DWLSR — qualifying third/subsequent felony
Florida Statute § 322.34(2)(c)
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
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.
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
- 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
- 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 →