Navigating Florida Driver's License Issues?
Protect Your Driving Privileges from Suspension, Revocation & HTO Status
Experienced Defense for DWLS/R, HTO, NVDL & Traffic Offenses
Request a Free ConsultationCommon Florida Driver's License Offenses
Driving While License Suspended/Revoked (DWLS/R)
Operating a vehicle after your license has been suspended or revoked (FL Stat. 322.34).
- Without Knowledge: Civil infraction (ticket), but can still count towards HTO status.
- With Knowledge: Criminal offense. Penalties escalate:
- 1st Offense: 2nd-degree misdemeanor (up to 60 days jail / $500 fine).
- 2nd Offense: 1st-degree misdemeanor (up to 1 year jail / $1000 fine).
- 3rd+ Offense: 1st-degree misdemeanor (min. 10 days jail) OR 3rd-degree felony if related to DUI, refusal, serious injury/death crash, or fleeing/eluding.
No Valid Driver's License (NVDL)
Operating a vehicle without ever having been issued a valid license, or driving on an expired license (FL Stat. 322.03). *Does not require proof of knowledge for 1st offense.*
Penalties (Escalating per HB 1589, eff. 7/1/24):
- 1st Conviction: 2nd-degree misdemeanor.
- 2nd Conviction: 1st-degree misdemeanor.
- 3rd+ Conviction: 1st-degree misdemeanor (min. 10 days jail).
*(NVDL convictions do not count towards HTO status).*
Habitual Traffic Offender (HTO)
A FLHSMV designation resulting from (FL Stat. 322.264):
- 3+ convictions of serious offenses (DUI, DWLS - *including civil*, vehicular manslaughter, felony w/ vehicle, leaving scene w/ injury/death) within 5 years.
- OR 15+ moving violations with points assessed within 5 years.
Consequences: Mandatory 5-year license revocation. Driving while HTO is a 3rd-degree felony.
Other Violations Leading to Suspension
Accumulating too many points (12 in 12 mo., 18 in 18 mo., 24 in 36 mo.), failing to pay tickets/fines, child support delinquency, DUI arrest/conviction, refusal to submit to testing, failure to maintain required insurance, or failure to complete required driving schools can all lead to suspension.
Consequences of Florida License Offenses
Convictions for driver's license offenses can have severe and long-lasting impacts beyond just losing your driving privileges.
License Suspension/Revocation
Lengthy periods without driving privileges, including a mandatory 5-year revocation for HTO status.
Criminal Record
NVDL, DWLS with knowledge, and Driving while HTO are misdemeanors or felonies, creating a permanent criminal record affecting jobs, housing, etc.
Potential Jail Time
Criminal license offenses carry potential jail, with mandatory minimums for 3rd+ NVDL/DWLS (non-felony) and felony Driving while HTO.
Fines, Fees & Insurance
Significant fines, court costs, reinstatement fees, and dramatically increased car insurance premiums. Potential need for SR-22 (proof of financial responsibility).
Vehicle Impoundment/Forfeiture
Vehicle may be impounded/immobilized upon arrest for knowing DWLS under certain conditions (e.g., HTO status). Vehicle subject to seizure/forfeiture if driving on suspension due to prior DUI.
Defense Strategies for Florida License Cases
An effective defense requires a thorough review of the facts, challenging the state's evidence, and exploring all legal options.
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Challenge the Traffic Stop: Was the initial stop legal? If the officer lacked reasonable suspicion or probable cause, evidence obtained afterward might be suppressed.
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Lack of Knowledge (DWLS): For criminal DWLS, the state must prove you *knew* your license was suspended. We investigate whether proper notice was given or received (e.g., mailed notice, court order, administrative order).
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Challenge Prior Convictions (HTO): HTO status depends on prior convictions. We review your driving record to see if past tickets or convictions (including civil DWLS) can be challenged or vacated, potentially removing the HTO designation.
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Resolve Underlying Issues: Often, suspensions result from unpaid tickets, unresolved court matters, or failure to complete requirements. Addressing the root cause (e.g., obtaining D6 clearance) can sometimes lead to dismissal or reduction of the DWLS charge.
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Negotiate a Favorable Plea: When dismissal isn't possible, we negotiate with the prosecutor to achieve the best possible outcome, such as reducing charges (e.g., criminal DWLS to civil infraction), avoiding jail time, or minimizing impact on your license.
License Reinstatement & Hardship Options
Getting Your License Back
Reinstatement involves resolving the suspension's cause (paying fines, completing courses like ADI/DUI school, obtaining court clearance like a D6), paying FLHSMV reinstatement fees, and potentially providing SR-22 proof of insurance. Fees vary based on suspension type.
You can check your license status and pay some fees online via the FLHSMV MyDMV Portal.
Help with Reinstatement →Florida Hardship Licenses
You may qualify for a restricted license for limited driving:
- Business Purposes Only (BPO): Driving necessary to maintain livelihood (work, education, church, medical).
- Employment Purposes Only (EPO): Driving to/from work only.
Frequently Asked Questions
You can check your Florida driver's license status online using the FLHSMV's "Online Driver License Check" tool. While the FLHSMV usually mails suspension notices, it's vital to keep your address current with them.
DWLS *Without* Knowledge (FL Stat. 322.34(1)) is a non-criminal civil infraction (like a ticket). DWLS *With* Knowledge (FL Stat. 322.34(2)) is a criminal offense (misdemeanor or potentially felony) because the state must prove you knew your license was suspended. Criminal DWLS carries harsher penalties (jail, higher fines) and counts towards HTO status, while the civil infraction typically does not involve jail but can still contribute to HTO.
DWLS (Driving While License Suspended/Revoked) means you *had* a license, but it was taken away (suspended, revoked, canceled). NVDL (No Valid Driver License - FL Stat. 322.03) means you were driving without ever having been issued a valid license, or your license expired. Both are criminal offenses, but DWLS penalties often depend on whether you knew about the suspension, while NVDL penalties escalate with repeat offenses. NVDL does not count towards HTO status.
Avoid convictions for the qualifying serious offenses (DUI, DWLS - even civil ones, etc.) or accumulating 15+ moving violation points within 5 years. Fight any qualifying charge vigorously. If you receive a DWLS ticket (even civil/without knowledge), consult an attorney before paying it, as it can count towards HTO. If you have prior convictions, explore options to challenge or vacate them.
Reinstatement fees vary. There's a base fee ($45 for suspension, $75 for revocation), plus additional fees depending on the suspension reason (e.g., $60 for unpaid tickets/child support, $150 for insurance issues, $130 for alcohol/drug suspensions). You must also pay any underlying court fines/costs and potentially course fees (ADI/DUI school).
Meet Our Dedicated Defense Team
Jeff Lotter
Attorney | Founder
An experienced Orlando attorney, Jeff brings more than two decades of front-line law enforcement and legal experience to every case. As a former Florida State Trooper and Deputy Sheriff, he offers clients a powerful advantage: insider knowledge of police procedures and prosecution strategies. Now solely dedicated to criminal defense, Jeff—a Military Veteran—approaches the courtroom as a battlefield. You, the client, are the General; Jeff is the battlefield commander executing your mission. Grounded in his Christian faith and committed to protecting freedom, Jeff sees every case as an opportunity to push back against government overreach and defend the individual against unjust intrusion. Married for over 20 years with two children, he brings the same unwavering dedication to protecting your rights as he does to his own family.
Stacy Sanchez
Senior Legal Assistant
Since beginning her legal career in 2014, Stacy has brought unwavering dedication to the field of criminal defense. She joined Lotter Law in 2021 and has since become an integral part of the team, known for her reliability, compassion, and sharp attention to detail. Originally from New York and raised in Orlando, Stacy blends tenacity with a warm, client-centered approach. Driven by a deep desire to help others, she believes every person deserves to be treated with dignity and respect—especially during some of the most difficult moments of their lives. Her strong family values guide her empathetic communication and relentless work ethic. With over a decade of experience and a genuine passion for criminal defense, Stacy continues to make a meaningful impact every day at Lotter Law.
Marissa Rodriguez
Legal Assistant
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Visit Our Office
Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140
Orlando, FL 32801
Serving Central Florida, including Orange County.
Get DirectionsFacing Driver's License Issues in Florida?
Don't risk your driving privileges. Contact Lotter Law today for a free, confidential consultation to discuss your specific situation.
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Law Office of Jeff Lotter PLLC | 200 E Robinson St Suite 1140, Orlando, FL 32801