When Can a Florida Judge Suspend Your Driver’s License in a Criminal Case?
Judges Can Suspend a License Only When the Authority is “Conferred by Law”
For many people in Florida, the ability to drive is essential. Losing a driver’s license can affect employment, family responsibilities, and daily life. When someone is charged with a criminal offense involving a vehicle, a common concern is whether the judge can suspend their driver’s license. The answer begins with Florida’s general sentencing statute.
Florida Statute §775.082(7) provides that a court may suspend a driver’s license only when that authority is specifically conferred by law. This means a judge does not have unlimited authority to suspend someone’s driving privileges simply because a criminal offense occurred. Instead, the Florida Legislature must specifically authorize the suspension in a statute. As a result, license suspensions in criminal cases occur only in specific circumstances identified by Florida law.
Administrative Suspensions vs. Court-Ordered Suspensions
It is important to distinguish between suspensions imposed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and those imposed by a criminal court judge.
DHSMV has authority to suspend driver’s licenses administratively for reasons such as DUI breath or blood test refusals, excessive points on a driving record, failure to maintain insurance, failure to pay traffic citations, and failure to appear in traffic court. These suspensions occur outside of the criminal sentencing process.
A judge may suspend or revoke a driver’s license only when a criminal statute authorizes it. These suspensions occur as part of a criminal sentence after a conviction. Below are the most common and lesser-known situations where Florida courts may suspend a driver’s license.
DUI and Alcohol-Related Offenses
Driving Under the Influence – §§316.193 and 322.28
The most common court-ordered suspension arises from a DUI conviction. Under §322.28, the court must revoke a driver’s license after a DUI conviction. Typical revocation periods include 180 days to 1 year for a first DUI, a 5-year revocation for a second DUI within five years, a 10-year revocation for a third DUI within ten years, and permanent revocation for a fourth DUI. More serious DUI offenses, including DUI manslaughter or DUI causing serious bodily injury, also require lengthy license revocations. It is important to remember that these suspensions occur separate and apart from the administrative suspension that occurs as a result of a BAC above .08, or a refusal to submit to testing. Thus, in many DUI conviction cases, a person suffers two driver’s license revocations.
Leaving the Scene of a Crash
Leaving the Scene with Injury or Death – §316.027
Florida imposes strict penalties for drivers who leave the scene of a crash involving injury or death. Under §316.027, a conviction results in a minimum three-year driver’s license revocation.
Street Racing
Racing on Highways – §316.191
Street racing and similar conduct can also result in license revocation. Under §316.191, the court must revoke a driver’s license for one year for a first conviction, two years for a second conviction within five years, and four years for a third conviction within five years.
Fleeing or Attempting to Elude Law Enforcement
§316.1935
A conviction for fleeing or attempting to elude a law enforcement officer can also result in a license revocation. Under §316.1935, the court may revoke a driver’s license for one to five years depending on the severity of the offense.
Criminal Traffic Violations Causing Serious Injury or Death
§322.27(6)
A lesser-known statute allows courts to suspend licenses when a traffic violation results in a serious crash. Under §322.27(6), the court may suspend the driver’s license of a person convicted of a violation of Chapter 316 if the offense caused or contributed to a crash resulting in death or serious bodily injury.
Theft Offenses and Driver’s License Suspension
Retail Theft – §812.0155
Florida law authorizes license suspension for certain theft-related offenses. Under §812.0155, courts may suspend or delay the issuance of a driver’s license following certain theft convictions, particularly for offenders under 18 years old.
Prostitution Offenses Involving Vehicles
§796.07
Florida law also permits driver’s license suspension for prostitution-related offenses when a vehicle is involved. Courts may suspend a defendant’s driver’s license if a motor vehicle was used in the commission of the offense.
Failure to Maintain Required Insurance
§316.646
Drivers in Florida must maintain financial responsibility. Under §316.646, a court may suspend a driver’s license and vehicle registration if a person is convicted of operating a motor vehicle without required insurance coverage. In some cases, DHSMV may impose the suspension administratively after receiving notice of the conviction.
Passing a Stopped School Bus (Repeat Offenses)
§316.172
Passing a stopped school bus is treated as a serious traffic offense in Florida. Under §316.172, a second conviction within five years may result in a driver’s license suspension of 90 days to six months.
Juvenile Drug Offenses
§322.056
Florida law allows license suspension for minors convicted of certain drug offenses. Under §322.056, the court may suspend the driver’s license or delay the issuance of a license for individuals under 18 who are convicted of drug possession offenses.
Failure to Comply With Traffic Court Orders
§322.245
Courts may direct DHSMV to suspend a driver’s license when a person fails to comply with a traffic court order, such as failing to appear in court, failing to pay traffic fines, or failing to complete required traffic school.
A “Catch-all” Provision that Authorizes the Court to Issue Suspensions?
Florida Statute §322.27(2) authorizes the department to suspend the driving privilege of any person who has been convicted of any law in the State of Florida governing the operation of motor vehicles, upon the direction of the Court, where the Court “feels that the seriousness of the offense and the circumstances surrounding the conviction warrant the suspension of the licensee’s driving privilege.” This statute was previously considered by the Florida Attorney General. In an informal advisory opinion, the Florida AG advised, “This section does not independently authorize a court to revoke the driving privilege of any driver; rather, it expands those offenses for which the department may revoke a license or driving privilege.” (Emphasis added). Likewise, Florida Courts have found that this statute does not provide blanket authority of judges to suspend driver’s licenses, but does provide jurists with an opportunity to forward the record of the conviction and factual basis showing the use of a motor vehicle in connection with the” crime. See Mandile v. State, 547 So.2d 1062 (Fla. 2d DCA 1980); see also Spera v. State, 556 So.2d 487 (Fla. 2d DCA 1990) (reversing a Court ordered suspension under F.S. 322.27(2)).
Why Understanding These Laws Matters
Many people assume that a judge can suspend a driver’s license whenever a criminal offense involves a vehicle. However, Florida law is much more specific. Under §775.082(7), courts may suspend a driver’s license only when that authority is clearly provided by statute. Because license suspensions can affect employment, daily life, and future criminal exposure, it is important to understand the potential consequences of any criminal charge involving a motor vehicle.
Speak With a Tampa Bay Criminal Defense Attorney
If you are facing a DUI, traffic offense, or criminal charge that could affect your driver’s license, it is important to understand your legal options. The Sullivan Law Firm represents clients throughout the Tampa Bay area in cases involving DUI, criminal defense, serious traffic offenses, and personal injury matters. We offer free consultations and will help you understand how a criminal charge may affect your driver’s license. Call our office at 727-855-3847 to schedule a consultation.
