Driver License & ID Cards
Search names, statutes, classifications, penalties, points, and enforcement notes.
31 offenses
Driver License and Identification Card Fraud
Florida Statute § 322.212
Identify the exact act under §322.212: knowing possession/display of a specified false or unlawfully issued credential, making or supplying one, unauthorized transfer, application fraud, or altered required information. Document the credential’s defect, the actor’s conduct, and the required knowledge. Lawful possession/display of another person’s card is excepted. False-age application and altered-birth-date possession have specific misdemeanor treatment; most other covered conduct is felony-level. A genuine borrowed license used as one’s own may instead fit §322.32.
Driver license not carried / displayed
Florida Statute § 322.15
A licensee operating a motor vehicle must possess and display a fully legible license on authorized demand. Authorized digital proof may substitute, but if it cannot be immediately verified the officer may demand the printed license. Establish that the person is licensed and the issue is possession/display, rather than an invalid driving privilege. The statute also directs fingerprint collection when a license is not displayed; follow the applicable citation process. This is a civil nonmoving track.
Driver license restriction — court/supervision recommendation
Florida Statute § 322.16(1)(c), (5)
The driver operated a motor vehicle AND violated a restriction actually imposed by FLHSMV under subsection (1)(c) upon recommendation of a court, the Florida Commission on Offender Review, or the Department of Corrections concerning a person under that entity’s jurisdiction, supervision, or control. Verify the department restriction and its origin; a restriction code alone does not establish this track. This is a second-degree misdemeanor. Ordinary department restrictions and teenage driving-hour violations are civil moving tracks under subsection (6). Do not assume a probation condition is itself a department-imposed license restriction.
Driver license restriction — ordinary civil violation
Florida Statute § 322.16(1)(a)-(b), (6)
The driver operated a motor vehicle AND violated a restriction imposed by FLHSMV under subsection (1)(a) or (1)(b), such as a required mechanical control or a time/purpose restriction. Verify the actual restriction, its source, and how the driving violated it; corrective lenses and business purposes only (BPO) require the restriction record. This is a civil moving violation. Do not classify every restricted-license violation as criminal: subsection (1)(c) restrictions recommended by a court or specified supervising entity have a separate misdemeanor track. The medical-identification-bracelet restriction in (1)(d) has no penalty.
Driving CMV while suspended/revoked/disqualified
Florida Statute § 322.34(7)
A person with canceled, suspended, revoked, disqualified, or equivalent driving status who drives a commercial motor vehicle on a highway falls under §322.34(7). Confirm that the vehicle meets the statutory commercial definition, the active status, and conviction history. A first conviction is a first-degree misdemeanor; a second/subsequent conviction is a third-degree felony. Do not substitute ordinary passenger-vehicle DWLS classifications or presume a CDL is required solely because the driver is working.
Driving outside license classification
Florida Statute § 322.54 / 322.03(5)
Determine the vehicle class and the driver's actual authorization, restrictions, and endorsements. Motorcycle operation requires motorcycle authority under §322.03(5), but an autocycle does not require that endorsement. Commercial vehicles invoke the separate CDL class/endorsement rules and exemptions; a CDL expired no more than 30 days has a civil exception. Record vehicle specifications, license status, and the exact restriction violated. Do not assume every classification issue is the same as having no driver license at all.
Driving while license permanently revoked
Florida Statute § 322.341
Establish motor-vehicle driving on a highway while the person's license or driving privilege is permanently revoked under §322.26 or §322.28. Obtain records showing the permanent nature and statutory basis of the revocation; an ordinary suspension, temporary revocation, or habitual-offender designation does not by itself satisfy this section. Confirm identity, active status, and the driving act before selecting the third-degree-felony charge.
Driving While License Permanently Revoked
Florida Statute § 322.341
Establish motor-vehicle driving on a highway while the person's license or driving privilege is permanently revoked under §322.26 or §322.28. Obtain records showing the permanent nature and statutory basis of the revocation; an ordinary suspension, temporary revocation, or habitual-offender designation does not by itself satisfy this section. Confirm identity, active status, and the driving act before selecting the third-degree-felony charge.
Driving While License Suspended or Revoked
Florida Statute § 322.34
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.
Driving while revoked as habitual traffic offender
Florida Statute § 322.34(5)
Confirm highway motor-vehicle driving and an operative habitual-traffic-offender designation. The ordinary subsection (5) classification is a third-degree felony, but check subsection (10) before selecting that track. A person with no prior forcible-felony conviction and a qualifying §322.264(1)(d) designation based on the suspensions listed in (10)(a)1.-5. may fall under misdemeanor penalties. Verify each suspension underlying the designation and the criminal history; an HTO database label alone does not resolve the exception. Permanent revocation under §322.341 is separate.
DWLSR — knowingly, first conviction
Florida Statute § 322.34(2)(a)
For the first-conviction criminal track, establish highway driving, an active qualifying cancellation/suspension/revocation or equivalent status, and the driver's knowledge. Knowledge may be shown by an admission, earlier citation, qualifying notice, or other evidence; the record-based presumption excludes specified financial-responsibility and unpaid-fine suspensions. Confirm status, notice, identity, and prior history. Habitual-offender, injury, commercial-vehicle, and specified financial/attendance suspensions have additional rules that must be considered separately.
DWLSR — knowingly, second conviction
Florida Statute § 322.34(2)(b)
A second or subsequent knowing-driving conviction ordinarily raises the §322.34(2) offense to a first-degree misdemeanor unless the specified felony track applies. Establish current highway driving, active status/equivalent status, knowledge, and a qualifying prior conviction. A third conviction is not automatically a felony; the current or most recent suspension basis matters. Check subsection (10)'s specified financial/attendance cases and habitual-offender/commercial tracks before selecting the charge.
DWLSR — qualifying third/subsequent felony
Florida Statute § 322.34(2)(c)
The subsection (2)(c) felony requires a third or subsequent knowing-driving conviction AND a qualifying basis for the current violation or most recent prior violation: DUI, test refusal, a traffic offense causing death/serious bodily injury, or fleeing/eluding. Verify the convictions and the underlying suspension/revocation basis, not just the count on a record. Establish highway driving and knowledge as well. Other third/subsequent cases can remain misdemeanors, and subsection (10) may govern specified financial/attendance cases.
DWLSR — subsection (10), first conviction
Florida Statute § 322.34(10)(b)1.
First conviction for the same qualifying knowing-driving offense: second-degree misdemeanor under subsection (10)(b). Establish highway motor-vehicle driving and knowledge of the operative license action or equivalent status, AND no prior forcible felony under §776.08, AND an eligible basis in §322.34(10)(a)1.-6. Bases include child-support nonpayment, specified financial obligations (excluding §322.245(1)), civil-penalty noncompliance, chapter 324 financial responsibility, minors' attendance requirements, or qualifying HTO history. Verify the actual suspension basis, conviction history, and forcible-felony record; unpaid fines or an insurance suspension label alone do not establish all requirements. Review subsection (11)'s limited non-CDL compliance election.
DWLSR — subsection (10), second/subsequent conviction
Florida Statute § 322.34(10)(b)2.
Second or subsequent conviction for the same qualifying knowing-driving offense: first-degree misdemeanor under subsection (10)(b). Establish highway motor-vehicle driving and knowledge of the operative license action or equivalent status, AND no prior forcible felony under §776.08, AND an eligible basis in §322.34(10)(a)1.-6. Bases include child-support nonpayment, specified financial obligations (excluding §322.245(1)), civil-penalty noncompliance, chapter 324 financial responsibility, minors' attendance requirements, or qualifying HTO history. Verify the actual suspension basis, conviction history, and forcible-felony record; unpaid fines or an insurance suspension label alone do not establish all requirements. Review subsection (11)'s limited non-CDL compliance election.
DWLSR — unknowingly
Florida Statute § 322.34(1)
The civil track applies to highway driving while a license/privilege is canceled, suspended, or revoked when the criminal knowledge requirement is not established, excluding the habitual-offender track. Verify the actual status and dates and investigate knowledge rather than assuming it from a database return. Admissions, an earlier citation, or statutory notice may support knowledge and change the charge. Record the basis for selecting the civil track; no valid license and commercial disqualification are distinct provisions.
DWLSR/no DL causing death or serious bodily injury
Florida Statute § 322.34(6)
This felony requires operation without a license required by §322.03, OR a cancellation/suspension/revocation under one of the specifically listed provisions, PLUS careless or negligent operation causing another person's death or serious bodily injury. Document the qualifying license basis, negligent act, causal connection, and injury level. A suspended driver merely being involved in a serious crash does not establish the offense; not every suspension reason qualifies for the suspended-license alternative.
Expired driver license 6 months or less
Florida Statute § 322.065
A person driving a motor vehicle on a highway with a driver license expired 6 months or less commits the civil expiration infraction in §322.065. Verify the expiration date, applicable extension, and driving; an active suspension/revocation is a different issue. More than 6 months uses §322.03(6), while commercial-license operation has a separate 30-day exception. This period defines the civil penalty track, not permission to drive on an expired license.
Expired driver license more than statutory grace period
Florida Statute § 322.03(6)
This track applies when a driver operates a motor vehicle on a highway with a license expired MORE than 6 months under current §322.03(6). Confirm the actual expiration date and operation; the first 6 months fall under the civil provision in §322.065. Commercial licenses have a separate 30-day rule. Check any statutory extension or exemption, and distinguish expiration from suspension/revocation. A license valid at arrest but not produced roadside has a statutory dismissal procedure.
Improper CDL class
Florida Statute § 322.54
Match the combination/vehicle weight or rating and use to the required license class. Class A generally covers combinations at least 26,001 pounds with a towed unit over 10,000; Class B covers qualifying heavy single vehicles and specified smaller towed units; Class C covers smaller vehicles requiring specified passenger, school-bus, or hazardous-material endorsements. Apply §322.53 exemptions, valid nonresident authority, and license restrictions. The civil exception for a CDL expired no more than 30 days must be separated from operating without the required class.
Learner license — no qualifying accompanying driver
Florida Statute § 322.1615(2), (4)
A learner-license holder operating a motor vehicle must be accompanied at all times by a driver who holds a valid license for that vehicle type AND is at least 21 AND occupies the closest seat to the right of the driver. Document operation, learner status, companion age/license, and seating position. A licensed adult riding elsewhere does not satisfy the stated seating requirement. A violation is a civil moving infraction under subsection (4), distinct from having no valid driver license. Learner driving-hour restrictions under subsection (3) remain separately applicable.
Learner license — operation outside permitted hours
Florida Statute § 322.1615(3)-(4)
A learner-license holder may drive only during daylight hours for the first 3 months after issuance; after those 3 months, operation is permitted until 10 p.m. Establish the issuance date, learner status, actual operation, daylight conditions when relevant, and time. This is a civil moving violation under subsection (4). Passing the first 3 months does not remove the accompanying-driver requirement, and the work exceptions for fully licensed teenage drivers under §322.16 are not written into this learner-hours provision. Distinguish the learner track from the full-license teenage hours.
No CDL
Florida Statute § 322.53
A driver of a commercial motor vehicle generally needs a valid CDL. Confirm vehicle weight/rating, passenger or hazardous-material use, and license status. Exemptions include qualifying emergency/military operation, specified farm transport, recreational vehicles, certain own-property straight-truck use, and restricted transit-yard work; for-hire commercial drivers remain subject to the stated CDL rule. Some exempt residents still need a Class E or military license. Distinguish no CDL from the wrong class/endorsement or a CDL expired no more than 30 days.
No proper endorsement
Florida Statute § 322.57
Determine whether the actual vehicle/use requires an endorsement: doubles/triples, passenger service, school bus, tank vehicle, placarded hazardous materials, combined tank/hazmat, or motorcycle. Compare required endorsements with the license and restrictions, including valid nonresident authority. Commercial endorsements require an appropriate CDL; motorcycle authority may instead be a motorcycle-only Class E license. Do not apply a commercial misdemeanor classification to every motorcycle-endorsement issue. A CDL expired no more than 30 days has a separate civil exception.
No valid driver license
Florida Statute § 322.03(1)
Driving a motor vehicle on a Florida highway without a valid required license violates §322.03(1), subject to chapter exemptions such as qualifying nonresident licenses, official federal operation, temporary farm equipment, and authorized adult golf-cart use. Establish highway operation, identity, license status, and the absence of an applicable authorization. First, second, and later convictions have different penalties. A valid license merely not carried is a different civil issue; producing a license valid at arrest may require dismissal under subsection (7).
No Valid Driver License
Florida Statute § 322.03
Driving a motor vehicle on a Florida highway without a valid required license violates §322.03(1), subject to chapter exemptions such as qualifying nonresident licenses, official federal operation, temporary farm equipment, and authorized adult golf-cart use. Establish highway operation, identity, license status, and the absence of an applicable authorization. First, second, and later convictions have different penalties. A valid license merely not carried is a different civil issue; producing a license valid at arrest may require dismissal under subsection (7).
Permitting unauthorized minor to drive
Florida Statute § 322.35
A person may not cause or knowingly permit their child or ward under 18 to drive a motor vehicle on a highway without chapter 322 authorization. Establish the parent/guardian relationship, minor's age, actual highway driving, license/restriction status, and causation or knowing permission. A minor can lawfully drive with the required license and supervision, so age alone is insufficient. Permission involving another person's vehicle or an unrelated driver may fit §322.36 instead.
Permitting unauthorized person to drive
Florida Statute § 322.36
An owner or person controlling a vehicle may not authorize or knowingly permit it to be driven on a highway/public street by someone not duly authorized under chapter 322. Identify ownership/control, the driver's lack of authority, and permission or knowledge; mere ownership does not establish the offense. Knowingly lending to a suspended driver who then has an injury/death crash carries additional license consequences. Unauthorized assistance on a CDL examination is a separate subsection, not the loan-of-vehicle conduct summarized here.
Teen driver hours — licensed driver age 17
Florida Statute § 322.16(3), (6)
A licensed 17-year-old may not operate a motor vehicle after 1 a.m. and before 5 a.m. unless accompanied by a driver at least 21 with a valid license for the vehicle type OR driving directly to or from work. Verify age, operation, precise time, the accompanying driver’s authorization, and any work exception. This is a civil moving violation. Drivers under 17 have different hours; learner-license holders have separate accompaniment and daylight/10 p.m. restrictions. Do not infer criminal license status merely from being out during restricted driving hours.
Teen driver hours — licensed driver under 17
Florida Statute § 322.16(2), (6)
A licensed driver under 17 may not operate a motor vehicle after 11 p.m. and before 6 a.m. unless accompanied by a driver at least 21 who holds a valid license for the vehicle type OR driving directly to or from work. Establish age, operation, time, accompaniment, and any work exception together before citing. This is a civil moving violation, not an automatic curfew arrest or no-valid-license charge. A learner’s license has separate accompaniment and daylight/10 p.m. rules under §322.1615; do not substitute these full-license hours.
Unlawful Use of a Driver License
Florida Statute § 322.32
Select the §322.32 act: knowingly possessing/displaying a canceled, suspended, revoked, or disqualified license; lending it or permitting unlawful use; representing another person’s license as one’s own; refusing lawful surrender; or obtaining photographic licenses in different names. Document the act and any required knowledge, notice, or lawful demand. Possessing someone else’s genuine license for an innocent purpose is not the same as claiming it as one’s own. Forged credentials and application fraud may invoke §322.212 instead.