Summary of DWLS Penalties

The criminal offense of driving with a suspended or revoked driver license can result in a civil infraction, or a criminal charge for a second degree misdemeanor, a first degree misdemeanor, or even a third degree felony. Even police officers are sometimes confused about the proper way to charge the offense at the roadside.

The penalties and punishments depend on the number of prior convictions, whether the driver is a habitual traffic offender, the reason why the driver’s license was suspended, or sometimes whether the driver has a prior “forcible felony” conviction.

The crime of “Driving While License Suspended, Revoked, Canceled, or Disqualified” (DWLS) is listed in Section 322.34(2), F.S. The crime of DWLS applies to a person whose driver license or driving privilege has been canceled, suspended, or revoked, or who does not have a driver license or driving privilege but is under suspension or revocation equivalent status as defined in s. 322.01(42), F.S., who, knowing of such cancellation, suspension, revocation, or suspension or revocation equivalent status, drives a motor vehicle upon a highway in Florida.

The penalties depend on the number of prior convictions, including:

• Second degree misdemeanor, upon a first conviction (punishable by up to 60 days in county jail and a $500 fine);
• First degree misdemeanor for a second or subsequent conviction (punishable by up to one year in county jail and a $1,000 fine);
• First degree misdemeanor for a third or subsequent specified conviction with a minimum mandatory 10 days in jail requirement;
• Third degree felony for a third or subsequent conviction (punishable by up to five years in prison and a $5,000 fine), if the current or most recent violation relates to a DWLS that resulted from a violation of:
  • Driving under the influence;
  • Refusal to submit to a urine, breath-alcohol, or blood alcohol test;
  • A traffic offense causing death or serious bodily injury; or
  • Fleeing or eluding.

A person whose third or subsequent DWLS qualifies as a third degree felony under Section 322.34(2)(c), F.S., is not subject to the minimum mandatory period of 10 days in jail that applies to a third or subsequent DWLS under s. 322.34(2)(b), F.S.

The term “suspension or revocation equivalent status” is a designation for a person who does not have a driver license or driving privilege but would qualify for suspension or revocation of his or her driver license or driving privilege if licensed.

DHSMV may designate a person as having suspension or revocation equivalent status in the same manner as it is authorized to suspend or revoke a driver license or driving privilege by law.

Attorneys for DWLS Penalties in Florida

The attorneys at Sammis Law Firm are experienced in representing clients charged with driving while license suspended or revoked. We help our clients fight for the best result which might including getting the charge dismissed outright or at least reduced to a less serious offense.

Contact us to talk with an aggressive and experienced attorney for any driving while license suspended or revoked case in Tampa or Plant City in Hillsborough County, New Port Richey or Dade City in Pasco County, or St. Petersburg or Clearwater in Pinellas County, FL.

Call 813-250-0500.

Penalties for DWLSR under Florida Law

The penalties for driving with a suspended driver’s license might depend on whether the defendant has:

• any prior convictions for a forcible felony under Florida Statute Section 776.08; and
• a current status as driving while license suspended or revoked was caused by any of the following:
  • failure to maintain vehicular insurance under Chapter 324;
  • failure to pay a civil penalty as provided in Florida Statute Section 318.15 by failing to pay following a payment plan, failure to appear, or failure to attend a driver improvement school (the four or eight hour advance driver improvement class);
  • failure to pay a financial obligation as provided in Florida Statute Section 322.245;
  • failure to pay child support; or
  • failure of a minor to attend school as provided s. 322.091.

Adjudication Withheld for DWLS

Florida law provides that if the adjudication is withheld, then the action shall not be deemed a “conviction.” However, for purposes of determining whether the driver is a habitual traffic offender, even a withhold of adjudication counts as a “conviction” for any criminal offense of DWLS with knowledge.

On the other hand, a “withhold of adjudication” on a civil traffic citation for DWLS without knowledge does not count toward the three strikes that trigger the five (5) year HTO revocation.

This article was last updated on Wednesday, May 14, 2026.