Driving While License Revoked or Suspended

If you are charged with driving while license revoked or suspended, you need an
aggressive & experienced Florida Keys attorney at your side in Key West, Marathon and Plantation Key.  Florida Keys & Key West Lawyers will fight for your rights and defend your Florida, or out of state, driver’s license through the court system.

Determine the Status of Your Driver’s License

  • The Department of Highway Safety and Motor Vehicles (DHSMV) and the courts have the ability to suspend or revoke your driver’s license on a variety of grounds.
  • Sometimes, your driver’s license can be suspended without your knowing it. It’s easy to check the status of your license when you look at your driving record.

Check Your Driving Record

Your driving record report will advise you if your driver’s license is currently valid or whether it’s suspended or revoked. The record will also show points against your license and, in some cases, any accidents you have had.  You can order your driving record in one of three ways: online, in person, or through the mail.

Order Driving Record Online

  • You may order a driving record online through our authorized third-party vendor.

Order Driving Record In Person

  • Complete and notarize a Request for Personal Information if you want your personal information shown on the record.
  • Be ready to pay the $2.10 or $3.10 fee, depending on whether you want a certified copy and how far back you want to go.
  • Visit your County Clerk’s office. You may want to call in advance to see which forms of payment are accepted.

Order Driving Record By Mail

  • Write a letter asking for your record or the record of the individual you’re researching. Remember to include your full name, your date of birth, social security number, and Florida driver’s license.
  • Fill out and notarize the Request for Personal Information if you are ordering your own record and want your personal information visible on it.
  • Include a check or money order to cover the fee. It’s $2.10 for a one year history, or $3.10 to go back completely or for a certified copy.
  • If you can wait two weeks for the receipt, mail the application and fee to:
            Bureau of Records
            P.O. Box 5775
            Tallahassee, FL 32314-5775
  • To request that your record is sent by next-day delivery, send to:
            Bureau of Records
            2900 Apalachee Parkway, MS 90
            Tallahassee, FL 32399-0575
Suspended in All States?
  • If you move and have a suspended license in your old state, you won’t be able to get a new driver’s license in your new state, either. 
  • This is because of the National Driver Register (NDR) and the Driver License Compact, both of which tell other states if you’re suspended anywhere in the U.S.
Penalties for Driving on a Suspended License
  • If you drive on a suspended license, your penalties depend on the circumstances. You could be charged with a misdemeanor or a felony. The DHSMV provides a special bulletin you can download that highlights the penalties for driving on a suspended license.
  • Contact an Attorney
  • If you’re being charged with a felony for driving on a suspended license, you may want to get advice from an attorney. An experienced attorney may help lower your costs and penalties.
Obtain a Restricted License
  • Some people may have the option of getting a hardship license so they can drive to and from work. Whether you qualify depends on factors like your offense and how many points you have.
  • To find out if you qualify, you need to contact your local Administraton
  • Reviews office. To find your office, look under your county’s listing for a heading that reads “Under Suspension – Need Driver License for Work,” and a phone number to call.
  • If you need more assistance with obtaining a hardship license, seek legal advice.

Reinstating your License in Florida

When you’re allowed to reinstate your license―and the requirements you must fulfill to do so―depends on the reason for your license suspension.  Some of these scenarios may cause your insurance to jump; you may be able to get a lower rate if you shop around.  The process differs slightly from scenario to scenario, and you may want to consult an attorney before you get started. Here are a few examples:

  1.  Reinstate for Child Support Delinquency

  • To get your license back, you must become current on your support and get affidavit Form # DHSMV 73986 from the clerk of the court, child support agency, or depository.
  • Bring this and a $47.50 fee in to your County Clerk’s office.
  • If you received the affidavit before your license got suspended, the fee will be waived. Just show them the date on the affidavit to prove it.

     2. Habitual Traffic Offender

  • Your license is suspended for five years. After one year, you can ask for a hardship license from the Administrative Reviews office.
  • You must attend driver improvement. If you got a DUI, you’ll need to go to DUI school.
  • After five years, you’ll have to request a new license from the Administrative Reviews office (the same place that gave you your hardship license).

     3. Violation Resulting in Death or Personal Injury (Not a DUI)

  • Your license will be suspended for a year.
  • You’ll have to take Advanced Driver Training and an exam.
  • You’ll have to pay $35 to reinstate your license, plus license fees.

     4. Failure to Comply with Traffic Summons or Pay a Fine

  • You’ll have to pay your fines at a traffic court or online, if your county allows.
  • Bring your payment proof to a DMV office and pay a $47.50 fee.
  • Keep Your Record Clean
  • There are many ways to get your license suspended. The state has an interactive quiz that tests your knowledge of how your license may be suspended. Try it out.

In the meantime, avoid:

  • Giving False Information on a License Application
  • If you give wrong information on your driver’s license application, your license will be suspended. You may request a hearing, but if you’re found to have committed fraud, you’ll have to pay fines and wait for a period before obtaining a new license.
  • Getting Too Many Points
  • Getting citations resulting in too many point violations on your record.
                    12 points in 12 months: 30 day suspension.
                    18 points in 18 months: 3 month suspension.
                    24 points in 36 months: 12 month suspension.

Refusing to Comply with State Laws

Your license is used as a compliance tool in law enforcementIf you don’t stop for a school bus, are using tobacco if you’re under age 18, or don’t pay your child support, you can have your license suspended.

    1.  Refusing a Blood Alcohol Test

  • Under state law, you must take a blood alcohol test when you’re suspected of driving under the influence.  Your license could be suspended even if you’re innocent, if you fail to comply.

    2. Lacking Florida Insurance

  • You must have current and adequate Florida insurance with $10,000 minimum personal injury protection and $10,000 minimum property coverage to drive. If you don’t, you face a suspended license.
  • Remember, you must get your insurance from a company licensed in the state.

    3.  Ignoring Your Traffic Tickets

  • If you’ve gotten traffic tickets that you don’t pay, or if you don’t appear in court when you’re supposed to, your driver’s license can get suspended. 
  • Your signing the ticket when you receive it means that you’re acknowledging you will take care of the ticket.

     4.  Getting a DUI

  • A DUI results in an automatic suspension. How long the suspension lasts depends on how many times it’s happened. 
  • Suspension times vary from 180 days to permanent revocation.