Fla. Stat. § 322.34

Driving While
License Suspended

The whole case often turns on one word: "knowing." Here is how Florida treats driving on a suspended license — and why the knowledge element matters so much.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

Knowledge Changes Everything

Under § 322.34, whether driving on a suspended license is a minor civil infraction or a criminal offense turns on knowledge. Driving without knowledge of the suspension is generally a civil infraction. Driving knowing of the suspension is a criminal offense that escalates with each conviction.

The Governing Statute
Fla. Stat. § 322.34 — Driving While License Suspended or Revoked
"Any person whose driver license … has been canceled, suspended, or revoked … and who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state [commits an offense]."
Read the full statute on Online Sunshine →
DWLS (Knowing) — Escalation
First offense: Second-degree misdemeanor.

Second offense: First-degree misdemeanor.

Third or subsequent: Third-degree felony.

Habitual traffic offender designation carries its own felony exposure.

What a Defense Attorney Looks For

  • Knowledge. Whether the State can prove you actually knew about the suspension — often the weakest point.
  • Why the license was suspended, and whether it can be reinstated to resolve the case.
  • Whether the stop that led to the charge was lawful.
  • Avoiding the habitual-offender designation.

Frequently Asked Questions

Is driving with a suspended license a crime in Florida?
It depends on knowledge. Under § 322.34, driving while your license is suspended is a criminal offense if you knew about the suspension. Without knowledge, it is generally a civil infraction. Repeat knowing offenses can become a felony.
How do prosecutors prove I knew my license was suspended?
Often through DHSMV records showing notice was mailed, prior citations, or a signed acknowledgment. Whether the State can actually prove knowledge is frequently the central issue and a key defense.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 322.34 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.