Category: Traffic Offenses · Statute: F.S. 322.34 · Source: Florida Legislature
Understanding Driving with Suspended License (DWLS) in Florida
In Florida, Driving with a Suspended License (DWLS) under Florida Statute Section 322.34 is a serious traffic offense that hinges on the element of "knowledge." If a motorist operates a vehicle without knowing their license is suspended, it is treated as a non-criminal traffic infraction. However, if the driver is aware of the suspension—which can be proven by a prior citation, a admission of knowledge, or a sent notice from the Department of Highway Safety and Motor Vehicles (FLHSMV)—it becomes a criminal offense. Suspensions commonly stem from unpaid traffic tickets, failure to maintain auto insurance, child support delinquency, or points accumulation.
The penalties for criminal DWLS escalate rapidly based on the driver's prior record. A first offense with knowledge is charged as a second-degree misdemeanor, carrying up to 60 days in jail. A second conviction increases the charge to a first-degree misdemeanor. By the third offense, the state can elevate the charge to a third-degree felony, which carries a potential penalty of up to five years in state prison. Furthermore, three DWLS convictions within a five-year window will trigger a Habitual Traffic Offender (HTO) designation, resulting in an automatic five-year revocation of all driving privileges.
DWLS Bail and Pretrial Release in Florida
For misdemeanor DWLS charges, defendants are often released on their own recognizance (ROR) or via a standard bond schedule at the jail. However, if a driver is arrested for felony DWLS or as a Habitual Traffic Offender, they face stricter pretrial conditions. Judges at first appearance may set a monetary bail bond to ensure compliance, particularly if the defendant has a history of failing to appear in court or continuing to drive while suspended. Securing a bail bond allows the defendant to resolve their underlying licensing issues while out of custody.