Driving While License Suspended or Revoked
Driving while a driver license or driving privilege is canceled, suspended, revoked, or disqualified.
Florida Statute
§ 322.34
Driving while license suspended, revoked, canceled, or disqualified
Verified against the 2026 Florida Statutes: September 14, 2026
Quick Summary
Knowledge, prior convictions, habitual-traffic-offender status, and resulting injury or death determine whether the conduct is civil, misdemeanor, or felony.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Without Knowledge
F.S. § 322.34(1)
Driving while canceled, suspended, or revoked without knowledge is generally a noncriminal traffic infraction.
Knowing—First Conviction
F.S. § 322.34(2)(a)
Knowing first violation.
Knowing—Second Conviction
F.S. § 322.34(2)(b)
Knowing second violation.
Knowing—Third or Subsequent Conviction
F.S. § 322.34(2)(c)
Knowing third or subsequent violation.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
All required
The defendant drove a motor vehicle upon a Florida highway while the defendant's license or driving privilege was canceled, suspended, revoked, or disqualified.
Plain language: Prove driving and the operative license status.
- Element 2Conditional
Criminal and enhanced tracks
For a criminal knowing-violation track, the defendant knew of that status; any prior conviction, habitual-traffic-offender status, commercial status, injury, or death used to enhance the charge must also be proven.
Plain language: Unknown suspension is treated differently; document knowledge and enhancements.
Jury Instructions
Jury Instructions
Instruction 28.11
Driving While License or Driving Privilege Suspended, Revoked, or Canceled With Knowledge
Use for the applicable knowing DWLSR track under F.S. § 322.34.
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 28.11(a)
Driving While Designated as a Habitual Traffic Offender
Use for the applicable habitual-traffic-offender track.
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 28.11(b)
Driving a Commercial Motor Vehicle While License or Driving Privilege Canceled, Suspended, Revoked, or Disqualified
Use for the applicable commercial-motor-vehicle licensing-status track.
View Official InstructionVerified against the official instruction source: September 14, 2026
Additional Notes
Additional Notes
Knowledge Matters
A person whose suspension is unknown is not automatically on the same criminal track as a knowing violation. Check the driving record, notice methods, admissions, priors, and the exact subsection.