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 goes beyond a simple traffic ticket. The state distinguishes between driving with a suspended license without knowledge—which is a non-criminal civil infraction—and driving with knowledge of the suspension, which is a criminal offense. Knowledge can be proven if the driver was previously cited, received a court order, or if the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) mailed a notice to the driver's address on record. Suspensions frequently 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 prior convictions. A first offense with knowledge is charged as a second-degree misdemeanor, carrying up to 60 days in jail. A second conviction is a first-degree misdemeanor, punishable by up to one year in jail. A third or subsequent offense can be prosecuted as a third-degree felony, carrying up to five years in prison. Furthermore, accumulating three DWLS convictions within a five-year window triggers a "Habitual Traffic Offender" (HTO) designation, resulting in an automatic five-year revocation of all driving privileges.
How DWLS Impacts Bail and Pretrial Release
For misdemeanor DWLS charges, defendants are often released on their own recognizance or a low standard bond. However, if a driver is arrested for felony DWLS or as a Habitual Traffic Offender, judges look closely at their driving history during first appearance. Because DWLS involves a repeated disregard for court orders and licensing laws, judges may set higher cash or surety bonds to ensure compliance, or require a bond to prevent the defendant from immediately getting back behind the wheel unlicensed.
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