Driving While License Suspended (DWLS) is one of the most misunderstood charges in Florida. What many people assume is a simple license issue can quietly turn into a criminal case—and in some situations even a felony—depending on what the State claims you knew and how your driving record is counted.
Florida Statute §322.34 governs DWLS cases. Understanding how it actually works matters because many DWLS charges are filed incorrectly or escalated unnecessarily.
How Florida License Suspensions Usually Happen
License suspensions often begin without much warning. Common reasons include:
- An unpaid traffic ticket
- A temporary insurance lapse
- A missed court date
- Mail sent to an old address
The suspension appears in the DMV system, but the driver may be unaware that their license status has changed. At this point, no criminal activity has occurred.
The Traffic Stop That Changes Everything
Most DWLS cases start with a routine stop for something minor—speeding, a broken taillight, or a rolling stop sign. The officer runs the driver’s license and sees it is canceled, suspended, or revoked (CS/R).
§322.34(1): DWLS Without Knowledge (Not a Crime)
Under Florida Statute §322.34(1), if a driver did not know their license was suspended, canceled, or revoked, the case is a civil traffic infraction, not a criminal offense.
These cases fall under Chapter 318 and are handled like regular traffic tickets:
- No arrest
- No criminal record
- No jail
This applies far more often than most people expect.
§322.34(2): DWLS With Knowledge (Criminal Charge)
DWLS becomes a criminal case under §322.34(2) only if the State proves two things:
- The license was CS/R (or under a revocation-equivalent status), and
- The driver knew about it
A first offense is typically charged as a misdemeanor. Penalties increase only if the State can prove qualifying prior convictions.
Knowledge is the fulcrum. Without it, the criminal charge should not stand.
How the State Tries to Prove Knowledge (§322.34(4))
Florida Statute §322.34(4) allows prosecutors to rely on certain records to prove knowledge, but those shortcuts do not apply in every case.
The State usually points to one or more of the following:
- A DMV or court notice that was allegedly mailed
- Court or DMV records showing a suspension or revocation with proper service
- Prior DWLS convictions
Mailing a notice, by itself, does not always prove a driver actually knew. This is especially true in some financial or insurance-related suspensions.
Florida Standard Jury Instruction 28.11 governs the standard for proving knowledge. If the State’s evidence does not meet that instruction, the case may be dismissed or reduced.
Real-Life Example: Ticket or Criminal Case
A driver misses an insurance payment during a job change. The insurer reports a lapse, and the license is suspended. The notice is mailed to an old address.
Months later, the driver is stopped for speeding and charged criminally under §322.34(2).
If the State cannot prove the driver actually knew about the suspension, the criminal charge should not survive. Many cases are resolved incorrectly simply because no one looks closely at notice and proof.
When DWLS Escalates With Prior Offenses
Once a driver has a prior DWLS conviction, prosecutors often argue that the driver must have known about later suspensions—even when the original suspension was questionable.
This is how DWLS cases quietly escalate if they are not handled carefully early on.
§322.34(5): Habitual Traffic Offender (HTO) — Felony DWLS
Driving while revoked as a Habitual Traffic Offender under §322.34(5) is a third-degree felony.
HTO status is defined by Florida Statute §322.264 and depends on:
- Specific qualifying prior offenses
- A strict five-year look-back period
- Proper counting on the official DHSMV driving record
Charging codes and offense classifications are governed by FLHSMV Appendix C (2025 revision). Errors here are common.
Real-Life Example: How a Misdemeanor Becomes a Felony
A driver accumulates several DWLS cases over the years. Some are counted incorrectly. The DMV flags the driver as an HTO.
Later, the driver is stopped for a broken taillight. The driving itself is not dangerous, but the charge is now a felony under §322.34(5).
Many felony DWLS cases fall apart when the underlying HTO calculation is reviewed properly.
§322.34(6): DWLS Involving Death or Serious Bodily Injury
Under §322.34(6), DWLS becomes a felony only if all of the following are proven:
- The driver was CS/R (or under revocation-equivalent status)
- The driver operated the vehicle carelessly or negligently
- That negligence caused death or serious bodily injury
A suspended license alone is not enough.
§322.34(7): Commercial Drivers and CMV Cases
§322.34(7) applies to drivers operating commercial motor vehicles while suspended, revoked, disqualified, or under revocation-equivalent status.
These cases often involve confusion between CDL disqualification rules and standard license suspensions. Careful review of statutes and DMV records is essential.
DMV Records and 2025 Updates
Administrative changes can matter. FLHSMV INFO 25-010, effective July 1, 2025, affects how suspensions and notices are recorded. These details can be critical when challenging whether notice was properly given.
The Withhold of Adjudication Trap
A withhold of adjudication on a DWLS charge may seem harmless, but it can still be used later to establish knowledge or count toward Habitual Traffic Offender status under §322.264, depending on DMV counting rules.
Before accepting any resolution, the full DHSMV record should be reviewed. In some cases, amending the charge to §322.34(1) or a non-predicate offense can prevent future escalation. Appendix C is an essential reference in making that decision.
Why DWLS Cases Deserve Careful Review
DWLS cases are rarely about reckless driving. They turn on notice, records, proof, and how charges are constructed. Small errors can determine whether a case remains a ticket, becomes a misdemeanor, or escalates into a felony.
DWLS Defense
Our firm defends DWLS cases under Florida Statute §322.34 throughout the state.
If you are charged with DWLS—or are unsure about your license status—early review can prevent unnecessary consequences. Reach out to our team today for a consultation.
Frequently Asked Questions About Driving While License Suspended in Florida
Is Driving While License Suspended always a crime in Florida?
No. Under Florida Statute §322.34(1), if you did not know your license was suspended, canceled, or revoked, the case should be handled as a civil traffic infraction, not a criminal charge. Criminal DWLS only applies if the State can prove knowledge.
What does the State have to prove to charge DWLS as a crime?
For a criminal charge under §322.34(2), the State must prove two things:
- Your license was canceled, suspended, or revoked (or under a revocation-equivalent status), and
- You knew about the suspension at the time you were driving
If the State cannot prove knowledge, the criminal charge should not stand.
Does mailing a suspension notice mean I “knew”?
Not automatically. Prosecutors often argue that a mailed notice proves knowledge, but mailing alone does not always satisfy the legal requirement. Address errors, returned mail, and certain types of suspensions—especially financial or insurance-related ones—can undermine the State’s proof. Florida Standard Jury Instruction 28.11 governs how knowledge must be shown.
Can prior DWLS cases be used against me?
Yes, but not always correctly. Prior DWLS convictions may be used to argue knowledge under §322.34(4). However, not every prior case qualifies, and not every suspension counts the same way. Prior cases must be reviewed carefully before they are assumed to apply.
What is a Habitual Traffic Offender (HTO)?
A Habitual Traffic Offender is defined under Florida Statute §322.264. If the DMV determines that you qualify as an HTO and you are caught driving while revoked, the charge becomes a third-degree felony under §322.34(5). These determinations depend on specific qualifying offenses within a strict five-year period and must be based on the official DHSMV driving record.
Can DWLS become a felony even if I wasn’t driving dangerously?
Yes. In HTO cases under §322.34(5), the driving behavior itself may be minor, such as a broken taillight or speeding. The felony exposure comes from license status and record history, not necessarily how you were driving. That said, HTO designations are frequently misapplied and should always be reviewed.
What if there was an accident and my license was suspended?
If an accident involves serious bodily injury or death, the State may charge a felony under §322.34(6). However, a suspended license alone is not enough. The State must also prove careless or negligent driving and that the negligence caused the injury or death.
Do different rules apply to commercial drivers?
Yes. Florida Statute §322.34(7) applies to drivers operating commercial motor vehicles while suspended, revoked, disqualified, or under revocation-equivalent status. These cases often involve confusion between CDL disqualification rules and standard license suspensions, which makes careful review especially important.
