Facing a drug possession charge in Florida is stressful enough on its own. But for many people, the biggest shock comes after they resolve their case—when they receive a notice from the Department of Highway Safety and Motor Vehicles (DHSMV) informing them that their driver’s license is being suspended.
This issue has become urgent in Broward County, where the DHSMV has recently revived a practice that many believed was long abandoned: suspending driver's licenses even when the court withholds adjudication on drug charges. That means defendants who plead to a drug charge with the expectation of avoiding a conviction—and a license suspension—may still find themselves facing an unexpected administrative penalty.
Understanding your rights requires understanding how Florida Statute 322.055 works, how courts have historically interpreted it, and why the DHSMV’s recent change in practice is causing confusion and hardship for people across Broward County.
Florida Law and License Suspension for Drug Convictions
Florida Statute 322.055 governs driver’s license suspensions for drug offenses. Although it appears straightforward, its application hinges on one critical word: “conviction.”
Under FS 322.055(1), when a person is convicted of any offense involving a controlled substance under Chapter 893, the DHSMV must suspend their driver’s license. These offenses include:
- Possession of controlled substances
- Purchase, sale, or delivery of controlled substances
- Manufacture or cultivation
- Trafficking offenses
If the court convicts an adult (18 or older), the court must direct DHSMV to suspend the license or driving privilege for 6 months, or until the person is evaluated for—and, if required, completes—a drug treatment / rehabilitation program approved or regulated by the state.
These components form the core of the statute—but the meaning of a “conviction” is what determines whether the law applies at all.
The 2019 Statutory Change
In 2019, the Legislature amended FS 322.055 to reduce the license suspension from 2 years to 6 months or until the person is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved by the Department of Children and Families. This legislative change also for the first time allowd the Court, upon compelling circumstances to warrant an exception, and direct the the department to issue a Business Purpose Only License. In the past, individuals had to wait at least 6 months and then petition the department for a business purpose only license.
However, the 2019 legislative change to FS 322.055 did not address the meaning of "conviction" and if an individuals driver's license should be suspended upon receving a Withheld Ajudication for certain drug offenses. It had been a long standing practice of the department not to suspend a license upon the entering of a withheld ajuication disposition by the Court-until recently.
Recent Change in Broward County: DHSMV Has Started Suspending Again
Despite years of consistent statewide practice, Broward County DHSMV offices have recently begun imposing suspensions even when adjudication is withheld. This shift has surprised both defendants and attorneys.
What’s happening in Broward County now?
- DHSMV is treating any guilty or no-contest plea as a “conviction,” even when adjudication is withheld.
- Defendants are receiving suspension notices weeks after resolving their case.
- The suspensions are being issued administratively, not by court order.
- Other counties are not consistently following this approach.
Why is this a problem?
Because FS 322.055 requires suspension only “upon conviction.” If adjudication is withheld, there is no conviction under Florida law—unless a statute explicitly says otherwise.
FS 322.055 does not include such language.
Many attorneys believe the DHSMV’s renewed practice:
- Conflicts with the statute,
- Contradicts the legislative intent behind the 2019 reform, and
- Exceeds the agency’s authority.
Legal challenges are already underway, but until clear guidance emerges, defendants in Broward face real risk.
Protecting Your Driver's License After a Florida Drug Charge
If you're facing a DUI or drug possession charge in Florida, don't underestimate the impact on your driver's license. Even a withheld adjudication could lead to suspension, depending on the specifics of your case and plea agreement.
To minimize the risk, you need an experienced criminal defense attorney who understands the nuances of Florida's license suspension laws and how they intersect with DUI and drug charges. A skilled lawyer will:
- Evaluate the evidence and identify weaknesses in the state's case
- Explore every available defense strategy, from dismissal to diversion to trial
- Negotiate plea terms that prioritize protecting your driver's license
- Challenge any unlawful suspension through formal review hearings
- Guide you through the process of reinstatement if your license is suspended
At the Law Offices of Dave L. Simmons, we have decades of experience defending clients against drug charges in Fort Lauderdale and throughout Florida. Our team will work tirelessly to build the strongest possible defense in your case. We'll fight to protect your license, your freedom, and your future. If your license has already been suspended, we'll guide you through the steps to get it back as quickly as possible.
