Florida criminal charge
Driving while license suspended, revoked, canceled, or disqualified in Florida
Driving while license suspended, revoked, canceled, or disqualified is a criminal offense under Florida law, defined by Fla. Stat. § 322.34. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 322.34.
How is driving while license suspended, revoked, canceled, or disqualified classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First conviction — knowing driving while suspended/revoked | Misdemeanor of the Second Degree | Applies to a person who, knowing of the cancellation, suspension, or revocation of their license, drives a motor vehicle while such license or privilege is canceled, suspended, or revoked, upon a first conviction. | Fla. Stat. § 322.34(2)(a) |
| Second or subsequent conviction — knowing driving while suspended/revoked | Misdemeanor of the First Degree | Applies upon a second or subsequent conviction for knowingly driving while license is canceled, suspended, or revoked, except as provided in (2)(c). | Fla. Stat. § 322.34(2)(b)1. |
| Third or subsequent conviction related to DUI, refusal, death/injury, or fleeing | Felony of the Third Degree | Applies upon a third or subsequent conviction where the current or most recent prior violation relates to a suspension/revocation stemming from DUI, chemical test refusal, a traffic offense causing death or serious injury, or fleeing/eluding. | Fla. Stat. § 322.34(2)(c) |
| Habitual traffic offender driving | Felony of the Third Degree | Applies to a person designated a habitual traffic offender under s. 322.264 who drives a motor vehicle upon the highways while so designated. | Fla. Stat. § 322.34(5) |
| Careless/negligent driving causing death or serious injury while unlicensed or suspended | Felony of the Third Degree | Applies to a person who drives without a required license or while license is canceled, suspended, or revoked under specified statutes, and by careless or negligent operation causes death or serious bodily injury to another. | Fla. Stat. § 322.34(6) |
| Commercial motor vehicle driving — first conviction | Misdemeanor of the First Degree | Applies to a first conviction for driving a commercial motor vehicle while license or privilege is canceled, suspended, revoked, or disqualified, or under suspension/revocation equivalent status. | Fla. Stat. § 322.34(7)(a) |
| Commercial motor vehicle driving — second or subsequent conviction | Felony of the Third Degree | Applies to a second or subsequent conviction for driving a commercial motor vehicle while license or privilege is canceled, suspended, revoked, or disqualified, or under suspension/revocation equivalent status. | Fla. Stat. § 322.34(7)(b) |
| First conviction — suspension for child support, financial obligation, civil penalty, financial responsibility, minor attendance, or related habitual offender status | Misdemeanor of the Second Degree | Applies upon a first conviction for knowingly driving while license is suspended, revoked, or canceled for failing to pay child support, other financial obligations, civil penalties, financial responsibility, minor attendance requirements, or related habitual offender status, absent a prior forcible felony conviction. | Fla. Stat. § 322.34(10)(b)1. |
| Second or subsequent conviction — suspension for child support, financial obligation, civil penalty, financial responsibility, minor attendance, or related habitual offender status | Misdemeanor of the First Degree | Applies upon a second or subsequent conviction for the same offense of knowingly driving while license is suspended, revoked, or canceled for the underlying violations listed in (10)(a), absent a prior forcible felony conviction. | Fla. Stat. § 322.34(10)(b)2. |
Common questions about driving while license suspended, revoked, canceled, or disqualified in Florida
Is driving while license suspended, revoked, canceled, or disqualified a felony or a misdemeanor in Florida?
It depends on the circumstances: driving while license suspended, revoked, canceled, or disqualified ranges from a Misdemeanor of the Second Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 322.34.
First conviction — knowing driving while suspended/revoked: Misdemeanor of the Second Degree (Fla. Stat. § 322.34(2)(a)) · Second or subsequent conviction — knowing driving while suspended/revoked: Misdemeanor of the First Degree (Fla. Stat. § 322.34(2)(b)1.) · Third or subsequent conviction related to DUI, refusal, death/injury, or fleeing: Felony of the Third Degree (Fla. Stat. § 322.34(2)(c)) · Habitual traffic offender driving: Felony of the Third Degree (Fla. Stat. § 322.34(5)) · Careless/negligent driving causing death or serious injury while unlicensed or suspended: Felony of the Third Degree (Fla. Stat. § 322.34(6)) · Commercial motor vehicle driving — first conviction: Misdemeanor of the First Degree (Fla. Stat. § 322.34(7)(a)) · Commercial motor vehicle driving — second or subsequent conviction: Felony of the Third Degree (Fla. Stat. § 322.34(7)(b)) · First conviction — suspension for child support, financial obligation, civil penalty, financial responsibility, minor attendance, or related habitual offender status: Misdemeanor of the Second Degree (Fla. Stat. § 322.34(10)(b)1.) · Second or subsequent conviction — suspension for child support, financial obligation, civil penalty, financial responsibility, minor attendance, or related habitual offender status: Misdemeanor of the First Degree (Fla. Stat. § 322.34(10)(b)2.)
Which Florida statute covers driving while license suspended, revoked, canceled, or disqualified?
Driving while license suspended, revoked, canceled, or disqualified is governed by Fla. Stat. § 322.34 (Driving while license suspended, revoked, canceled, or disqualified).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.