Can A Judge Suspend My Driver’s License If I am Convicted of Possession of Marijuana, Cocaine, or a controlled substance?

Under Florida law (Florida Statute 322.055) a judge is obligated to direct the Florida Department of Highway Safety and Motor Vehicles (“the department”) to suspend the driver’s license of a person who has been convicted (adjudicated guilty) of possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance. The suspension period is two (2) years. The most common controlled substance violation that people are charged with are marijuana, cocaine, and prescription medication possession. The charge can be a misdemeanor or a felony.

Under Florida law a person doesn’t even have to be in a motor vehicle in order to be subject to the suspension provisions of the statute if they are convicted.

WHAT IF I DIDN'T HAVE A LICENSE AT THE TIME OF THE CONVICTION?

If you didn't have a license at the time of conviction. A conviction for possession, sale, or trafficking in a controlled substance will make you ineligible for a valid license for a period of 2 years.

HARDSHIP LICENSE AND RESTORATION OF DRIVING PRIVILEGES

A who has had their license suspended due to a conviction on a charge of a controlled substance can still apply for a hardship license which enables them to go to work. After 6 months of suspension, a person may petition the department for restoration of the driving privilege on a restricted or unrestricted basis depending on length of suspension or revocation.

If the person is under 18 years of age at the time of conviction, different time periods and condition will apply under Florida Statute 322.056.

HOW CAN I FIGHT THIS OR AVOID THIS?

IF YOU WERE CONVICTED:If a person was convicted of a drug offense which results in the suspension of their license and they were not represented by an attorney at the time of conviction and it has been less than 2 years since the conviction, they may be eligible to VACATE OR SET ASIDE the conviction. Another way to vacate or set aside a conviction which suspends your license is if the judge didn’t advise you that the conviction would suspend your license for 2 years.

Vacating the conviction will have the effect of removing the conviction from the record and restore the driving privileges of the person. Since vacating the case re-opens the case, the case then has to be re-closed without a conviction in order to avoid the suspension of the license.  In order to qualify to vacate a conviction, the person can’t have been represented by a lawyer, not waived their right to a lawyer, and it can’t be more than 2 years since the date of the conviction OR the judge failed to advise the person that the conviction will result in the suspension of the license for 2 years.

Not only will vacating and re-closing the case without a conviction get your license back, but you will also then be eligible to have the case sealed so it doesn’t appear on your criminal history.

IF YOU HAVEN’T GONE TO COURT YET FOR THE CASE: If you haven’t gone to court yet on your drug case, you still have a chance to avoid a conviction that will suspend your license. One thing that you can do is ask the prosecutor for a pretrial diversion program. A pretrial diversion program involves the taking of some classes. If you successfully complete the program the state will drop all the charges. You can then have the case expunged. If a pretrial diversion is not offered, then ask the prosecutor for a withhold of adjudication. A withhold of adjudication is where the judge finds you factually guilty, but doesn’t formally convict you. A withhold of adjudication will avoid the license suspension and you will qualify to have the case sealed. Under no circumstances should you accept a plea which will adjudicate you guilty. This is a conviction and you will lose your license for 2 years. You will also never be able to seal or expunge any case, ever.

**Purchase of Cocaine doesn’t suspend your license if you were not charged with possession.

***Manufacture of a drug doesn’t suspend your license either.

Strangely, these 2 situations are not covered by the statute.