Driving on a Revoked License After a Florida DUI

By Jonathan Blecher on January 23, 2017

In Florida, driving under the influence (DUI) is criminalized under Section 316.193 of the Florida Statutes. Under this section, a first DUI is punishable by fines, imprisonment, community service, probation, and let us not forget…driver’s license revocation.

As a defense attorney who has been practicing DUI defense for over 30 years, I can say that all DUI defendants have a difficult time dealing with the license revocation associated with a DUI conviction.

The driver’s license revocation period for a first DUI conviction is a minimum of six months to a maximum of one year – and that’s only for a first DUI offense. The revocation period for a second Florida DUI within 5 years is a minimum of 5 years!

All too often, Miami drivers are convicted of driving under the influence of alcohol or drugs, even lawfully prescribed drugs, and their license is subsequently revoked for up to one year.

Instead of taking public transportation, or getting a new job that’s close to home, they’ll break down and drive on a revoked license after their DUI – bad idea and I’ll explain why momentarily.

If you live in Florida, you’re probably aware that Florida has some of the toughest laws in the nation, and driving on a suspended or revoked license is NO exception. If your license is revoked after a DUI and you’re caught driving anyway, you’ll face new criminal charges under Section 322.34 of the Florida Statutes.

Penalties for Driving on a Revoked License

You commit the offense of driving while license suspended or revoked under Sec. 322.34 when you drive on the public roadways while your Florida license is canceled, denied, suspended, or revoked for any reason, including DUI.

Driving on a suspended, revoked, or otherwise “invalid” driver’s license in Florida is a misdemeanor of the second degree. A first offense is punishable by:

  • Up to 60 days in jail
  • Up to a $500 fine

If this is your first DUI in Florida, you don’t want to end up being charged under Sec. 322.34, nor do you want a DUI conviction in the first place. The good news is, you may be able to avoid many of the negative consequences of a DUI by participating in the Back on Track Program, which is a great program for first-time DUI offenders.

If you’re concerned about losing your license and aren’t sure how you would get by without it, contact my firm to learn more about the Back on Track Program and how I can help you!

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