Suspended License

Driving with a Suspended or Revoked Driver's License is a significant criminal crime in Florida. Too frequently, unrepresented Florida drivers plead guilty to Suspended License charges without fully understanding the long-term repercussions for their driving privileges and criminal record. Here's what you should know.

Reasons For Driver's License Suspension in Florida

The Department of Highway Safety and Motor Vehicles can suspend a Florida driver's license for various reasons. The following are some common examples:

Points Suspensions

If a driver is convicted of any moving traffic offense in Florida, points are added to their license. A license might be suspended if you have 12 or more points on your driving record in a year. If the driver accumulates 12 points in a year and a half, the license will be suspended for 30 days, 3 months if 18 points are accumulated in a year and a half, and one year if 24 points are accumulated in three years. That is one of the reasons it is critical to have an experienced traffic ticket lawyer represent you in court. You will receive no points if the case is dismissed or if you are found not guilty. Even if you are found guilty, the court will normally "withhold adjudication" if you seek it.

DUI Arrest Or Conviction

DUI is a serious offense that will not only reflect on your driver's license but will also result in the suspension of your license if you are convicted. The length of the suspension will vary depending on the severity of the offense. If you have previously committed the violation, your license will be suspended for an extended period, if not permanently.

Refusing The Breath Test

If you are pulled over for DUI, refusing to take a breath test or taking a test that results in an illegal breath alcohol limit will result in a license suspension.

Driving Without License

Driving without a license is a serious offense, as is driving while your license is suspended. In both circumstances, the punishments are severe. Driving while your license is suspended may result in an extra suspension as well as jail time. Depending on the sort of violation and the circumstances, a driver with a suspended license could face up to five years in prison.

Driving Without Insurance

This is another instance in which your driver's license may be suspended. It is mandatory to have your vehicle properly insured and have valid auto insurance when driving; otherwise, your license may be suspended for some time.

Other Offenses

  • Child support delinquency
  • Habitual Traffic Offender classification
  • Failure to pay fines, court judgments, or court costs
  • Failure to appear in court
  • Failure to maintain continuous insurance
  • Drug-related convictions
  • Plea to racing on highways charge
  • Petit theft convictions
  • DUI Refusal
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) will suspend your license for a period determined by the gravity of the offense.

Penalties For Driving With Suspended License

Suppose you are charged with driving after suspension or revocation in Florida. In that case, the sort of offense you face may be determined by your prior convictions for driving after suspension or revocation. The following are true in many, but not all, cases:

First Offense

Your first offense could be a second-degree misdemeanor, punishable by a $500 fine and up to 60 days in jail.

Second Offense

Your second conviction might be classified as a first-degree misdemeanor, punishable by a $1,000 fine and up to a year in jail.

Third or Subsequent Offense

Your third or subsequent conviction could result in a third-degree felony, punishable by a $5,000 fine and up to five years in prison. If your license is revoked because the state of Florida deems you a habitual offender, you could face a third-degree felony penalty for driving while your license is revoked. The maximum penalties for a third-degree felony (or other punishments) listed above may apply. Suppose you obtain a third driving offense while your license is suspended in Florida within five years. In that case, you will be designated as a Habitual Traffic Offender, which can result in a five-year revocation of your driver's license. If your license has been revoked and designated a Habitual Traffic Offender, you cannot apply for a new hardship license within the first year of a recent offense. In rare cases, driving with a suspended or revoked license can result in vehicle impoundment.

The Florida Points System

The majority of traffic offenses are based on a point system. You will receive points on your license if you are pulled over and ticketed for violations such as speeding, passing a school bus, or texting while driving. If you accumulate too many points in a short period, your license may be suspended. The length of your suspension is determined by the number of points you have accumulated:
  • 12 points within 12 months: 30-day suspension
  • 18 points within 18 months: One-month suspension
  • 24 points within three years: One-year suspension

DUI Driver License Suspensions

As a result of your DUI arrest, your driver's license is subject to two separate suspensions, and you must understand the distinctions between the two.

Florida DHSMV Administrative Suspension

The initial Driver's License suspension you face is called an Administrative Suspension, and it is enforced by the Department of Highway Safety and Motor Vehicles. This suspension will be given if you either follow your DUI arrest.
  • Refused to take a breathalyzer, urine test, blood test, or
  • You were given a breathalyzer, urine test, or blood test, and your blood alcohol level was discovered to be 0.08 or greater.
If you refused to take a BAC/BAL test or your BAC/BAL was higher than.08, your driver's license will be suspended for 6 months, 1 year, or 18 months from the date of your arrest. If your license is suspended for either of these reasons, you will be awarded a temporary driving permit that will expire at midnight on the 10th day after your arrest.

Criminal Suspension

As previously stated, a DUI arrest carries two suspensions: the Administrative Suspension issued by the Florida DHSMV and the Criminal Suspension imposed by the court. Unfortunately, if you are convicted of DUI, you will face a secondary and mandatory suspension beginning on the date of your conviction. In addition, if you received a hardship driver's license, the judge will seize it.

Criminal Suspension Periods

If you were convicted of DUI, you would face the following criminal suspension periods, depending on the severity of the offense. Following that are the eligibility conditions for a hardship license if you have a criminal suspension.
  • First Offense: The revocation period is 180 days, with a maximum of one year.
  • Second Conviction Within 5 Years: Revocation for a minimum of 5 years. After one year, you may be eligible for hardship reinstatement. The other second offenders are the same as the first.
  • Third Conviction Outside of Ten Years: If the two previous DUI convictions occurred more than ten years before the current conviction, the suspension is only one year. If one of the DUI convictions occurred within 5 years of the current DUI conviction, the suspension would be 5 years.
  • Third Conviction Within Ten Years: Revocation for a minimum of ten years. After two years, you may be eligible for hardship reinstatement.
  • Murder with a Motor Vehicle (Fourth Conviction, Regardless of When Prior Convictions Occurred): Mandatory permanent revocation. There is no hardship reinstatement.
  • DUI Manslaughter: Permanent revocation is mandatory. If there have been no previous DUI-related convictions, you may be eligible for hardship reinstatement after 5 years.

Driving With Suspended License Defenses

Numerous defenses and techniques are available to help you beat a suspended license accusation or reduce potential fines. Typical examples include:
  • Legal challenges to the traffic stop's legality; for more information on this topic, see our Florida Suspended License Traffic Stop web page.
  • The accused did not have a driver's license;
  • The accused was unaware of any suspension, cancellation, or revocation.
  • The accused was not operating a vehicle on a public highway.
  • The vehicle is not a "motor vehicle for the driver's license statute."
  • The accused's Florida driver's license had been reinstated, or there was sufficient reason to assume it had been reinstated;
  • Vacating earlier convictions for Driving with a Suspended License to win the State's permission to change the charge to No Valid Driver's License.

How To Get Your Hardship License In Florida

You may be qualified for a Florida Hardship License while your license is suspended. You will be able to drive for school-related activities or businesses with this limited license. If you have a clean driving record and were convicted of a first-time DUI, the Florida Hardship License may be a possible alternative for you while you wait out your suspension period. Contact the area Bureau of Administrative Reviews to see if you can apply for a hardship license. To obtain a hardship license in Florida, you must first:

Step 1

Enroll in Driving Under the Influence School or the 12-hour Florida ADI course to receive your free enrollment confirmation letter. If your license has been suspended due to a DUI, you must attend Driving Under the Influence School. Everyone else must complete the ADI course. You need to be registered when you apply for a hardship license, but you must finish the course within 90 days of enrolling.

Step 2

The county clerk's office can provide you with your 30-day driving record. This must be submitted along with the application.

Step 3

Fill out form HSMV 78306 to request a hardship hearing so that your application for a hardship license can be examined.

Step 4

Bring your enrollment verification letter, 30-day driving record, application, and two forms of identification. To apply, go to the local Administrative Reviews Office.

Step 5

Pay the applicable costs so that your application can be handled. This includes a $12 filing cost for a hardship hearing and a $45 reinstatement fee for license suspensions.

Step 6

Wait for the hearing officer assigned to your case to contact you. The hearing officer will be in charge of assessing your request, arranging the hearing over the phone or in person, and determining whether you qualify for a hardship license.

Step 7

If you are found to be eligible, apply for a hardship license. As soon as the hearing is over, you'll know whether you'll be eligible to obtain a hardship license and resume driving.