Eric J. Dirga, P.A.

A Florida Trial Attorney

Criminal Defense and Personal Injury Cases

733 West Colonial Drive, Orlando 32801 - 407.434.1858

Crime Penalties: License Suspension

Drug Offense License Suspension

Criminal Defense Representation - Orlando, Florida

Last Updated: May 27, 2016

Mandatory And Collateral Suspensions

Under Florida law people can have their Florida drivers license suspended if they are found guilty of certain offenses or failure to act even when the behavior does not involve driving or the presence of a motor vehicle. The legislature uses drivers license suspensions as a way to penalize people for their behavior.

Suspensions can be mandatory and found within the prohibitive criminal statute or it can be a collateral consequence of the crime found in a separate statute. If it is mandatory the court (and your attorney) should advise you of this before you enter a plea or go to trial for a criminal offense. If it is collateral most courts will (and you attorney should) explain the consequences to you before you enter a plea or go to trial.

Offenses That Are Punishable With A License Suspension

Offense Duration of Suspension Additional Info
Failure to Render Aid at an Accident Revoked Indefinitely Section 322.26(4), Florida Statutes
Reckless Driving x3 within 12 months Revoked Indefinitely Section 322.26(6), Florida Statutes
Use of Vehicle in Prostitution Revoked Indefinitely Section 322.26(7), Florida Statutes
Failure to Pay Citation Suspended (Until Paid) Paid includes late fee ($17), D6 clearance fee ($6), and reinstatement fee at DMV.
Failure to Pay Child Support Suspended (Until Paid)
Drunk Driving Arrest 6 months to Lifetime Suspension You do not need to be convicted. Suspended upon arrest.
Racing On Highway 12 months (first offense) These charges should be taken to trial. Hard for state to prove.
Fleeing Eluding Law Enforcement 12 months to 5-years Judge determines length of suspension. If omitted during sentencing then DMV issues minimum term.
Possession Controlled Substance 2 Year Suspension Automobile need not be involved.
Theft, Shoplifting 6 to 12 Months Optional on first offense. Mandatory for subsequent convictions.
Gas and Go (stealing gasoline) 6 to 12 Months Mandatory
Graffiti 1 Year Suspension
Habitual Traffic Offender 5 Years First year no hardship drivers license
12 Points in 12 Months 30 Day Suspension
18 Points in 18 Months 90 Day Suspension
24 Points in 36 Months 1 Year Suspension

We May Be Able To Reinstate Your Driving License

Above is a list of offenses that require the suspension of driving privileges if found guilty. If available there is included the length of suspension, the length of the hardship period if any, and any requirements needed to get a hardship license.

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Corrections/Errors; Questions

The purpose of publishing this information is to help both prosecutors and defense attorneys, and non-lawyers better understand the criminal justice system in Florida. We appreciate any input that may further this goal.

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