Suspended License FAQ

Frequently asked Questions about Driving on a Suspended License

Is it illegal to drive on a suspended license?

Yes, it is illegal to drive with a suspended license. In Florida, driving is considered a privilege and not a necessity. Therefore, if your license is suspended you are not allowed to operate a motor vehicle. If you drive on a suspended license and are caught it is a criminal offense and will be marked as such on your record if you are found guilty.

Is driving on a suspended license a misdemeanor or felony?

The first two times you are charged with driving on a suspended license it will a misdemeanor offense, but the third time is considered a felony.

Can I get jail time for driving on a suspended license?

Yes, all criminal offenses have the option of jail time as one of their penalties.

What are the penalties for driving on a suspended license for the first time?

In Florida, the penalties for driving on a suspended license for the first or second time are as follows:

First or Second Offense

• Misdemeanor

• Fine up to $500

• Imprisonment up to 60 days

What are the penalties for driving on a suspended license the third time?

A third time offense of driving on a suspended license has more severe penalties. The penalties for driving on a suspended license for the third time are as follows:

Third time Offense

• Felony

• Fine up to $5000

• Imprisonment up to 5 years

What if I did not know that my license was suspended can I still get in trouble?

You should not get in trouble if you did not know that your license was suspended. However, this is not always the case. Florida law clearly states that an individual must knowingly drive on a suspended license in order to be charged with the crime. If you are charged with driving on a suspended license and did not now that your license was suspended you should contact a lawyer immediately.

What are the reasons why people get a suspended license?

There are a variety of reasons as to why people get their license suspended. Some of the most common reasons for license suspension are:

• DUI

• Not paying a traffic ticket

• Too many points on accrued on a license in a given time frame

• Reckless driving

• Not paying auto insurance

Doesn’t the DMV have to notify you if your license is suspended?

Yes, the DMV does notify you that your license is going to be suspended to give you time to fix the problem and then they also send you another notice when your license has been suspended. They notify you through mail at the address they have on file for you. It is your responsibility to inform the DMV of your new address if you have moved.

Can my car get impounded for driving on a suspended license?

Yes, the officer has the right to impound your car if he or she chooses to do so.

What will happen when the officer finds out I am driving on a suspended license?

It depends on the situation and the officer. If the officer believes that you did not know that your license was suspended they may just give you a ticket with a court date and let you have somebody pick you up. If the officer knows that you knew your license was suspended, for example if your license was suspended form a DUI charge, they may arrest you on the spot and impound your car.

Should I contact a lawyer if I am being charged with driving on a suspended license?

Yes, driving on a suspended license could lead to you doing jail time and is a criminal offense on your record. At the very least you should contact a criminal defense lawyer and see what they have to say about your case.

What are some defenses for driving on a suspended license?

The most common defense for driving on a suspended license is the absence of knowledge regarding the license suspension. A driver cannot be charged with a crime that they did not know they were committing. Many people fail to inform the DMV of their new address change and if they receive a ticket, such as a red light violation, in the mail and they do not pay it, their license will end up being suspended. In cases like these the driver did not know of the license suspension and should not be charged.