Habitual Traffic Offender Status After DUI Convictions in Florida

July 14, 2025

How Repeat DUI Offenses Can Trigger Felony Charges and Permanent License Revocation

When someone is labeled a Habitual Traffic Offender (HTO) in Florida, it is more than a classification. It can result in the loss of your driver’s license for five years and open the door to felony-level consequences if you are caught behind the wheel again. For individuals with multiple DUI convictions, the risks are far greater than just court fines and a temporary suspension. These cases carry serious long-term consequences, including prison, mandatory ignition interlock devices, and permanent criminal records.

As a Florida criminal defense lawyer, I’ve worked with countless clients who didn’t realize they were on the verge of being declared an HTO until it was too late. If you’ve had multiple DUI convictions in the last few years, it’s critical to understand how Florida law works and why hiring a private attorney right away could protect your record, your license, and your freedom.

What Is a Habitual Traffic Offender Under Florida Law?

Florida Statutes Section 322.264 defines a “Habitual Traffic Offender” as any person whose driving record, within a 5-year period, includes at least:

Three or more convictions arising out of separate acts of any of the following:
- Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle,
- DUI (Driving Under the Influence),
- Any felony in the commission of which a motor vehicle is used,
- Driving with a suspended or revoked license,
- Failing to stop and render aid in the event of a crash involving injury or death.

Fifteen convictions for moving traffic offenses for which points may be assessed.

Here’s the statutory language:

Florida Statute § 322.264:

“A ‘habitual traffic offender’ is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified convictions or offenses within a five-year period.”

Once the Department of Highway Safety and Motor Vehicles (DHSMV) identifies a driver as a Habitual Traffic Offender, they will revoke that person’s driver’s license for five years under Section 322.27(5).

How Multiple DUI Convictions Can Trigger Habitual Traffic Offender Status

DUI convictions are among the top reasons why people end up classified as Habitual Traffic Offenders in Florida. Three DUI convictions, even if they occurred years apart and involved no injuries, are enough to trigger HTO status.

Keep in mind that the five-year window applies to the dates of conviction, not the dates of arrest. That distinction can make or break an HTO designation. As a private attorney, I take the time to review conviction dates, not just the offenses themselves. Sometimes a client has had three DUIs, but only two fall within the five-year lookback. That can mean the difference between keeping your license or losing it for half a decade.

Even a conviction for driving on a suspended license after a DUI-related suspension counts toward the three strikes. The system stacks convictions aggressively, which is why it’s critical to have private representation that can challenge old convictions, explore post-conviction relief, and push back on erroneous DMV records.

Consequences of Being Declared a Habitual Traffic Offender

Once someone is labeled an HTO, Florida law strips them of their driving privileges for five years. If they drive during that revocation period, they can be charged with a third-degree felony under Florida Statute § 322.34(5), which carries:

Up to 5 years in prison,
Up to $5,000 in fines,
5 years of probation.

Here is the statute:

Florida Statute § 322.34(5):

“Any person whose driver license has been revoked under s. 322.264 and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree…”

Even if you’re caught driving to work or to pick up your child, this charge still applies. That’s why having a private lawyer involved early can often prevent the revocation from happening at all or challenge the DMV’s classification through a legal challenge called a petition for writ of certiorari.

Real Case Example: Avoiding HTO Classification and Felony Charges

One client came to us with three prior DUI convictions—two within five years and one just outside that window. The Department of Highway Safety and Motor Vehicles sent a notice of HTO classification. He had already received a traffic citation for driving while his license was revoked, and the prosecutor was ready to file a felony charge.

We immediately filed a motion in circuit court to contest the HTO status. By carefully reviewing the certified copies of each conviction, we found that one of the DUI convictions was recorded with the wrong date. The five-year window, when calculated correctly, only contained two convictions.

We also filed a separate motion to set aside a conviction where the client had pled guilty without legal representation years earlier. After extensive argument and documentation of the client’s lack of understanding during the original plea, the court vacated the conviction.

This resulted in two major victories: the HTO designation was removed, and the felony charge was dismissed. The client’s license was reinstated, and he avoided prison altogether.

Defenses Against Habitual Traffic Offender Classification

Each person’s case is different, but there are several defenses that may apply if you’re facing HTO designation due to DUI convictions:

Incorrect Dates or Clerical Errors

Sometimes the DMV gets the timeline wrong. We’ve had cases where the conviction date listed was actually the arrest date or where a conviction had been appealed and later reversed but never updated in the system.

Improper Guilty Pleas

If one of your prior DUI convictions involved a plea that was entered without legal counsel or without proper advisement of your rights, it may be possible to reopen that case and have the conviction vacated.

Post-Conviction Relief

In some cases, we can file for post-conviction relief under Rule 3.850 if there was a legal flaw in one of your prior convictions. If the conviction is vacated, it can no longer be used to support an HTO status.

Inaccurate Point Calculations

For those classified under the 15-moving-violations rule, sometimes points were wrongly assessed or old offenses were miscounted.

These defenses require deep legal analysis, court filings, and aggressive strategy. Public defenders simply do not have the bandwidth to contest a DMV classification through the circuit courts. That’s why having private counsel gives you a much stronger position.

Why You Need a Private Defense Attorney

Most people don’t even know they’re at risk of HTO status until they receive a letter from DHSMV—or worse, they’re pulled over and arrested on a felony charge for driving while revoked. At that point, the window to contest the classification is closing fast.

A private criminal defense attorney can begin challenging the classification, contest prior convictions, petition for reinstatement, and fight any resulting felony charges. Without this kind of targeted defense, you could end up without a license for years and with a felony record you’ll carry for life.

At Musca Law, we take every case seriously. We know how Florida traffic laws are applied, and we’ve worked with clients in Miami, Orlando, Tampa, Sarasota, Naples, Pensacola, and every other part of the state. We don’t let the DMV make the final decision without a fight.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Frequently Asked Questions (FAQs)

How many DUI convictions does it take to become a Habitual Traffic Offender in Florida?

Three DUI convictions within five years will trigger HTO status under Florida law. However, other charges like driving with a suspended license or committing a felony with a vehicle can also count. Each conviction must come from a separate incident.

What happens if I drive after being declared a Habitual Traffic Offender?

Driving while under an HTO license revocation is a felony in Florida. You can face up to five years in prison, five years of probation, and a $5,000 fine. It does not matter if you were driving to work or for an emergency. If you are pulled over, you can be taken into custody on a third-degree felony.

Can I fight a Habitual Traffic Offender designation?

Yes. You can challenge the HTO status in circuit court by filing a petition for writ of certiorari. You may also be able to reopen and vacate one of the convictions being used against you, especially if it was obtained without legal counsel or proper advisement. These challenges require legal filings and representation by a private attorney.

Is there any way to get my license back early after being declared an HTO?

In some cases, you may apply for a hardship license after serving one full year of the five-year revocation. This process goes through the Bureau of Administrative Reviews and typically requires completion of DUI school and installation of an ignition interlock device. You must show that you have not driven during the revocation period and have met all conditions.

Can out-of-state DUI convictions be used to classify me as an HTO in Florida?

Yes. If you were convicted of DUI or similar offenses in another state, those convictions can be counted by the Florida DHSMV when evaluating HTO status. We review whether the out-of-state statute matches Florida’s and challenge their inclusion if there are legal differences.

What if I didn’t know my license was revoked and got pulled over?

Florida law still treats this as a felony if you’ve been declared an HTO, even if you didn’t receive or understand the DMV notice. That’s why we review whether proper notice was given and whether the state can prove you knowingly drove while revoked.

Can I expunge or seal a felony conviction for driving while an HTO?

No. Florida law does not allow the expungement or sealing of felony convictions, including those for driving while designated as an HTO. That’s why it’s so important to fight the charge before conviction and remove the HTO status before you drive again.

What role does the DMV play in HTO cases?

The Department of Highway Safety and Motor Vehicles maintains driving records and issues the HTO classification. Their records can contain errors or outdated information. A private attorney can obtain your full DMV history and correct any inaccuracies that might impact your case.

Is DUI the only reason people get labeled HTO in Florida?

No. While DUI is a common reason, HTO status can also come from driving with a suspended license, fleeing the scene of an accident, or any combination of qualifying offenses. It’s not limited to alcohol or drug-related charges.

Why hire a private attorney for an HTO case?

These cases involve criminal court, administrative appeals, and deep record analysis. Public defenders often do not handle DMV challenges or post-conviction motions. A private attorney can fight both the criminal charge and the underlying HTO status. This gives you a chance to save your license and avoid a felony conviction.