Driving While License Suspended (DWLS) in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the State Must Prove

Under Florida Standard Jury Instruction (Criminal) 28.11, the State must prove three things: that you drove a motor vehicle on a highway in Florida; that at the time your license or driving privilege was suspended, revoked or canceled (or you were under "suspension or revocation equivalent status," which applies to people with no license who would be suspended if they had one); and that you knew it. Read the official text on our 28.11 Elements page.

The law says knowledge can be shown by a prior citation for driving while suspended, by your admission, or by the notice the law requires in the judgment or ticket that suspended you. If that judgment or order is in the DHSMV record, the law presumes you knew. The presumption can be rebutted, and it does not apply to DHSMV suspensions for an unpaid traffic fine or a financial responsibility (insurance) violation.

Penalties Under Fla. Stat. § 322.34

• No knowledge: a moving violation (a civil traffic infraction), not a crime.
• With knowledge, first conviction: second-degree misdemeanor (up to 60 days in jail and a $500 fine).
• Second conviction: first-degree misdemeanor (up to 1 year and $1,000).
• Third or later conviction: first-degree misdemeanor with a minimum of 10 days in jail, or a third-degree felony (up to 5 years and $5,000) if the current suspension or the most recent prior one came from DUI, a breath, blood or urine test refusal, a traffic offense causing death or serious bodily injury, or fleeing or eluding.
• Money-related suspensions (child support, other financial obligations, unpaid civil traffic penalties, no insurance, school-attendance suspensions for minors): if you have no prior forcible felony, a first conviction is a second-degree misdemeanor and later ones are first-degree misdemeanors. The felony level does not apply.
• Commercial vehicle while suspended, revoked, canceled or disqualified (Instruction 28.11(b)): first conviction, first-degree misdemeanor; second or later, third-degree felony.
• Careless driving that causes death or serious bodily injury while unlicensed or while suspended for certain listed reasons (Instruction 28.12): third-degree felony.

Common Situations in Miami

• A stop for tint or speeding, then an arrest on a suspension you never knew about.
• A suspension tied to an old DUI. See DUI Defense and DUI License Suspension Hearings.

How We Defend DWLS Charges

• Knowledge. Where was the notice mailed? Were you ever told?
• Was the license actually suspended that day? Records can be wrong.
• The reason for the suspension, because it decides which penalty level applies.
• Fixing the suspension. For the money-related suspensions listed above, a driver without a commercial license who was cited may plead no contest and show proof of compliance. Adjudication is withheld, and it is not a conviction. Limits: not within 12 months of a prior election, and no more than three times.

What to Do First

1. Stop driving until you know your status.
2. Find out why you are suspended and what it takes to reinstate.
3. Call us before your court date. Do not just pay a ticket; on your driving record, paying can count as a conviction.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

I didn't know my license was suspended. Is that a defense?

Knowledge is an element of the crime. Without it, the law treats driving while suspended as a moving violation (a civil infraction).

Can a DWLS charge be a felony?

Yes, on a third or later conviction tied to one of the four listed reasons above. Driving as a designated habitual traffic offender is also a felony. See Habitual Traffic Offender Charges.