Having your license suspended or revoked can create enormous hardships in your life. However, under Florida law, the state can suspend your license for a wide range of reasons. A suspended license lawyer from The Ticket Fighter Law Firm can help you fight your suspension and pursue reinstatement. Contact us to review your case and learn how we can help you fight the state for your driver’s license.
Understanding Florida Driver License Suspensions
Driver’s licenses are considered privileges. This means that you are not legally entitled to have a driver’s license. Instead, the state has complete control over whether you have the right to operate motor vehicles on public roads. As such, the state can suspend or revoke any driver’s license for any reason, as long as it gives the driver due process.
Driver’s license suspensions can occur in two ways:
Court-Ordered Suspension
A court can order a suspension for two primary reasons. First, a court can order a suspension as part of a sentence for certain crimes. For example, a DUI serious bodily injury conviction can trigger a suspension.
When a driver’s sentence includes a suspension, the court clerk forwards a copy of the court’s order suspending his or her license to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). The FLHSMV suspends the driver’s license according to the court’s instructions.
Administrative Suspension
Administrative suspensions are initiated and enforced by the FLHSMV. In other words, a court order is not required for an administrative suspension. Instead, the FLHSMV acts on information it has without going to court first. A Florida point system suspension falls into this category of Florida DMV license suspension.
Triggers for Multiple License Suspensions
How many times can your license be suspended in Florida? The FLSHMV can suspend your license any time a court orders a suspension, or you meet the criteria for an administrative suspension. There is no limit on repeated license suspension in Florida.
For example, suppose the state suspended your license for refusing a law enforcement officer’s request for a breathalyzer test. If you receive a speeding ticket the day your license is reinstated, you could lose your license again for having too many points.
Suspensions can also be extended for driving during the suspension period. Driving on a suspended license is a crime and, upon conviction, may result in an additional suspension or even a revocation of the person’s license.
The types of violations and offenses that lead to mandatory permanent revocation include the following:
- Murder involving the operation of a motor vehicle
- DUI manslaughter
- A fourth DUI conviction
A mandatory revocation with the possibility of reinstatement can be imposed in the following cases:
- Vehicular manslaughter
- DUI
- Felonies involving motor vehicles, such as eluding police
- Hit and run resulting in death or personal injury
- Perjury in a vehicle title
- Three convictions for reckless driving within 12 months
- Lewdness or prostitution convictions involving motor vehicles
- Fraud against an auto insurance company
Additionally, courts have the discretion to revoke a license upon conviction of any other serious traffic offense.
The reasons your license can be suspended in Florida cover an even wider range of grounds, some of which have nothing to do with driving, including the following:
- Failure to pay child support
- Driving without mandatory insurance
- Failing to satisfy all court conditions for certain traffic violations, including having unpaid traffic tickets
- Failing to pay all court costs and fines in a criminal case
- Violating the state’s implied consent law by refusing drug or alcohol testing during a DUI stop
- Exceeding the point thresholds for license suspension
Finally, the FLHSMV can revoke the licenses of habitual traffic offenders. The definition of a habitual traffic offender indirectly answers the question, “How many times can your license be suspended in Florida?” The FLSHMV identifies habitual traffic offenders based on driving records. If a driver’s record has any of the following within five years, the FLSHMV can revoke their license for five years:
- Three major violations
- Fifteen moving violations
Major offenses include DUI, vehicular manslaughter, driving on a suspended license, hit and run, and operating a commercial motor vehicle without a license. Moving violations include speeding, following too closely, or any other violation that may result in a citation.
Legal Framework Governing Suspension Frequency
Under the Constitution’s due process clause, you will always have notice of the suspension and an opportunity to defend yourself. When you face a criminal charge that could result in license suspension, you can defend yourself against a suspension in two ways.
First, you can beat the charges. For example, if you were arrested for DUI, you can provide proof that you did not commit a DUI because, for example, the alcohol testing equipment was faulty.
Second, you can argue that your sentence should not include a license suspension. Thus, your license suspension attorney might persuade a judge not to suspend your license upon a first conviction for reckless driving if no one was hurt.
If you face an administrative suspension, you will go through a different process to fight the suspended license penalties in Florida. Under Florida license suspension rules, you will receive a notice of suspension. The notice will explain the reason for it and identify your options for responding.
In most cases, you can request an informal or formal review of the suspension. If you request a review of your suspension, you and your attorney will need to provide proof that you did not commit the alleged violation.
For example, if the FLHSMV has threatened to suspend your license for not complying with Florida insurance requirements, you can provide proof of insurance. Similarly, if you face a traffic ticket license suspension in Florida, you can submit evidence that you did not receive the tickets alleged against you.
Additionally, you may request a hearing. The hearing is similar to a mini-trial where you and your lawyer present evidence that you did not commit the alleged violation or that the remedy for the alleged violation does not include license suspension.
Duration and Conditions of Driving Privilege Suspensions
How long does a license suspension last in Florida? If the FLHSMV suspends your license, it will inform you of the suspension period. This period is set by Florida driver’s license suspension laws.
For example, a points suspension period depends on how many points you received. If you have 12 points in 12 months, your license is suspended for 30 days. If you have 18 points in 18 months, your license is suspended for three months. If you accrue 24 points in 36 months, FLHSMV suspends your license for one year.
During this period, you may not operate motor vehicles. However, you may be eligible to seek a hardship license that allows you to operate a vehicle for employment or business purposes. This hardship license is granted when you prove necessity. For example, if you live alone and attend college, you may seek a hardship license to commute between your home and school.
When applying for a hardship license, keep two facts in mind. First, hardship licenses are not allowed for certain suspensions. For example, a habitual traffic offender is not eligible for a hardship license until they have completed at least one year of their five-year revocation period.
Second, the state is not required to issue hardship licenses. Instead, the Board of Administrative Reviews can deny an application if you do not prove necessity. They normally grant hardship licenses, and in my 20+ years, I have only encountered one denial, which occurred when the client lied about a trivial matter on the application.
If you receive a hardship license, you must follow its restrictions. If you violate the license’s terms, the state can revoke your hardship license and extend your suspension period.
Administrative and Reinstatement Procedures When You Have a License Suspended
The main difference between license revocation vs. suspension in Florida is the reinstatement process after the suspension or revocation period expires. The Florida driver’s license reinstatement after suspension process includes the following steps:
- Take an advanced driver improvement course
- Pay a reinstatement fee
- Submit proof that you complied with any additional reinstatement conditions
By contrast, revocations can be more difficult to overcome. While a suspended license may be reinstated online, you and your attorney may need to petition your local Administrative Reviews Office for reinstatement after a revocation.
The review board will look at factors such as the original grounds for the revocation and whether you committed any other violations during the revocation period, such as driving on a revoked license.
Additionally, the board may expect you to take the advanced driver improvement course, pay a reinstatement fee, and prove that you paid all fines and court fees associated with the underlying offenses. Unlike a suspension reinstatement that is often granted automatically, a revocation reinstatement may be denied by the board.
Reducing Risk and Seeking Assistance After Having Your Driver’s License Suspended or Revoked
How many times can your license be suspended in Florida? There is no limit to the number of suspensions you can receive. However, multiple license suspensions in Florida increase the likelihood that you will be identified as a habitual traffic offender and receive an extended revocation.
A lengthy loss of your driving privileges due to multiple suspensions or revocations can create financial difficulties. Our attorneys have the experience to fight for your license and identify alternative solutions, such as a hardship license. Contact us to learn about your options for defending against a driver’s license revocation or suspension.