Florida Statute 322.271 defines who cannot hold a valid driver's license in Florida

Florida Statute 322.271 is the law that lists the specific reasons the Florida Department of Highway Safety and Motor Vehicles (DHSMV) must suspend or refuse to issue your driver's license. It is not a single rule — it is a collection of disqualifying conditions. Understanding which ones explore to you matters because some suspensions are automatic, some require a hearing, and some can be lifted faster than others.

The statute covers everything from medical conditions that make driving unsafe to criminal convictions and unpaid court fines. If you have received a notice that your license is suspended under 322.271, the reason will be cited in that notice. Knowing which subsection applies to you tells you what steps you can take to restore it.

Key Takeaways

  • Florida Statute 322.271 lists the legal reasons DHSMV can suspend or deny your driver's license, including criminal convictions, unpaid fines, and medical conditions.
  • Different subsections of the statute trigger different suspension lengths and restoration procedures — some require a hearing before DHSMV, others do not.
  • Your suspension notice will cite the specific subsection (like 322.271(1)(a)) so you know exactly which rule applies to your case.
  • Some suspensions are mandatory and automatic; others give you the right to request a hearing to contest the suspension.
  • Restoration timelines and costs vary widely depending on the reason for suspension — from a few months to several years.

The main categories of suspension under 322.271

The statute is organized into numbered subsections, each covering a different category of disqualification. The most common ones involve criminal convictions (especially DUI and drug-related offenses), failure to pay court-ordered fines or child support, medical conditions that affect safe driving, and violations of commercial driver's license (CDL) rules.

Subsection (1) covers criminal convictions — primarily DUI, reckless driving, and drug offenses. Subsection (2) addresses failure to pay fines, restitution, or child support ordered by a court. Subsection (3) covers medical conditions and reports from physicians that you are unfit to drive. Subsection (4) deals with CDL disqualifications. Each has its own suspension length and restoration path.

When you receive a suspension notice, it will tell you which subsection triggered the action. That number is your key to understanding how long the suspension lasts and what you must do to get your license back.

DUI and criminal convictions under subsection (1)

If you have been convicted of DUI, reckless driving with serious injury or death, or certain drug offenses, your license suspension is mandatory under subsection (1). The suspension length depends on whether it is a first offense, a repeat offense, and whether anyone was injured.

A first DUI conviction triggers a six-month suspension at minimum. A second DUI within five years means a five-year suspension. A third or subsequent DUI within ten years results in a ten-year suspension. If your DUI involved serious bodily injury or death, the suspension is even longer — often permanent unless you petition for reinstatement after a waiting period.

You do not have an automatic right to a hearing on a subsection (1) suspension — the conviction itself is the legal basis. However, you can request a hearing if you believe the conviction was improper or if you want to argue for early reinstatement based on hardship. After the minimum suspension period, you must file a petition with DHSMV and often must show proof of DUI school completion and an SR22 insurance certificate.

Unpaid fines, restitution, and child support under subsection (2)

If you owe court-ordered fines, restitution, or child support and have not paid, DHSMV can suspend your license under subsection (2). This suspension is administrative — it does not require a criminal conviction. The court notifies DHSMV that you are in default, and your license is suspended automatically.

The suspension stays in place until you pay the debt or make a payment arrangement with the court. Unlike a DUI suspension, there is no set time period — your license remains suspended as long as the debt is unpaid. Once you pay or arrange a payment plan, you can contact DHSMV to request reinstatement. The court will notify DHSMV when the debt is satisfied, and your license can be restored the same day.

If you cannot pay the full amount, contact the court that issued the fine or order. Many courts will work with you on a payment plan, and once you are in compliance with that plan, DHSMV will lift the suspension. This is one of the faster routes to reinstatement because it does not require a hearing — only proof of payment or a court-issued payment agreement.

Medical conditions and physician reports under subsection (3)

DHSMV can suspend your license if a physician reports that you have a medical condition that makes you unsafe to drive, or if you fail to report a condition you are required to disclose. Common reasons include seizure disorders, severe vision loss, dementia, and certain medications that impair judgment or reaction time.

Unlike criminal suspensions, a medical suspension under subsection (3) gives you the right to a hearing. You can request a hearing within ten days of receiving the suspension notice. At the hearing, you can present medical evidence that you are safe to drive — for example, a letter from your doctor stating that your condition is controlled or that you have been cleared to drive.

If you win the hearing, your license is reinstated when ready. If you lose, you can reapply after a waiting period (usually six months to one year) if your condition has improved. Some medical suspensions require you to pass a driving test or a medical examination before reinstatement. Check your suspension notice for the specific requirements.

Commercial driver's license disqualifications under subsection (4)

If you hold a CDL and have committed certain violations — such as driving under the influence while operating a commercial vehicle, leaving the scene of an accident, or using your vehicle to commit a felony — your CDL is disqualified under subsection (4). The disqualification period ranges from one year for a first offense to a lifetime ban for serious violations.

A CDL disqualification does not automatically suspend your regular driver's license, but it means you cannot legally operate a commercial vehicle. If you need to drive a truck or bus for work, you must wait out the disqualification period and then reapply for your CDL. Some disqualifications can be reduced or waived if you complete a CDL training program or meet other conditions — check the specific violation in your notice.

How to find out which subsection applies to you

Your suspension notice from DHSMV will cite the statute and subsection — for example, "Suspended under Florida Statute 322.271(1)(a)" or "Suspended under 322.271(2)". If you have lost your notice, you can contact DHSMV directly by phone at 1-888-769-2338 or visit your local DHSMV office with your driver's license number or Social Security number.

You can also check your driving record online through the DHSMV website. Your record will show the suspension reason, the date it began, and the date it is scheduled to end (if applicable). Once you know the subsection, you can look up the specific rules for that category and understand what you must do to restore your license.

If you received the suspension notice more than a few weeks ago and cannot locate it, DHSMV can issue a duplicate or provide the information by phone. Having the exact subsection number saves time because it tells you when ready whether you need a hearing, whether you must pay a debt, or whether you need medical clearance.

Frequently Asked Questions

Can I drive with a hardship license while my license is suspended under 322.271?

It depends on the reason for suspension. Some subsections allow a hardship license (also called a business purposes only license) after a waiting period, but others do not. DUI suspensions under subsection (1) may allow a hardship license after six months if you install an ignition interlock device. Medical suspensions under subsection (3) usually do not allow a hardship license. Check your suspension notice or contact DHSMV to ask whether you are may be able to access.

What happens if I drive with a suspended license under 322.271?

Driving with a suspended license is a criminal offense in Florida. A first offense is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. A second offense within five years is a first-degree misdemeanor with up to five years in prison. Your suspension will be extended, and you may face additional charges. Do not drive until your license is officially reinstated.

How much does it cost to reinstate a license suspended under 322.271?

Reinstatement costs vary by reason. A basic reinstatement fee is $45 to $75. If your suspension involved a DUI, you must also pay for DUI school (typically $250 to $500) and an SR22 insurance certificate (usually $15 to $25 per year). Medical suspensions may require a doctor's examination or driving test, which have separate fees. Contact DHSMV for the exact cost for your specific suspension.

Can I request a hearing to contest my suspension under 322.271?

It depends on the subsection. Criminal convictions under subsection (1) do not automatically may have access to you to a hearing — the conviction is the legal basis. Medical suspensions under subsection (3) do give you the right to a hearing within ten days. Subsection (2) suspensions (unpaid fines) are administrative and do not require a hearing, but you can contact the court to dispute the debt. Read your suspension notice to see whether a hearing is available for your case.

How long does it take to reinstate a license after a 322.271 suspension?

Timelines vary widely. If your suspension is due to unpaid fines and you pay when ready, reinstatement can happen the same day. DUI suspensions require a minimum waiting period (six months for a first offense) plus completion of DUI school and proof of insurance. Medical suspensions require a hearing or medical clearance, which can take weeks. Check your suspension notice for the earliest reinstatement date and the specific steps required.