What Causes HTO and the Difference Between Knowingly and Unknowingly Driving on a Suspended License
In Florida, having your driver's license suspended is serious—but being labeled a Habitual Traffic Offender (HTO) can completely change your life. This designation leads to a five-year driver’s license revocation, and it often happens faster than people realize. Many drivers don’t know they’re at risk until it’s too late.
In this post, we’ll explain:
- What an HTO suspension is
- What can cause it
- The difference between knowingly vs. unknowingly driving with a suspended license
- What you can do if you’re facing an HTO status
What Is a Habitual Traffic Offender (HTO) Suspension in Florida?
Florida law allows the Department of Highway Safety and Motor Vehicles (DHSMV) to label someone a Habitual Traffic Offender under Fla. Stat. § 322.264 if they accumulate certain convictions within a 5-year period.
Once labeled HTO, the person’s license is revoked for 5 years under Fla. Stat. § 322.27(5).
What Triggers HTO Status?
There are two main ways to be classified as an HTO:
1. Three or More Convictions Within 5 Years of Any of the Following:
- Driving While License Suspended or Revoked (DWLSR) – Fla. Stat. § 322.34
- DUI
- Vehicular manslaughter
- Leaving the scene of an accident involving injury or death
- Using a motor vehicle in the commission of a felony
- Driving a commercial motor vehicle with a disqualification
2. Fifteen Moving Violations Within 5 Years
These must be violations that carry points, such as speeding, reckless driving, or running red lights.
DWLSR: Knowingly vs. Unknowingly
One of the most common paths to HTO status is multiple convictions for Driving While License Suspended or Revoked (DWLSR). But there's a crucial distinction in Florida law between doing it knowingly and unknowingly.
1. Knowingly DWLSR – Criminal Charge
- Statute: Fla. Stat. § 322.34(2)
- What It Means: The person knew their license was suspended or revoked and drove anyway.
- Penalty:
- First offense: 2nd-degree misdemeanor (up to 60 days jail)
- Second offense: 1st-degree misdemeanor (up to 1 year)
- Counts Toward HTO Status? YES
Example: You receive a letter from DHSMV stating your license is suspended for failure to pay a ticket. You get pulled over and admit you knew your license was suspended. That conviction will count toward HTO.
2. Unknowingly DWLSR – Non-Criminal Infraction
- Statute: Fla. Stat. § 322.34(1)
- What It Means: You drove while your license was suspended, but you didn’t know.
- Penalty: Civil infraction (similar to a traffic ticket)
- Counts Toward HTO Status? Yes if convicted
Example: You move and don’t get a notice that your license was suspended for missing child support payments. You get pulled over and genuinely didn’t know. If cited under § 322.34(1), it’s a civil violation and does count toward HTO, if you are convicted of it.
Why This Difference Matters So Much
Here’s the big takeaway:
- Three “knowingly” DWLSR convictions in five years = HTO and a five-year revocation.
- But civil, “unknowingly” violations will count only if they are convictions.
That’s why it’s essential to fight all DWLRS.
Can You Fix an HTO Suspension?
Yes—in many cases, with the help of a criminal defense lawyer. Here’s how we help clients:
- Review your driving record for qualifying convictions
- Vacate or modify prior convictions that led to HTO status (e.g., amend the statute after plea withdrawal or set aside conviction)
Common Pitfalls That Lead to HTO
- Pleading guilty to criminal DWLSR tickets without understanding the consequences
- Ignoring unpaid tickets or court notices
- Paying DWLSR civil tickets without advice of counsel
- Driving on a suspended license without checking your status
Final Thoughts from a Florida Criminal Defense Attorney
HTO suspensions are preventable—but only if you understand how Florida law works. A few bad decisions or misunderstandings can lead to years without a license, potential jail time, and serious damage to your personal and professional life.
If you’ve been charged with DWLSR or believe you’re at risk of HTO status, don’t wait. There are often ways to correct or reduce past convictions and keep your record clean.
Call our office today for a consultation and let’s protect your license—and your future.