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Driving with a Suspended License – Florida Statute 322.34

Florida Statute 322.34 makes it a crime for a person to drive knowing that their license is suspended or revoked. In this article, we look at common reasons why licenses are suspended in Florida and discuss the charge of Driving with License Suspended or Revoked (DWLSR).

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

Common Reasons for License Suspension

  • Not paying a traffic ticket
  • Not completing Driver Improvement School
  • Not paying child support
  • Not having auto insurance
  • Accumulating too many points on your license
  • Being convicted of DUI
  • Being convicted of a drug offense

Criminal vs. Civil Infraction

A driver commits a criminal traffic infraction if they drive knowing their license is suspended (K-DWLSR). If the driver unknowingly drives with a suspended license, it is a civil traffic infraction with no jail exposure.

Penalties for K-DWLSR

  • First offense: Second-degree misdemeanor — up to 60 days jail, $500 fine
  • Second offense: First-degree misdemeanor — up to 364 days jail, $1,000 fine
  • Third or subsequent: Third-degree felony — up to 5 years in state prison (but see § 322.34(10) exception for non-forcible-felony defendants)

Important: Prior DWLSR convictions from before October 1, 1997 cannot be used to elevate the charge.

Call 863-774-4556 for a free consultation with Board Certified Criminal Trial Lawyer Tonmiel Rodriguez. Hablamos Español.

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