Driving while a driver license or driving privilege is canceled, suspended, revoked, or disqualified.
Florida Statute
§ 322.34
Driving while license suspended, revoked, canceled, or disqualified
Verified against the 2026 Florida Statutes: September 14, 2026
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Verify highway driving, operative license status, knowledge, prior convictions, and the underlying suspension basis. A third conviction alone is not a felony: subsection (2)(c) requires additional specified circumstances. Subsection (10) provides misdemeanor penalties for qualifying financial/attendance suspensions and qualifying HTO histories when there is no prior forcible felony. Check the eligibility guide before selecting the charge. Commercial-vehicle operation and careless/negligent driving causing death or serious bodily injury have separate requirements.
Summary verified against the 2026 Florida Statutes: October 25, 2026.
A third conviction alone is not a felony. Verify the suspension basis and check subsection (10), including in HTO cases.
Required together: no prior forcible-felony conviction as defined in §776.08; AND the cancellation, suspension, revocation, or equivalent status is based on one of the following. The (10)(b) offense requires knowing driving.
First conviction: second-degree misdemeanor — (10)(b)1.
Second or subsequent conviction for the same offense: first-degree misdemeanor — (10)(b)2.
Document: the exact license action and underlying basis, knowledge, qualifying priors, and forcible-felony history. Do not infer eligibility solely from “suspended” or “HTO” on a database return. Confirm uncertain or mixed suspension histories with the State Attorney.
Related compliance election — (11): a qualifying cited non-CDL holder may elect a nolo contendere plea and provide proof of compliance to the clerk. No election in the preceding 12 months; no more than three total. Adjudication is withheld, and that disposition is not a conviction. This is a clerk/court procedure, not automatic roadside dismissal.
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
All required
The defendant drove a motor vehicle upon a Florida highway while the defendant's license or driving privilege was canceled, suspended, revoked, or disqualified.
Plain language: Prove driving and the operative license status.
Criminal and enhanced tracks
For a criminal knowing-violation track, the defendant knew of that status; any prior conviction, habitual-traffic-offender status, commercial status, injury, or death used to enhance the charge must also be proven.
Plain language: Unknown suspension is treated differently; document knowledge and enhancements.
Instruction 28.11
Use for the applicable knowing DWLSR track under F.S. § 322.34.
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 28.11(a)
Use for the applicable habitual-traffic-offender track.
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 28.11(b)
Use for the applicable commercial-motor-vehicle licensing-status track.
View Official InstructionA person whose suspension is unknown is not automatically on the same criminal track as a knowing violation. Check the driving record, notice methods, admissions, priors, and the exact subsection.
Verified against the 2026 Florida Statutes: October 25, 2026.
F.S. § 322.34(1) · Moving Violation Noncriminal
Ordinary highway driving while canceled, suspended, or revoked without the required knowledge is generally a moving infraction. Habitual-traffic-offender cases require separate review.
F.S. § 322.34(2)(a) · Second Degree Misdemeanor
Ordinary knowing highway motor-vehicle driving with operative canceled, suspended, revoked, or equivalent status. First conviction is a second-degree misdemeanor; review subsection (10) and the distinct HTO/CMV provisions.
F.S. § 322.34(2)(b) · First Degree Misdemeanor
Second OR subsequent knowing-driving conviction, unless the qualifying subsection (2)(c) felony applies. A third/subsequent conviction under (2)(b) carries at least 10 days in jail. Review subsection (10) before selecting penalties.
F.S. § 322.34(2)(c) · Third Degree Felony
Third/subsequent conviction AND the current or most recent prior violation involves cancellation, suspension, revocation, or equivalent status resulting from DUI, test refusal, a traffic offense causing death/serious bodily injury, OR fleeing/eluding. A third conviction alone is insufficient. Review subsection (10).
F.S. § 322.34(10)(a), (10)(b)1. · Second Degree Misdemeanor
Knowing driving AND no prior forcible-felony conviction under §776.08 AND a qualifying license-action basis under (10)(a)1.-6. Includes specified financial/attendance suspensions and qualifying HTO history; verify the actual underlying records.
F.S. § 322.34(10)(a), (10)(b)2. · First Degree Misdemeanor
The same subsection (10) eligibility requirements apply AND this is a second or subsequent conviction for the same knowing-driving offense. Review the limited non-CDL compliance election in subsection (11).
F.S. § 322.34(5), (10) · Third Degree Felony
Highway motor-vehicle driving while designated an HTO. Before using the ordinary felony track, assess subsection (10): no prior forcible felony AND qualifying §322.264(1)(d) history arising from the listed suspension reasons.
F.S. § 322.34(7) · Varies Varies
Highway driving of a qualifying commercial motor vehicle with canceled, suspended, revoked, disqualified, or equivalent status. First conviction: first-degree misdemeanor; second/subsequent: third-degree felony. Check the applicable statutory exceptions.
F.S. § 322.34(6) · Third Degree Felony
No driver license as required by §322.03 OR cancellation/suspension/revocation under §316.655, §322.26(8), §322.27(2), or §322.28(2) or (4); AND careless/negligent operation causing another person’s death or serious bodily injury. A serious crash alone is insufficient.
Verified against the 2026 Florida Statutes: October 25, 2026. Confirm the exact track and agency/prosecutor guidance.
Verified against the official instruction source: September 14, 2026