If your Florida driver’s license has been suspended or revoked as a result of a DUI– or from an accumulation of points for several traffic violations, you may find yourself inconvenienced in many areas of your life. Picking up the kids becomes a task. Driving to the grocery store requires you to call in favors.
However, DUI arrests and other traffic violations are more than a minor inconvenience. DUIs and serial traffic offenses on your record could lead to a permanent loss of your license in addition to jail time and expensive fines.
If you have had your license suspended due to these types of offenses, you will need the help of a defense attorney to get it back and move on with your life.
Miami criminal defense attorney Evan A. Hoffman of The Hoffman Firm can help you get your license back. Mr. Hoffman has helped hundreds of citizens in South Florida, and across the state, regain their driving privileges and pursue a suspended license defense, even those with multiple suspensions and traffic violations.
The Hoffman Firm will walk you through the hearing process and aggressively represent you and your case before the Florida DMV. With years of experience as a defense attorney, Evan A. Hoffman is familiar with the courtroom and is prepared to advocate for you aggressively to drop or reduce your charges.
If you have had your license suspended due to a DUI charge or repetitive traffic violations, call The Hoffman Firm at (305) 249-0090, or fill out our online survey to plan a free consultation. This firm represents clients in Miami-Dade County, North Miami, Ft. Lauderdale and neighboring communities.
- The suspension process
- Penalties for driving under a suspended license
- Habitual offenders
- More information on suspended licenses in Florida
The Suspension Process
§322.27 grants the department the right to suspend a license or identification card of anyone without a preliminary hearing upon a showing of records or sufficient evidence that the cardholder has done any of the following:
- Is convicted of a violation of any traffic law resulting in a crash which caused death or personal injury of another or property damage in excess of $500;
- Is incompetent to operate a motor vehicle;
- Permitted illegal or fraudulent use of the license or has knowingly been a party to the obtaining of a license by fraud or misrepresentation or to the display, or representation as one’s own, of a driver license or identification card not issued to him;
- Committed an offense in another state which, if committed in this state, would be grounds for suspension or revocation;
- Committed a second or subsequent violation of s. 316.172(1) within a five-year period of any previous violation.
An arrest for DUI in Florida results in automatic and immediate suspension of the accused’s driver’s license. This penalty is in addition to the punishments for drunk driving. Once the arresting law enforcement officer issues your temporary driving permit, you are able to drive until the hearing before the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
Penalties for Driving with an invalid License
Under §322.34, a person found guilty of driving with a suspended license may face any of the following consequences:
- First conviction- second-degree misdemeanor;
- Second conviction- first-degree misdemeanor; or
- Third or subsequent conviction- third-degree felony
Driving under suspension then being arrested for DWLS (Driving While License is Suspended) may result in the existing suspension being extended, or the license could be taken away permanently.
Florida Code §322.264 defines a habitual traffic offender as any person whose record shows an accumulation of any of a specific number of convictions for offenses described in subsection (1) or subsection (2) within a five year period.
Three or more convictions of any or one of the following offenses arising out of separate actions:
- Voluntary or involuntary manslaughter resulting from operation of a motor vehicle;
- Any violation of s. 316.193, former s. 316. 1931, or former s. 860.01;
- Any felony committed while using a motor vehicle;
- Driving a motor vehicle with a suspended license;
- Failing to stop and give aid as required by state law in the event of a crash resulting in death or personal injury of another; or
- Driving a commercial motor vehicle while his privilege is disqualified.
Often, what the state considers a habitual offender is someone whose status started with one charge: for example reckless driving, or speeding. If they accumulate violations, without settling their tickets, over time their license is suspended.
More Information on Suspended License in Florida
Online Sunshine- Find Florida’s license suspension requirements and penalties in their entirety.
DMV.org- Search this site to find information on traffic fine fees, traffic hearings, and appeals for judgments on traffic offenses.
That situation may sound hopeless, but it isn’t. Evan A. Hoffman will tirelessly research the unique web of past actions that led to your driver’s license being suspended. If any relief is possible, including getting a valid license issued to you so that your troubles aren’t compounded, Mr. Hoffman will seek it out.
If you have lost your Florida license and registration because of a DUI or multiple traffic offenses in South Florida, contact criminal defense attorney Evan A. Hoffman and The Hoffman Firm at (305) 249-0090 to discuss the possibility of suspended driver’s license restoration.
This firm operates out of Miami and serves those in Miami-Dade County, North Miami, and surrounding areas.