Florida Statutes

Fla. Stat. § 322.28 (2025)

Period of suspension or revocation.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 82 cases (1 in the last 5 years), 1963–2022 · leading case: Stoletz v. State, 875 So. 2d 572 (Fla. 2004).

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Stoletz v. State, 875 So. 2d 572 (Fla. 2004). · cites it 42× “At the time of the offenses in this case, section 322.28, Florida Statutes (1999), provided, in pertinent part: (2) In a prosecution for a violation of s.”

Whipple v. State, 789 So. 2d 1132 (Fla. 4th DCA 2001). · cites it 20× “Rather, it was bound by section 322.28, Florida Statutes (1999). Appellant was convicted under section 316.”

Lescher v. Florida Dept. of High. Saf. & Motor Vehs., 985 So. 2d 1078 (Fla. 2008). · cites it 8× “The license revocation statute, section 322.28, does not contain a scienter element.”

McDaniel v. State, 683 So. 2d 597 (Fla. 2d DCA 1996). · cites it 11× “) Section 322.28 was not a model of clarity.”

Bolware v. State, 995 So. 2d 268 (Fla. 2008). · cites it 4× “The Fourth District has since restated this holding in other cases concerning the suspension and revocation of a driver's license under section 322.28, Florida Statutes. See Nordelus v.”

FLA. DHSMV v. Critchfield, 842 So. 2d 782 (Fla. 2003). · cites it 4× “Section 10 deals with amendments to section 322.28, Florida Statutes, concerning the period of suspensions and revocations of driver's licenses.”

Dept. of High. Saf. v. Bender, 497 So. 2d 1332 (Fla. 2d DCA 1986). · cites it 11× “The circuit court construed section 322.28 as penal in nature and, as such, found that it must be strictly construed against the Department.”

Pulaski v. State, 540 So. 2d 193 (Fla. 2d DCA 1989). · cites it 7× “§ 322.28, Fla. Stat. (1987). [2] Appellant suggests these enhancement provisions are intended solely of recidivists that is, a small-time thief or drunk driver, once caught and punished, is thereafter on notice that the stakes will be higher in the event he commits the same…”

Gwin v. Motor Veh. Admin., 869 A.2d 822 (Md. 2005). · cites it 2× “The MVA provided in its brief a synopsis of the history of Florida's permanent revocation statute: “Until 1998, Fla. Stat. Ann. §§ 322.28 (2)(e) and 322.”

Dept. of High. Saf. & Motor Vehs. v. Critchfield, 805 So. 2d 1034 (Fla. 5th DCA 2002). · cites it 4× “Section 10 deals with amendments to section 322.28, Florida Statutes, concerning the period of suspensions and revocations of driver's licenses.”

Griffin v. State, 457 So. 2d 1070 (Fla. 2d DCA 1984). · cites it 4× “The county court revoked petitioner's driver's license for six months pursuant to section 322.28, Florida Statutes (1982). We deny the petition.”

State, Dept. of Hwy. Saf. v. Degrossi, 680 So. 2d 1093 (Fla. 3d DCA 1996). · cites it 6× “Although the trial court was aware of Section 322.28(6), Florida Statutes (1995) which states that, "no suspension or revocation of a driving privilege shall be stayed upon appeal of the conviction or order that resulted therein," the trial court ordered the Department to stay…”

Show all 82 citing cases →

— 322.28(2) — 10 cases

Stoletz v. State, 875 So. 2d 572 (Fla. 2004). “At the time of the offenses in this case, section 322.28, Florida Statutes (1999), provided, in pertinent part: (2) In a prosecution for a violation of s.”

State, Dept. of High. Saf. v. Vogt, 489 So. 2d 1168 (Fla. 2d DCA 1986).

Lescher v. Florida Dept. of High. Saf. & Motor Vehs., 985 So. 2d 1078 (Fla. 2008). “The license revocation statute, section 322.28, does not contain a scienter element.”

Lescher v. Dep't of High. Saf., 946 So. 2d 1140 (Fla. 4th DCA 2006).

Stoletz v. State, 842 So. 2d 866 (Fla. 2d DCA 2003).

— 322.28(2)(a) — 14 cases

Whipple v. State, 789 So. 2d 1132 (Fla. 4th DCA 2001). “Rather, it was bound by section 322.28, Florida Statutes (1999). Appellant was convicted under section 316.”

Dept. of High. Saf. v. Bender, 497 So. 2d 1332 (Fla. 2d DCA 1986). “The circuit court construed section 322.28 as penal in nature and, as such, found that it must be strictly construed against the Department.”

Dep't of High. Saf. & Motor Vehs. v. Morea, 491 So. 2d 1210 (Fla. 1st DCA 1986).

Boulineau v. Dep't of High. Saf. & Motor Vehs., 247 So. 3d 660 (Fla. 1st DCA 2018).

State v. Caudle, 504 So. 2d 419 (Fla. 5th DCA 1987).

— 322.28(2)(a)(1) — 3 cases

Pulaski v. State, 540 So. 2d 193 (Fla. 2d DCA 1989). “§ 322.28, Fla. Stat. (1987). [2] Appellant suggests these enhancement provisions are intended solely of recidivists that is, a small-time thief or drunk driver, once caught and punished, is thereafter on notice that the stakes will be higher in the event he commits the same…”

Goldschmitt v. State, 490 So. 2d 123 (Fla. 2d DCA 1986).

— 322.28(2)(a)(2) — 5 cases

Kemar Rochester v. State of Florida, 140 So. 3d 973 (Fla. 2014).

State, Dept. of High. Saf. v. Vogt, 489 So. 2d 1168 (Fla. 2d DCA 1986).

Stoletz v. State, 842 So. 2d 866 (Fla. 2d DCA 2003).

— 322.28(2)(a)(3) — 2 cases

State, Dep't of High. Saf. & Motor Vehs. v. Tremmel, 634 So. 2d 742 (Fla. 2d DCA 1994).

Buchbaum v. State, 50 Fla. Supp. 2d 77 (Fla. Cir. Ct. 1991).

— 322.28(2)(a)(l) — 1 case

Buchbaum v. State, 50 Fla. Supp. 2d 77 (Fla. Cir. Ct. 1991).

— 322.28(2)(b) — 3 cases

DHSMV v. Brandenburg, 891 So. 2d 1071 (Fla. 5th DCA 2004).

Dep't of High. Saf. & Motor Vehs. v. Spells, 502 So. 2d 19 (Fla. 2d DCA 1986).

Buchbaum v. State, 50 Fla. Supp. 2d 77 (Fla. Cir. Ct. 1991).

— 322.28(2)(d) — 1 case

Mellon v. Cannon, 482 So. 2d 604 (Fla. 5th DCA 1986).

— 322.28(2)(e) — 25 cases

Lescher v. Florida Dept. of High. Saf. & Motor Vehs., 985 So. 2d 1078 (Fla. 2008). “The license revocation statute, section 322.28, does not contain a scienter element.”

McDaniel v. State, 683 So. 2d 597 (Fla. 2d DCA 1996). “) Section 322.28 was not a model of clarity.”

State v. Kelly, 999 So. 2d 1029 (Fla. 2008).

Bolware v. State, 995 So. 2d 268 (Fla. 2008). “The Fourth District has since restated this holding in other cases concerning the suspension and revocation of a driver's license under section 322.28, Florida Statutes. See Nordelus v.”

— 322.28(2)(f) — 3 cases

Moreland v. State, 442 So. 2d 1002 (Fla. 2d DCA 1984).

State, Dep't of High. Saf. & Motor Vehs. v. Tremmel, 634 So. 2d 742 (Fla. 2d DCA 1994).

State, Dept. of High. v. Davis, 775 So. 2d 989 (Fla. 1st DCA 2000).

— 322.28(3)(f) — 1 case

State v. Riddle, 16 Fla. Supp. 2d 16 (Fla. Cty. Ct. 1985).

— 322.28(4)(a) — 3 cases

Houle v. State, 33 So. 3d 822 (Fla. 4th DCA 2010).

Whipple v. State, 789 So. 2d 1132 (Fla. 4th DCA 2001). “Rather, it was bound by section 322.28, Florida Statutes (1999). Appellant was convicted under section 316.”

Jose Berrocales v. State of Florida, 268 So. 3d 771 (Fla. 4th DCA 2019).

— 322.28(5) — 6 cases

State, Dept. of High. Saf. v. Griffin, 909 So. 2d 538 (Fla. 4th DCA 2005).

Dep't of High. Saf. & Motor Vehs. v. Olivie, 753 So. 2d 593 (Fla. 3d DCA 2000).

State, Dep't of High. Saf. & Motor Vehs. v. Peterson, 754 So. 2d 156 (Fla. 2d DCA 2000).

Anderson v. Dep't of High. Saf. & Motor Vehs., 751 So. 2d 749 (Fla. 5th DCA 2000).

State Dep't of High. Saf. & Motor Vehs. v. Begley, 776 So. 2d 278 (Fla. 1st DCA 2000).

— 322.28(5)(a) — 2 cases

McDaniel v. State, 683 So. 2d 597 (Fla. 2d DCA 1996). “) Section 322.28 was not a model of clarity.”

State v. Walters, 567 So. 2d 49 (Fla. 2d DCA 1990).

— 322.28(6) — 3 cases

State, Dept. of Hwy. Saf. v. Degrossi, 680 So. 2d 1093 (Fla. 3d DCA 1996). “Although the trial court was aware of Section 322.28(6), Florida Statutes (1995) which states that, "no suspension or revocation of a driving privilege shall be stayed upon appeal of the conviction or order that resulted therein," the trial court ordered the Department to stay…”

Larcher v. Dep't of High. Saf., 736 So. 2d 1249 (Fla. 5th DCA 1999).

Dep't of Saf. v. Stockman, 709 So. 2d 179 (Fla. 5th DCA 1998).

— 322.28(b) — 1 case

Dep't of High. Saf. & Motor Vehs. v. Spells, 502 So. 2d 19 (Fla. 2d DCA 1986).

— 322.28(f) — 1 case

Silimon v. State, 29 Fla. Supp. 2d 128 (Fla. Cir. Ct. 1988).

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