — Habitual Traffic Offender in Florida
1. How do I know if I’m a Habitual Traffic Offender?
You’ll receive a revocation notice from the DMV, or your attorney can pull your driving record.
2. Can I get a hardship license during the HTO revocation?
Possibly — after 12 months and if you meet eligibility criteria.
3. Can I fight or undo HTO status?
Yes. Prior convictions can often be vacated, reduced, or corrected.
4. Is driving while HTO a felony?
Yes — it is a third-degree felony.
5. Can I go to jail for DWLS-HTO?
Yes. Felony penalties include up to 5 years in prison.