How long do you go to jail for a suspended license in Florida?

Driving with a suspended license in Florida is a criminal offense. Depending on the reasons for the suspension and whether you have had prior charges of driving with a suspended license, the charge may be either a misdemeanor or a felony.

Unfortunately, many Florida drivers do not realize the seriousness of a charge of driving with a suspended license. They do not take the charges seriously, do not hire an experienced Florida criminal defense attorney, and plead guilty to the charge of driving with a suspended license without being fully aware of the long-term consequences for their driving privileges and their criminal record.

What are the Penalties for Driving with a Suspended License in Florida?

Under Florida Statute §322.34, a first offense for driving with a suspended license can result in up to 60 days of jail time and a fine of up to $500.

A second offense can be charged as a first-degree misdemeanor with penalties of up to 1 year in jail.

A third offense can result in felony charges, with penalties of up to 5 years in prison and a maximum fine of $5,000.

Even if you are convicted of driving with a suspended driver’s license, in most cases you can apply for a hardship license, which would grant you limited driving privileges to travel to work and school during the period of suspension.

If you receive a third charge of driving with a suspended license in Florida within a five-year period you will be labeled as a Habitual Traffic Offender, which can result in a 5-year revocation of your driver’s license. If your license is revoked and you are labelled a Habitual Traffic Offender you cannot apply for a hardship license within the first year after the most recent conviction.

Why Your Florida Driver’s License Might Be Suspended?

Your Florida driver’s license might have been suspended for any number of reasons, including:

• Points suspensions
• Child support delinquency
• DUI arrest or conviction
• Classification as a Habitual Traffic Offender
• Failure to pay fines, court judgments, or court costs
• Failure to appear in court
• Failure to maintain continuous car insurance
• Drug related convictions
• Conviction for racing on a highway
• Petit theft conviction
• DUI refusal

Should I Hire a Lawyer if I was Charged for Driving with a Suspended License?

If you were charged with driving with a suspended license, you have options.

In the best-case scenario, a Florida criminal defense lawyer might be able to have your case thrown out.

Otherwise, a skilled and experienced Florida criminal defense lawyer may be able to minimize the penalties associated with a conviction for driving with a suspended license.

For example, a Florida criminal defense lawyer could argue that:

• The traffic stop was invalid
• You were not actually driving
• You did not know that your license was under suspension
• You were not driving on a public highway
• The vehicle was not a “motor vehicle” under the driver’s license statute
• Your driver’s license had been reinstated or you had reason to believe it had been reinstated

Even if you do not have any of these defenses available, a skilled and experienced Florida criminal defense lawyer may still be able to negotiate with the prosecutor to have the charge amended to Driving Without a Valid License, or to a civil infraction such as failure to display your driver’s license.

By hiring a criminal defense attorney who can work with the prosecutor to amend the charges against you, you have a better chance of reducing the penalties to avoid jail time, probation, fines, and further suspension of your license.

Charged for Driving with a Suspended License in Florida? The Law Office of Jody L. Fisher Can Help

If you have been charged for driving with a suspended license in Florida, a skilled and experienced Florida criminal defense attorney can can help.

As a former prosecutor, I know how the system works, and can use my skill and experience to help reduce the charges against you, or even have your DUI case dismissed.

Based in Leesburg, the Law Office of Jody L. Fisher defends people throughout central-Florida who are facing charges of driving with a suspended license. Contact me today by calling (352) 503-4111, email, or complete our online form.

People Do Go To Jail For Driving On A Suspended License In Florida

A first offense for knowingly driving with a suspended license is a second degree misdemeanor punishable by up to 60 days in jail, 6 months probation and a $500 fine.  A second offense for knowingly driving with a suspended license is a first degree misdemeanor punishable by up to 1 year in jail, 1 year on probation and a $1,000 fine.  A third or subsequent offense for driving with a suspended license is a third degree felony punishable by up to 5 years in prison, 5 years probation and a $5,000 fine.

Habitual Traffic Offender

If you get 3 driving while license suspended convictions within a five year period the Florida Department Of Highway Safety And Motor Vehicles(DHSMV) will classify you as a habitual traffic offender and, consequently, will revoke your driving privilege for 5 years.  So basically 3 strikes in 5 years and you sit the bench for 5 years in the driving game.  You cannot even apply for a hearing for a hardship license for 1 year and just because you apply for a hardship license after 1 year does not mean DHSMV is going to give it to you.  So no driving for at least 1 year and then maybe DHSMV will allow you to drive for the next 4 years for business or employment purposes only.

Business Purposes Only License

A driving privilege restricted to “business purposes only” means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.  A driving privilege restricted to “employment purposes only” means a driving privilege that is limited to driving to and from work and any necessary on-the-job driving required by an employer or occupation.

Arrest Not Required

The officer does not have to arrest you and take you to jail for driving with a suspended license.  An officer can just issue you a citation to appear in court but even though you were not arrested and taken to jail this is still a criminal charge and all the above-mentioned information still applies so you can still go to jail or prison when you appear in court to answer to the knowingly driving with a suspended license charge.

Knowledge Of The License Suspension

If the officer believes that you did not know your license was suspended then the officer will not arrest you and take you to jail and instead will give you a ticket for unknowingly driving with a suspended license which is a civil infraction.  It is important to know that a conviction for unknowingly driving with a suspended license still counts as a strike towards being classified as a habitual traffic offender and losing your license for 5 years.

Driving With A Suspended License Lawyer

If you have been charged with driving with a suspended license please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss your case.  Chris is a former driving with a suspended license prosecutor who has been defending people charged with driving with a suspended license for over 20 years.  If driving is important to you then put his knowledge and experience to work protecting your driver’s license and your record.

Beating Driving With Suspended License Charges

Driving with a suspended license charges can be beaten in court for many reasons.  Chris has beaten them for many clients and he may be able to beat them for you.  Call 407-740-8300 for a free consultation.