DWLSR vs No Valid License: One Means Jail, One Means a Fine
Both charges involve driving without proper authorization. But the legal consequences couldn't be more different. Driving While License Suspended or Revoked (DWLSR) is a criminal offense that can land you in jail. No Valid Driver License (NVDL) is a civil infraction with fines only. Knowing which charge you face is the first step in defending yourself.
The Critical Difference at a Glance
| Factor | DWLSR (F.S. 322.34) | No Valid License (F.S. 322.03) |
|---|---|---|
| Type of Offense | CRIMINAL | CIVIL |
| Jail Possible? | Yes - up to 5 years for felony | No |
| Criminal Record? | Yes | No |
| Background Check | Shows up | Doesn't show |
| Employment Impact | Significant | Minimal |
| Can Often Be Dismissed By... | Defense strategy, lack of knowledge | Obtaining valid license before court |
DWLSR: The Criminal Charge (F.S. 322.34)
Driving While License Suspended or Revoked is prosecuted as a criminal offense. The state must prove three elements:
- You were driving a motor vehicle
- Your license was suspended, revoked, or cancelled
- You knew (or should have known) your license was suspended
Penalties Escalate With Each Offense
| Offense | Classification | Max Jail | Max Fine |
|---|---|---|---|
| First Offense | 2nd Degree Misdemeanor | 60 days | $500 |
| Second Offense | 1st Degree Misdemeanor | 1 year | $1,000 |
| Third+ Offense | 3rd Degree Felony | 5 years | $5,000 |
| Habitual (3 in 5 years) | 3rd Degree Felony | 5 years | $5,000 |
Common Reasons for License Suspension
Many people don't even know their license is suspended. Common causes include:
- Unpaid traffic tickets - Miss a payment, lose your license
- Failure to appear in court - Skip a court date, automatic suspension
- DUI conviction - Mandatory suspension periods
- Child support arrearage - DMV suspends for non-payment
- Drug conviction - Even non-driving drug offenses trigger suspension
- Too many points - 12+ points in 12 months = 30-day suspension
- Insurance lapse - Proof of insurance not on file with DMV
No Valid Driver License: The Civil Infraction (F.S. 322.03)
No Valid Driver License is much less serious. It typically means:
- You never obtained a license
- Your license expired
- You moved to Florida and didn't transfer your out-of-state license within 30 days
Often Dismissible
In many cases, obtaining a valid Florida driver's license before your court date can result in the charge being dismissed. The court wants you to get legal - if you do, they often drop the case.
Defenses to DWLSR
Because DWLSR requires knowledge of the suspension, several defenses are available:
No Knowledge
If you didn't receive notice of the suspension (wrong address, never served), you may not have the required knowledge element.
Invalid Suspension
If the underlying reason for suspension was improper (wrong ticket, already paid), the suspension itself may be invalid.
Business Purpose Exception
F.S. 322.34(2)(c) provides a limited exception for driving for business purposes if you have a valid business purpose hardship license.
License Was Reinstated
DMV records sometimes lag. If your license was actually reinstated before the stop, you weren't suspended.
Why This Matters
The difference between these charges affects every aspect of your life:
- Employment: Criminal convictions show on background checks. Many employers won't hire with DWLSR on record.
- Professional licensing: Nurses, teachers, real estate agents - all can be affected by criminal traffic convictions.
- Insurance: DWLSR convictions dramatically increase insurance rates.
- Immigration: For non-citizens, criminal convictions can affect status.
- Housing: Landlords run background checks too.
Check Your License Status
You can check your Florida driver's license status online at the Florida DHSMV website. If you discover your license is suspended, address it immediately - before you get pulled over.
The Bottom Line
If you're charged with a license-related offense, the first question is: Is it DWLSR or No Valid License? The answer determines whether you're facing a civil fine or a criminal record. If it's DWLSR, you need a criminal defense attorney - not just to fight the charge, but to protect your future.
Facing a License Charge? Know What You're Up Against.
DWLSR is a criminal offense that requires a real defense. Get a free consultation to understand your charge and your options.
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Need Legal Help?
If you're facing criminal charges in Central Florida, an experienced defense attorney can make the difference. Get a free consultation to discuss your case.
Contact Lotter Law at 407-500-7000 for a free consultation.
Jeff Lotter
Criminal Defense Attorney | Former State Trooper
Jeff Lotter is an Orlando criminal defense attorney and former Florida Highway Patrol trooper. He uses his law enforcement background to build stronger defenses for clients facing criminal charges.