DWLSR — knowingly, second conviction
Florida Statute § 322.34(2)(b)
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
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.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Driver License
- Type
- Criminal Traffic
- Civil / Criminal
- Criminal
- Offense Classification
- Misdemeanor
- Degree
- 1st 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.
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