DWLSR/no DL causing death or serious bodily injury
Florida Statute § 322.34(6)
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
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.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Driver License
- Type
- Criminal Traffic
- Civil / Criminal
- Criminal
- Offense Classification
- Felony
- Degree
- 3rd Degree
- Points
- 0
- Fine / Penalty
- Court determined
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
- No — felony
- 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 →