Driving CMV while suspended/revoked/disqualified
Florida Statute § 322.34(7)
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
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.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- CDL
- Type
- Criminal Traffic
- Civil / Criminal
- Criminal
- Offense Classification
- Misdemeanor first; felony repeat
- Degree
- 1st Degree first; 3rd Degree second/subsequent
- Points
- 0
- Fine / Penalty
- Court determined
- FLHSMV Code
- 613
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- Yes
- NTA Eligible
- Misdemeanor track only if procedurally authorized; no felony NTA
- Custodial Arrest
- Yes, when lawful arrest authority exists
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.
Offense Guidance
Offense Guidance
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.
Review required facts and applicable instructions →