Habitual Driver Offender Crimes Defense Attorney

According to Florida Statute 322.264 a Habitual driver Offender is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles (DHSMV), shows that such person has accumulated the specified number of convictions for offenses outlined in subsection (1) or (2) of this statutes, within a 5-year period.

Subsection (1) describes a list of six offenses that if three or more convictions of any one or more of these are committed in separate acts, will result in a Habitual Driver Offender Crime. These offenses include:

  1. Voluntary/involuntary manslaughter resulting from operation of motor vehicle.
  2. Driving under the influence.
  3. Any felony committed with use of a motor vehicle.
  4. Driving with a suspended or revoked license.

  5. Failing to stop and render aid as required under the laws of Florida in the event of a motor vehicle crash resulting in death or personal injury of another.

  6. Driving a commercial motor vehicle while driver’s privilege is disqualified.

An offense under Subsection (2) occurs when fifteen convictions for moving traffic offenses (reckless driving, leaving scene of accident, speeding, etc.) for which points may be assessed are collected by the driver. These offenses include those outlined in Subsection (1).

Any out-of-state convictions for comparable serious traffic offenses or tickets for moving violations count against the offender in Florida.


If a person has acquired the required number of violations to be deemed a Habitual Driver Offender, the DHSMV is required to send notice to the offender that his/her driver’s license has been revoked.

Driving on a revoked license is a third-degree felony and punishable by up to five years in prison and/or a $5,000 fine.


If your driver’s license has been revoked because of the your designation as a Habitual Driver Offender, you have the right to challenge your designation as a Habitual driver Offender and show cause to why your license should not be revoked.

Twelve months after the revocation of your license you additionally have the right to petition to have your licenses reinstated early. You may reinstate your licenses for “Business purposes” and/or “Work purposes.”


If you find yourself standing accused of being Habitual Driver Offender and stand to lose your license, or would like to have it reinstated, you need to be sure you have a good lawyer on your side. Facing Habitual Driver Offender charges, especially in Florida, can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.