DWLSR — knowingly, first conviction
Florida Statute § 322.34(2)(a)
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
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.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Driver License
- Type
- Criminal Traffic
- Civil / Criminal
- Criminal
- Offense Classification
- Misdemeanor
- Degree
- 2nd Degree
- 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
- Potentially — Rule 3.125; subject to exceptions and traffic-specific procedure
- Custodial Arrest
- Yes — NTA may be an alternative when legally/procedurally authorized
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 →