Driving While License Suspended (DWLS)

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What is more important to your daily life than your driver’s license? It allows you to drive to your school, work, medical appointments, social events, and more. In the state of Florida, your license can be suspended for various reasons including failure to pay a traffic fine, failure to attend a court appearance, failure to pay child support, failure to obtain insurance, drug convictions, DUI convictions, breath test refusals, and more.

If your license is suspended, and you drive your vehicle, you could be charged with a misdemeanor or felony crime. Possible consequences include probation or incarceration. In addition, a conviction for DWLS could potential qualify you as a habitual traffic offender, resulting in a five-year license suspension.

Contact Hubbs Law Firm at (305) 570-4802 to discuss your suspended license issues with our Miami traffic ticket attorneys today. Your initial consultation is free.

What to Do if You Are Charged With DWLS Without Knowledge in Florida

If you are charged with driving while license suspended (DWLS) without knowledge, then you most likely do not need to worry about any criminal consequences. Driving while license suspended without knowledge is a civil infraction. The maximum penalty is simply a small fine. However, if you are charged with DWLS, you should not pay the fine. Paying the fine or receiving an adjudication of guilt will result in you getting points on your license.

Even worse, it could result in your license being suspended for five years as a habitual traffic offender if this is your third qualifying offense within a five-year period. A withhold of adjudication or a dismissal is the best way to keep points off your license and to prevent any license suspension. At a trial, the state of Florida would be required to prove that you were driving a vehicle and your license was suspended. They do not need to prove that you knew your license was suspended.

DWLS With Knowledge Defined by Florida Statute §322.34

In contrast, driving while a license is suspended with knowledge (DWLS) is a criminal offense. If you were arrested or cited for this charge, it is important you contact an experienced criminal defense attorney to have your case evaluated.

The penalties for DWLS with knowledge vary depending upon the facts of the case and your prior record. Generally, a first offense for DWLS with knowledge is a second-degree misdemeanor punishable by up to 60 days in jail and/or a $500 fine.

A second conviction can be classified as a first-degree misdemeanor punishable by up to 364 days in jail and/or a $1,000 fine. Finally, a third or subsequent conviction, or DWLS as a habitual traffic offender, can be classified as a third-degree felony punishable by up to 5 years in prison and a $5,000 fine.

To prove you are guilty of DWLS with knowledge, the State must prove the following:

• You were driving a vehicle
• Your license was suspended, canceled, or revoked
• You had knowledge of the license suspension

Generally, the toughest element for the State to prove is knowledge of the suspension. However, under Florida Statute 322.34, the State can prove this element by proving the following:

• A prior citation was issued for DWLS
• You admitted you had knowledge of the suspension
• You received notice of the suspension pursuant to Florida law