Driving Without a Valid (or on a Suspended) License in Florida

Like in other states, it's unlawful to drive without a valid license in Florida. This article explains what constitutes driving without a license and the penalties for a violation.

Driving Without a License in Florida

Generally, every person who operates a motor vehicle on Florida highways must possess and be able to display a valid driver's license. (Fla. Stat. Ann. § 322.03.)

Penalties for Driving Without a Florida License in Your Possession

The failure to display a valid license upon the request of an officer normally results in a driving-without-a-license citation. However, if the driver can produce a driver's license that was valid at the time of the citation, the court clerk can dismiss the ticket and collect a dismissal fee of up to $10 from the driver. If the ticket isn't dismissed, the fine is $30.

Penalties for Unlicensed Driving in Florida

Driving without a valid license is a misdemeanor in Florida. A conviction carries a fine of up to $500 and a maximum of 60 days in jail. However, eligible motorists can resolve the citation by obtaining a license and paying a $25 court assessment fee. But this option is only available if the driver has not resolved another citation this way in the past 12 months.

Persons Who Are Exempt From Florida's Driver's License Requirement

Certain persons, such as non-residents and military personnel, may be exempt from driver's license requirements.

Driving While Suspended or Revoked in Florida

A person who operates a vehicle while on a suspended, restricted, or revoked license may face jail time, fines, and vehicle impoundment. (Fla. Stat. Ann. § 322.34.)

Penalties for a First Driving While Suspended or Revoked Offense in Florida

A first driving-while-suspended offense will result in up to 60 days in jail and a maximum $500 fine.

Penalties for a Second Driving While Suspended or Revoked Offense in Florida

A second conviction will result in up to one year in jail, a maximum $1,000 fine, and vehicle impoundment.

Penalties for a Third Driving While Suspended or Revoked Offense in Florida

Any third or subsequent offense is considered a felony, subject to a maximum five-year prison sentence and up to $5,000 in fines. If the three offenses occurred within a five-year period, the driver can be deemed a habitual violator, resulting in a five-year license revocation as well as increased prison time and fines.

Florida Imposes Less Serious Penalties if the Driver was Unaware of the Suspension

Florida actually has a separate offense for driving while suspended if the driver did not know his or her license was suspended. The offense is a moving violation, which carries a $60 penalty.

Talk to a Florida Defense Attorney

Unlicensed driving carries serious penalties, especially if the offense involves driving on a suspended or revoked license. Anytime you're facing a criminal charge, you should have good legal representation. An experienced defense attorney can explain the law and help you decide on the best course of action.