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Drug Convictions And Driver's License Suspensions

The Florida Legislature has mandated that if you are convicted (adjudicated) of a drug offense under Florida statute 893, your driver's license will be suspended for a period of 2 years.

In order for this to apply, you must be adjudicated guilty of the crime. A withhold of adjudication for a drug offense will not result in a suspension.

Specifically, Florida Statute Section 322.055 governs driver's license suspensions. Specifically, the statute reads,

"upon the conviction of a person 18 years of age or older for possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance, the court shall direct the department to revoke the driver’s license or driving privilege of the person." Fla. Stat. sec. 322.055.

So that means that only possession, sale, or trafficking charges with an adjudication imposed will result in the suspension. Also, conspiracy to commit any of those crimes (possession, sale, or trafficking) will also result in the suspension.

Drug charges that are not related to the possession, sale, or trafficking of a controlled substance will not result in a suspension.

Before you accept a guilty plea to a drug charge (even a misdemeanor possession of marijuana charge) make sure that you understand the consequences of that plea as they pertain to your driving privilege. If you decide to go to trial on charges of possession, sale, or trafficking, also understand that if found guilty and an adjudication is imposed, your license will be suspended.

Eric Matheny is a criminal defense attorney representing clients in Miami-Dade County and Broward County. Attorney Eric Matheny handles all drug offenses, ranging from misdemeanor possession to trafficking and armed trafficking.