I’m Tampa criminal defense attorney Rocky Brancato. With more than 25 years defending criminal cases in Hillsborough County, an AV Preeminent rating from Martindale-Hubbell, Super Lawyers recognition, and more than 150 jury trials to verdict, I have defended hundreds of DWLS cases — from simple misdemeanors to felony habitual traffic offender charges.

How Does Florida Define Driving While License Suspended?

Florida Statute §322.34 creates two distinct categories of DWLS. The first category under subsection (1) applies when a person drives on Florida’s highways with a suspended, revoked, or canceled license — but without knowledge of the suspension. This is a noncriminal traffic infraction. The second and more serious category under subsection (2) applies when the person drives with knowledge of the suspension. Knowledge transforms a traffic ticket into a criminal charge.

The “knowledge” element is the critical dividing line. The State can prove knowledge in three ways: the person received a prior citation for DWLS under subsection (1), the person admits to knowing about the suspension, or the person received notice of the suspension as provided under the statute. Because of this, the State has a rebuttable presumption of knowledge if a prior suspension order appears in the Department of Highway Safety and Motor Vehicles (DHSMV) records — unless the suspension was for failure to pay a fine or a financial responsibility violation.

Florida Statute §322.34: DWLS without knowledge is a noncriminal traffic infraction. DWLS with knowledge is a second-degree misdemeanor on a first offense and a first-degree misdemeanor on a second. A third or subsequent conviction becomes a third-degree felony if the current or most recent prior suspension was related to DUI, test refusal, a traffic offense causing death or serious bodily injury, or fleeing and eluding. At The Brancato Law Firm, P.A., we defend DWLS charges at every level throughout the 13th Judicial Circuit.

What Are the Penalties for DWLS in Florida?

The penalties depend on the defendant’s knowledge and criminal history:

Warning — Habitual Traffic Offender Status: DWLS charges become even more serious for individuals classified as “habitual traffic offenders” under §322.264. A person who accumulates three or more major traffic offenses within a 5-year period — including DUI, fleeing and eluding, or DWLS with knowledge — may receive a 5-year license revocation. Driving during this revocation period is a third-degree felony under §322.34(5), regardless of whether the underlying suspensions involved DUI or other qualifying offenses. At The Brancato Law Firm, P.A., we challenge habitual traffic offender designations and fight to prevent felony prosecution.

What Are the Most Common Reasons for License Suspension?

Understanding why your license was suspended is the first step in building a defense. In Hillsborough County, the most common reasons for suspension include: DUI convictions or administrative suspensions following a DUI arrest, accumulation of too many points on your driving record, failure to pay traffic fines or court costs, failure to maintain auto insurance (financial responsibility violations), failure to appear in court, and failure to complete a court-ordered program such as DUI school or community service. Many of these suspensions happen without the driver’s actual knowledge — particularly when DHSMV sends notice to an outdated address. Because of this, “lack of knowledge” defenses arise frequently in DWLS cases.

In addition, child support delinquencies can trigger license suspension under §322.058. The Department of Revenue notifies DHSMV when a parent falls behind on support payments, and the suspension takes effect automatically. Many people learn about this type of suspension only after a traffic stop — which means the knowledge element may be absent from the start.

How Do We Defend DWLS Charges?

DWLS cases are among the most defensible traffic crimes in Florida. At The Brancato Law Firm, P.A., we have won DWLS cases at trial and obtained dismissals through aggressive defense strategies:

• Challenge knowledge. The State must prove you knew your license was suspended. If DHSMV sent the suspension notice to an old address, if you never received actual notice, or if the suspension resulted from an administrative error, the knowledge element fails. We subpoena DHSMV records to verify whether the department properly sent notice.
• Challenge identity. In some DWLS cases, officers charge the wrong person — particularly when someone else used the defendant’s identification. We obtain body camera footage and other evidence to confirm who was actually driving.
• Resolve the underlying suspension. Many DWLS charges arise from suspensions for unpaid fines, failure to maintain insurance, or failure to appear in court. If we can resolve the underlying issue and reinstate the license before the court date, prosecutors are far more willing to dismiss or reduce the charge.
• Challenge the prior conviction for felony enhancement. For the felony charge under §322.34(2)(c), the State must prove a qualifying prior conviction — and the prior suspension must have been related to DUI, test refusal, a traffic death, or fleeing. If the State improperly documented the prior convictions or the suspension arose from a non-qualifying reason, the felony enhancement fails.

Real Results in DWLS Cases

Case Study — Not Guilty, Felony DWLS: We represented a client charged with felony DWLS with habitual traffic offender status. The prosecution presented a redacted DHSMV record. Rocky argued to the jury that no one should trust a bureaucrat’s paper record when a man’s liberty is on the line. The jury returned a verdict of Not Guilty. Past results do not guarantee future outcomes.

Case Study — Wrong Person, Immediate Dismissal: Our client faced DWLS charges after someone else used his identification during a traffic stop. Rocky requested body camera footage, which confirmed the client was not the driver. After presenting screenshot evidence to the prosecutor the next day in court, the State immediately dismissed all charges. Past results do not guarantee future outcomes.

Case Study — Failure to Appear and DWLS Dismissed: Our client faced a failure to appear warrant and DWLS charges. Rocky discovered the client had actually appeared on the original court date, but the date changed without notice. After filing an emergency bond motion, the court released the client on his own recognizance and dismissed both charges. Past results do not guarantee future outcomes.

What Should You Do If Charged with DWLS?

If you face DWLS charges, take these steps immediately:

1. Do not admit knowledge. Officers routinely ask, “Did you know your license was suspended?” Any affirmative answer establishes the knowledge element. Politely decline to answer and ask for a lawyer.
2. Obtain your DHSMV driving record. Your driving record shows the reason for the suspension, the date DHSMV imposed it, and whether the department properly sent notice. This information forms the foundation of the defense.
3. Work to resolve the underlying suspension. If the suspension resulted from unpaid fines, lapsed insurance, or a failure to appear, resolving the issue before your court date significantly improves the outcome. An attorney can guide you through the reinstatement process.
4. Contact a defense attorney before your court date. DWLS cases often resolve favorably when the defense acts quickly. Tampa criminal defense attorney Rocky Brancato can evaluate the State’s evidence, challenge the knowledge element, and negotiate the best possible outcome.

Frequently Asked Questions About DWLS in Florida

Is driving on a suspended license a felony in Florida?
It can be. A first or second DWLS with knowledge is a misdemeanor. However, a third or subsequent conviction becomes a third-degree felony if the current or most recent suspension was related to DUI, test refusal, a traffic offense causing death or serious injury, or fleeing and eluding. In addition, driving as a habitual traffic offender is always a felony. The Brancato Law Firm, P.A. defends both misdemeanor and felony DWLS charges.

What if I did not know my license was suspended?
Lack of knowledge is a complete defense to criminal DWLS charges. If DHSMV suspended your license for an unpaid ticket, a lapsed insurance policy, or a failure to appear — and you never received notice — the State cannot prove the knowledge element. We subpoena DHSMV records to verify whether the department sent notice to your current address.

License Reinstatement and Related Issues

Can I get a hardship license if my license is suspended?
In many cases, yes. Florida allows individuals with suspended licenses to apply for a hardship license (also called a business purposes only license) that permits driving for work, school, church, and medical appointments. However, eligibility depends on the reason for the suspension. DUI-related suspensions require completion of DUI school and a waiting period before the court will grant a hardship license. Tampa criminal defense attorney Rocky Brancato can advise you on eligibility and help you through the application process.

What happens if I am caught driving after a habitual traffic offender revocation?
Driving after a habitual traffic offender (HTO) revocation under §322.34(5) is a third-degree felony — regardless of the reason for the original revocation. The State does not need to prove the revocation was DUI-related for this charge to be a felony. Furthermore, a conviction extends the revocation period and creates a permanent felony record. At The Brancato Law Firm, P.A., we challenge HTO designations and the underlying convictions that led to the classification.

Hiring a Defense Attorney

Can a DWLS charge be dismissed?
Yes — and dismissals are common in DWLS cases. If the defendant resolves the underlying suspension, proves lack of knowledge, or establishes that someone else was driving, prosecutors frequently agree to dismiss the charge. In our practice, we have obtained dismissals through body camera evidence, emergency motions, and license reinstatement. Call The Brancato Law Firm, P.A. at (813) 727-7159 for a free consultation.

You Are Reading This for a Reason — Let Us Help

A DWLS conviction — even a misdemeanor — creates a permanent criminal record and extends your license suspension. A felony DWLS conviction carries up to 5 years in prison and the long-term consequences of a felony record. However, DWLS cases are among the most defensible charges we handle. The knowledge element, the identity question, and the opportunity to resolve the underlying suspension all create pathways to dismissal or reduction.

The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have — especially when resolving the suspension before your court date can change the entire outcome.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend traffic-related charges, visit our DUI Defense practice page. You may also find our guides on What Is DUI in Florida? and What Is Fleeing and Eluding in Florida? helpful — DUI convictions and fleeing charges are the most common reasons a DWLS becomes a felony.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.

I’m Tampa criminal defense attorney Rocky Brancato. As a former police academy instructor who taught criminal procedure and courtroom testimony, I understand exactly how law enforcement is trained to handle firearm encounters — and where officers overstep their authority. With more than 25 years defending criminal cases in Hillsborough County, an AV Preeminent rating from Martindale-Hubbell, and Super Lawyers recognition, I have defended gun charges ranging from concealed carry violations to possession of a firearm during a felony.

What Is Concealed Carry Law in Florida After Permitless Carry?

In 2023, Florida passed a permitless carry law that significantly changed §790.01. Before this law, you needed a concealed weapons license (CWL) to carry a concealed firearm legally. Now, you can carry a concealed firearm without a license — but only if you meet the same eligibility criteria that would qualify you for a CWL under §790.06.

Florida Statute §790.01 (2023 Amendment): You may carry a concealed firearm without a license if you satisfy the eligibility criteria under §790.06(2)(a)-(f) and (i)-(n), (3), and (10). However, if you do not meet these criteria, carrying a concealed firearm is still a third-degree felony — up to 5 years in prison. The State bears the burden of proving both that you are unlicensed AND that you are ineligible. This is where The Brancato Law Firm, P.A. builds the defense.

Many people misunderstand the 2023 law. Permitless carry does not mean anyone can carry a concealed firearm anywhere. You must still meet every eligibility requirement — including being at least 21 years old, having no felony convictions, no domestic violence injunctions, no drug or alcohol abuse issues, and no adjudication of mental incompetence. If you fall outside any of these criteria, carrying a concealed firearm remains a felony.

When Is Carrying a Concealed Firearm Still Illegal?

Even after the 2023 permitless carry law, carrying a concealed firearm is a third-degree felony (up to 5 years in prison) if you:

• Are under 21 years old
• Have a felony conviction on your record
• Have been adjudicated mentally incompetent or committed to a mental institution
• Are subject to a domestic violence injunction
• Have a history of drug or alcohol abuse as defined by statute
• Are a fugitive from justice or are currently under indictment

Warning: Carrying a concealed weapon (not a firearm — this includes knives, billyclubs, and other weapons defined in §790.001) without meeting eligibility criteria is a first-degree misdemeanor carrying up to one year in jail. Carrying a concealed firearm without meeting the criteria is a third-degree felony carrying up to 5 years in prison. The distinction between “weapon” and “firearm” matters significantly for the severity of the charge.

In addition, Florida still prohibits carrying firearms — concealed or openly — in certain locations regardless of eligibility. These include courthouses, police stations, jails, school grounds, polling places, government meetings, and establishments that primarily serve alcohol. At The Brancato Law Firm, P.A., we evaluate every concealed carry charge by examining exactly where the weapon was found and whether the location restriction applies.

What Is Improper Exhibition of a Firearm in Florida?

Under §790.10, it is a first-degree misdemeanor (up to one year in jail) to exhibit any dangerous weapon or firearm in a “rude, careless, angry, or threatening manner” in the presence of one or more people — unless you were acting in lawful self-defense. This statute covers a wide range of conduct, from brandishing a gun during an argument to carelessly waving a firearm at a social gathering.

The key phrase is “not in necessary self-defense.” If you displayed the weapon because you reasonably believed you were in danger, the self-defense exception applies and the charge should not stand. Because I taught self-defense law at the police academy, I know exactly how officers are trained to evaluate these situations — and where their evaluations fall short. We challenge improper exhibition charges aggressively at The Brancato Law Firm, P.A..

Improper exhibition is also a common lesser included offense in aggravated assault with a deadly weapon cases. If the State cannot prove all the elements of aggravated assault, the jury may convict on improper exhibition instead — which carries significantly lower penalties.

What Are the Penalties for Gun Crimes in Florida?

Here is how the penalties break down for the most common gun charges under Chapter 790:

Florida’s 10-20-Life law (§775.087) is particularly harsh. If you possess a firearm during certain felonies, you face a mandatory minimum 10 years. If you discharge the firearm, the mandatory minimum jumps to 20 years. If someone is injured or killed, the mandatory minimum is 25 years to life. These mandatory minimums cannot be waived by the judge. At The Brancato Law Firm, P.A., we fight to keep firearm enhancements from attaching in every eligible case.

Is Open Carry Legal in Florida?

Yes — as of September 2025, open carry is legal in Florida. In McDaniels v. State (1D2023-0533, Fla. 1st DCA 2025), the First District Court of Appeal struck down Florida’s decades-old open carry ban, ruling it violated the Second Amendment. The Attorney General declined to appeal, and the ruling now stands as the law of the state.

However, open carry does not mean you can carry a firearm everywhere. Significant restrictions remain. Firearms are still prohibited in courthouses, police stations, schools, airports, polling places, and establishments that primarily serve alcohol. Furthermore, private property owners — including grocery stores, retail stores, and restaurants — have the right to prohibit firearms on their premises. If you openly carry a firearm on property where it is prohibited, you could face arrest for armed trespass, which is a felony under Florida law. At The Brancato Law Firm, P.A., we defend clients charged with firearms violations arising from the evolving open carry landscape. Read our detailed analysis: Florida Open Carry Ruling 2025: What You Need to Know.

How We Fight Gun Crime Charges in Tampa

Because I taught criminal procedure at the police academy, I know exactly how officers are trained to conduct traffic stops, Terry stops, and searches — and I know where they cut corners. Here is how we defend gun charges at The Brancato Law Firm, P.A.:

• Challenge the search. Gun charges almost always begin with a search — a traffic stop, a pat-down, or a home search. If the search violated your Fourth Amendment rights, the firearm evidence is inadmissible.
• Challenge possession. The State must prove the firearm was yours — not just nearby. If the gun was in a shared vehicle or someone else’s property, constructive possession becomes the central issue.
• Challenge eligibility. Under the 2023 permitless carry law, the State must prove you were unlicensed AND ineligible. If the State cannot prove ineligibility, the charge fails.
• Self-defense for improper exhibition. If you displayed the firearm because you reasonably believed you were in danger, the self-defense exception under §790.10 applies.
• Fight the 10-20-Life enhancement. Proximity alone does not satisfy the statute — the firearm must be connected to the felony itself.

Case Study — Cocaine and Firearm Charges Dismissed: We represented a client charged with possession of cocaine and possession of a firearm during commission of a felony. Rocky took an early morning 24/7 call and appeared at First Appearance, arguing the client’s actions did not meet the intent of the firearm statute. The judge set low bonds. Rocky then immediately engaged the intake prosecutor at the State Attorney’s Office. Result: Both charges formally dismissed within days of the arrest. Past results do not guarantee future outcomes.

Can Gun Charges Be Dropped or Reduced?

Yes — and in many cases, the defense centers on how law enforcement found the firearm:

• Illegal search or seizure. If officers found the firearm during an unlawful traffic stop, an illegal pat-down, or a warrantless search, we file a motion to suppress the evidence. Without the firearm evidence, the case collapses.
• Lack of knowledge or possession. If you did not know the firearm was present — for instance, in a borrowed vehicle or someone else’s bag — the State cannot prove knowing possession.
• Eligibility under permitless carry. If the State cannot prove you were ineligible to carry under the 2023 law, the concealed firearm charge fails.
• Pre-file advocacy. If you contact The Brancato Law Firm, P.A. before charges are filed, we can present evidence and argument to the intake prosecutor at the State Attorney’s Office, 13th Judicial Circuit. Early intervention can prevent charges entirely.

What Should You Do After a Gun Crime Arrest?

If you or someone you love has been arrested for a gun-related offense and booked at Orient Road Jail or Falkenburg Road Jail, take these steps immediately:

1. Do not explain the firearm to police. Officers will ask why you had the gun, where you got it, and whether you have a license. Anything you say becomes evidence. Stay silent until you speak with an attorney.
2. Call a defense attorney before your first appearance. Your first hearing at the Hillsborough County Courthouse happens within 24 hours. Gun charges — especially firearm felonies and 10-20-Life cases — often carry high bonds.
3. Document the circumstances. Where exactly were you when the arrest happened? Was there a traffic stop? Did officers ask permission to search? Were there witnesses? These details are critical for challenging the legality of the search.
4. Do not consent to any search. If officers ask to search your vehicle, your home, or your person, you have the right to refuse. Refusing a search is not evidence of guilt.

Frequently Asked Questions About Gun Crimes in Florida

Do I still need a concealed weapons license in Florida?

You do not need a license to carry a concealed firearm in Florida under the 2023 permitless carry law — as long as you meet the eligibility criteria under §790.06. However, obtaining a license still offers benefits: it is recognized in other states through reciprocity agreements, and it exempts you from the waiting period when purchasing a firearm. The Brancato Law Firm, P.A. defends concealed carry charges regardless of license status.

Can a felon possess a firearm in Florida?

No. Under §790.23, a convicted felon who possesses a firearm commits a second-degree felony carrying up to 15 years in prison. This prohibition applies regardless of the permitless carry law. The only way to restore firearm rights after a felony conviction is through executive clemency from the Florida Board of Executive Clemency — and approval is rare.

What is Florida’s 10-20-Life law?

Under §775.087, if you possess a firearm during certain felonies, you face a mandatory minimum 10 years in prison. If you fire the weapon, the mandatory minimum increases to 20 years. If someone is injured or killed, the minimum is 25 years to life. These mandatory minimums cannot be reduced by the judge, which is why challenging the firearm enhancement is often the most important part of the defense.

More Questions About Gun Defense

Can I carry a gun in my car without a license?

Yes, under §790.25(5), you may securely encased or not readily accessible carry a firearm in your vehicle without a license — even without meeting the permitless carry criteria. “Securely encased” means in a glove compartment, snapped holster, gun case, or closed container. However, if the firearm is readily accessible and you do not meet the eligibility criteria, you can be charged with carrying a concealed firearm.

What if the police found my gun during an illegal search?

If officers found the firearm during an unlawful search — whether a traffic stop without reasonable suspicion, an illegal pat-down, or a warrantless home search — the firearm evidence may be suppressed. Without that evidence, the gun charge cannot be prosecuted. Tampa criminal defense attorney Rocky Brancato files suppression motions in every case where the search is questionable.

Hiring a Gun Crime Defense Attorney

How does The Brancato Law Firm handle gun cases differently?

Rocky Brancato’s background as a former police academy instructor — where he taught criminal procedure and courtroom testimony — gives him a unique advantage in gun cases. He knows exactly how officers are trained to conduct stops and searches, and he knows where they deviate from that training. Combined with more than 150 jury trials to verdict and an AV Preeminent rating, The Brancato Law Firm, P.A. brings the experience needed to challenge gun charges effectively.

How much does a gun crime defense lawyer cost in Tampa?

Fees depend on the severity of the charge — a misdemeanor improper exhibition case is different from a 10-20-Life enhancement. The Brancato Law Firm, P.A. offers free, confidential consultations. Call (813) 727-7159 to discuss your case.

You Are Reading This for a Reason — Let Us Help

If you are facing gun charges in Florida, the consequences can be severe — especially if a 10-20-Life mandatory minimum is on the table. We have spent more than 25 years defending weapons charges in Hillsborough County, and we know how to challenge illegal searches, fight firearm enhancements, and protect your Second Amendment rights when prosecutors overreach.

Every day you wait is a day the prosecution builds its case. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have — including suppression motions and pre-file advocacy that may prevent charges entirely.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend serious criminal charges, visit our Violent Crimes practice page. You can also read our guide on What Is Robbery in Florida? — gun charges are frequently stacked alongside robbery, and the defense strategies often overlap.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.