If you’ve been labeled a Habitual Traffic Offender (HTO) in Florida, you’re likely overwhelmed and frustrated — and with good reason. An HTO suspension results in losing your driver's license for five years, severely impacting your job, your family, and your freedom to get around.
As a Florida criminal defense attorney, I help drivers across the state fight HTO suspensions and protect their driving privileges. Here are the most common questions people ask when facing this serious issue:
1. What Is a Habitual Traffic Offender (HTO) Suspension in Florida?
Under Florida Statute § 322.264, the Department of Highway Safety and Motor Vehicles (DHSMV) can classify you as a Habitual Traffic Offender if you accumulate certain traffic-related convictions within a 5-year period, including:
✔️ Three or more convictions for major offenses like DUI, Driving While License Suspended (DWLS), or Vehicular Manslaughter (remember civil DWLSRs count as well).
✔️ Fifteen or more moving violations that add points to your license
Once classified as an HTO, your license is revoked for five years, and driving during that period is a felony offense.
2. How Do I Know if I’ve Been Designated as an HTO?
Many people aren’t immediately aware they’ve been labeled an HTO. You may receive a notice from the Florida DHSMV, but frequently people find out when they’re stopped by law enforcement or try to renew their license.
If you suspect you’ve been designated as an HTO, you should request your driving record from the DHSMV and contact a criminal defense lawyer to review your case.
3. Can I Fight or Reverse an HTO Suspension?
Yes — in many cases, an experienced attorney can help challenge or reverse an HTO suspension. Possible legal options include:
✔️ Reopening or vacating prior traffic convictions
✔️ Identifying improper or unlawful convictions that contributed to HTO status
✔️ Filing legal motions to challenge the suspension
✔️ Applying for a Hardship License, if eligible
Every case is different, so it’s critical to have your situation reviewed by a knowledgeable traffic defense attorney.
4. Am I Eligible for a Hardship or Business Purposes Only (BPO) License?
In some cases, after serving one year of the HTO suspension, you may be eligible to apply for a Hardship License, which allows limited driving for work, school, medical needs, or religious purposes.
However, eligibility depends on the specifics of your driving record, and the application process has become very long.
5. What Happens if I Get Caught Driving with an HTO Suspension?
Driving with a revoked license due to HTO status is a third-degree felony under Florida law. Penalties can include:
✔️ Up to 5 years in prison
✔️ Up to $5,000 in fines
✔️ Felony conviction on your permanent record
If you've been charged with driving while your license is revoked as an HTO, it's crucial to consult an experienced criminal defense attorney immediately to protect your rights.
Facing an HTO Suspension? Don’t Wait — Get Legal Help Now
An HTO suspension can turn your life upside down — but you have legal options.
Call us today for a confidential consultation.
We’ll explain your rights, evaluate your driving record and explain your options, and how to work toward restoring your driving privileges.