Florida Statute 322.28 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.28

322.28 Period of suspension or revocation.—

(1) Unless otherwise provided by this section, the department shall not suspend a license for a period of more than 1 year and, upon revoking a license, in any case except in a prosecution for the offense of driving a motor vehicle while under the influence of alcoholic beverages, chemical substances as set forth in s. 877.111, or controlled substances, shall not in any event grant a new license until the expiration of 1 year after such revocation.

(2) In a prosecution for a violation of s. 316.193 or former s. 316.1931, the following provisions apply:

(a) Upon conviction of the driver, the court, along with imposing sentence, shall revoke the driver license or driving privilege of the person so convicted, effective on the date of conviction, and shall prescribe the period of such revocation in accordance with the following provisions:

1. Upon a first conviction for a violation of the provisions of s. 316.193, except a violation resulting in death, the driver license or driving privilege shall be revoked for at least 180 days but not more than 1 year.

2. Upon a second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for a violation of the provisions of s. 316.193 or former s. 316.1931 or a combination of such sections, the driver license or driving privilege shall be revoked for at least 5 years.

3. Upon a third conviction for an offense that occurs within a period of 10 years after the date of a prior conviction for the violation of the provisions of s. 316.193 or former s. 316.1931 or a combination of such sections, the driver license or driving privilege shall be revoked for at least 10 years.

For the purposes of this paragraph, a previous conviction outside this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other alcohol-related or drug-related traffic offense similar to the offense of driving under the influence as proscribed by s. 316.193 will be considered a previous conviction for violation of s. 316.193, and a conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 is considered a conviction for violation of s. 316.193.

(b) If the period of revocation was not specified by the court at the time of imposing sentence or within 30 days thereafter, and is not otherwise specified by law, the department shall forthwith revoke the driver license or driving privilege for the maximum period applicable under paragraph (a) for a first conviction and for the minimum period applicable under paragraph (a) for any subsequent convictions. The driver may, within 30 days after such revocation by the department, petition the court for further hearing on the period of revocation, and the court may reopen the case and determine the period of revocation within the limits specified in paragraph (a).

(c) The forfeiture of bail bond, not vacated within 20 days, in any prosecution for the offense of driving while under the influence of alcoholic beverages, chemical substances, or controlled substances to the extent of depriving the defendant of his or her normal faculties shall be deemed equivalent to a conviction for the purposes of this paragraph, and the department shall forthwith revoke the defendant’s driver license or driving privilege for the maximum period applicable under paragraph (a) for a first conviction and for the minimum period applicable under paragraph (a) for a second or subsequent conviction; however, if the defendant is later convicted of the charge, the period of revocation imposed by the department for such conviction shall not exceed the difference between the applicable maximum for a first conviction or minimum for a second or subsequent conviction and the revocation period under this subsection that has actually elapsed; upon conviction of such charge, the court may impose revocation for a period of time as specified in paragraph (a). This paragraph does not apply if an appropriate motion contesting the forfeiture is filed within the 20-day period.

(d) The court shall permanently revoke the driver license or driving privilege of a person who has been convicted four times for violation of s. 316.193 or former s. 316.1931 or a combination of such sections. The court shall permanently revoke the driver license or driving privilege of any person who has been convicted of DUI manslaughter in violation of s. 316.193. If the court has not permanently revoked such driver license or driving privilege within 30 days after imposing sentence, the department shall permanently revoke the driver license or driving privilege pursuant to this paragraph. No driver license or driving privilege may be issued or granted to any such person. This paragraph applies only if at least one of the convictions for violation of s. 316.193 or former s. 316.1931 was for a violation that occurred after July 1, 1982. For the purposes of this paragraph, a conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 is also considered a conviction for violation of s. 316.193. Also, a conviction of driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other similar alcohol-related or drug-related traffic offense outside this state is considered a conviction for the purposes of this paragraph.

(e) Convictions that occur on the same date resulting from separate offense dates shall be treated as separate convictions, and the offense that occurred earlier will be deemed a prior conviction for the purposes of this section.

(3) The court shall permanently revoke the driver license or driving privilege of a person who has been convicted of murder resulting from the operation of a motor vehicle. No driver license or driving privilege may be issued or granted to any such person.

(4)(a) Upon a conviction for a violation of s. 316.193(3)(c)2., involving serious bodily injury, a conviction of manslaughter resulting from the operation of a motor vehicle, or a conviction of vehicular homicide, the court shall revoke the driver license of the person convicted for a minimum period of 3 years. If a conviction under s. 316.193(3)(c)2., involving serious bodily injury, is also a subsequent conviction as described under paragraph (2)(a), the court shall revoke the driver license or driving privilege of the person convicted for the period applicable as provided in paragraph (2)(a) or paragraph (2)(d).

(b) Upon a conviction for a violation of s. 316.027(2)(a), (b), or (c) involving injury, serious bodily injury, or death, the court shall revoke the driver license of the person convicted for a minimum period of 3 years.

(c) If the period of revocation was not specified by the court at the time of imposing sentence or within 30 days thereafter, the department shall revoke the driver license for the minimum period applicable under paragraph (a) or paragraph (b) or, for a subsequent conviction, for the minimum period applicable under paragraph (2)(a) or paragraph (2)(d).

(5) A court may not stay the administrative suspension of a driving privilege under s. 322.2615 or s. 322.2616 during judicial review of the departmental order that resulted in such suspension, and a suspension or revocation of a driving privilege may not be stayed upon an appeal of the conviction or order that resulted in the suspension or revocation.

(6) In a prosecution for a violation of s. 316.172(1), and upon a showing of the department’s records that the licensee has received a second conviction within 5 years following the date of a prior conviction of s. 316.172(1), the department shall, upon direction of the court, suspend the driver license of the person convicted for a period of at least 90 days but not more than 6 months.

(7) Following a second or subsequent violation of s. 796.07(2)(f) which involves a motor vehicle and which results in any judicial disposition other than acquittal or dismissal, in addition to any other sentence imposed, the court shall revoke the person’s driver license or driving privilege, effective upon the date of the disposition, for a period of at least 1 year. A person sentenced under this subsection may request a hearing under s. 322.271.

(8) The court shall permanently revoke the commercial driver license of a person who is convicted of, or has entered a plea of guilty or nolo contendere to, regardless of whether adjudication is withheld, any felony involving human trafficking under state or federal law which involves the use of a commercial motor vehicle. If the court has not permanently revoked such driver license or driving privilege within 30 days after imposing a sentence, the department must permanently revoke the driver license or driving privilege pursuant to this section.

History.—s. 40, ch. 19551, 1939; CGL 1940 Supp. 4151(654); s. 40, ch. 20451, 1941; s. 2, ch. 59-95; ss. 24, 35, ch. 69-106; s. 5, ch. 72-175; s. 94, ch. 73-333; ss. 2, 3, ch. 74-248; s. 7, ch. 74-384; s. 1, ch. 75-113; s. 43, ch. 76-31; s. 3, ch. 76-153; s. 1, ch. 77-174; s. 20, ch. 80-290; s. 9, ch. 82-155; s. 4, ch. 82-403; s. 9, ch. 83-228; s. 10, ch. 84-359; s. 8, ch. 86-296; s. 4, ch. 87-167; s. 3, ch. 89-525; s. 31, ch. 91-221; s. 2, ch. 91-243; ss. 11, 24, ch. 91-255; s. 416, ch. 95-148; s. 8, ch. 96-330; s. 51, ch. 96-413; s. 12, ch. 96-414; s. 10, ch. 98-223; s. 45, ch. 99-248; s. 1, ch. 2001-189; s. 5, ch. 2002-297; s. 61, ch. 2013-160; s. 4, ch. 2014-225; s. 14, ch. 2021-187.

F.S. 322.28 on Google Scholar

F.S. 322.28 on Casetext

Amendments to 322.28

Arrestable Offenses / Crimes under Fla. Stat. 322.28

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.28.

Annotations, Discussions, Cases:

Cases Citing Statute 322.28

Total Results: 20

Kahasim Rashid Brown v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2022-09-21

Snippet: DUI conviction within the preceding five years. § 322.28(2)(a)2., Fla. Stat. (2020). Appellant’s previous

State of Florida v. Elizabeth Francis Marsh a/k/a Elizabeth Frances Marsh

Court: Supreme Court of Florida | Date Filed: 2020-12-10

Snippet: no aggravation for s. 322.27(2), or s. 322.28(2) or (4), and who by careless or negligent

Figueredo v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-28

Citation: 275 So. 3d 229

Snippet: controlled substance, as follows: Notwithstanding s. 322.28, upon the conviction of a person 18 years of age

Figueredo v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-28

Citation: 275 So. 3d 229

Snippet: controlled substance, as follows: Notwithstanding s. 322.28, upon the conviction of a person 18 years of age

JOSE BERROCALES v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 268 So. 3d 771

Snippet: license for a minimum of three years under section 322.28(4)(a), Florida Statutes. We review a trial

Boulineau v. Dep't of Highway Safety & Motor Vehicles

Court: District Court of Appeal of Florida | Date Filed: 2018-05-18

Citation: 247 So. 3d 660

Snippet: period of five years, under the terms of section 322.28(2)(a)2., Florida Statutes (2013). Our standard

State v. Miller

Court: District Court of Appeal of Florida | Date Filed: 2016-06-01

Citation: 193 So. 3d 1001, 2016 Fla. App. LEXIS 8290, 2016 WL 3066474

Snippet: to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), and who by careless or negligent operation

State, Department of Highway Safety & Motor Vehicles v. Peacock

Court: District Court of Appeal of Florida | Date Filed: 2016-02-04

Citation: 185 So. 3d 632, 2016 WL 455625

Snippet: Department reliés upon sections 322.271(5)(c) and 322.28(5), Florida Statutes (2015), in support of its

Kemar Rochester v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-06-05

Citation: 140 So. 3d 973, 2014 WL 2516154, 2014 Fla. LEXIS 1812

Snippet: the phrase “for not less than 5 years” in section 322.28(2)(a)(2), Florida Statutes (1999), established

Hobbs v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-04-02

Citation: 135 So. 3d 1124, 2014 WL 1303207, 2014 Fla. App. LEXIS 4750

Snippet: PER CURIAM. Affirmed. See §§ 322.28(2), 322.283(1), 782.071(l)(a), Fla. Stat. (2004). CRENSHAW, BLACK

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

Court: Supreme Court of Florida | Date Filed: 2013-12-05

Citation: 131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Snippet: Statute [316.655] [322.26(8) ] [322.27(2) ]_[322.28(2) ] [322.28(4) ]. b. At the time, [he][she] did not have

Stangarone v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-08-01

Citation: 94 So. 3d 652, 2012 WL 3101520, 2012 Fla. App. LEXIS 12519

Snippet: the result of the mandatory provisions of section 322.28(2)(e), but rather under the broad and discretionary

Inquiry Concerning a Judge, No. 11-551 re: Nelson

Court: Supreme Court of Florida | Date Filed: 2012-07-12

Citation: 95 So. 3d 122, 37 Fla. L. Weekly Supp. 511, 2012 WL 2849211, 2012 Fla. LEXIS 1363

Snippet: less than 180 days or more than one year. See § 322.28(2)(a)1., Fla. Stat. (2011). In addition, the trial

Crain v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-01-24

Citation: 79 So. 3d 118, 2012 Fla. App. LEXIS 812, 2012 WL 181453

Snippet: to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), and who by careless or negligence operation

Houle v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-04-28

Citation: 33 So. 3d 822, 2010 Fla. App. LEXIS 5588, 2010 WL 1692535

Snippet: , Florida Statutes (2008). Pursuant to section 322.28(4)(a), the trial court shall revoke the driving

Dawson v. State, Department of Highway Safety & Motor Vehicles

Court: District Court of Appeal of Florida | Date Filed: 2009-08-05

Citation: 19 So. 3d 1001, 2009 Fla. App. LEXIS 10811, 2009 WL 2382387

Snippet: period of revocation one yearpursuant to paragraph 322.28(2)(a), Florida Statutes, without providing a preliminary

Sayles v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-07-08

Citation: 14 So. 3d 1269, 2009 Fla. App. LEXIS 9355, 2009 WL 1940758

Snippet: revocation of his driver's license was an issue. See § 322.28, Fla. Stat. (2007). The plea form signed by Sayles

State v. Kelly

Court: Supreme Court of Florida | Date Filed: 2008-12-30

Citation: 999 So. 2d 1029, 2008 WL 5396701

Snippet: 193(2)(b)(3), 775.083(1)(c), 316.193(5), 316.193(6)(c), 322.28(2)(e), Fla. Stat. (2003). III. CONCLUSION Consistent

State v. Clayton

Court: District Court of Appeal of Florida | Date Filed: 2008-10-22

Citation: 994 So. 2d 388, 2008 WL 4643367

Snippet: provides: Notwithstanding the provisions of s. 322.28, upon the conviction of a person 18 years of age

Bolware v. State

Court: Supreme Court of Florida | Date Filed: 2008-09-18

Citation: 995 So. 2d 268

Snippet: revocation of a driver's license under section 322.28, Florida Statutes. See Nordelus v. State, 889 So