Understanding Your Options for Restoring Driving Privileges in Florida
A first-time DUI arrest in Florida comes with immediate consequences, including the suspension of your driver’s license. Losing the ability to drive can make it difficult to get to work, take care of your family, and manage daily responsibilities. However, Florida law provides an opportunity to apply for a hardship license, which allows limited driving privileges under specific conditions. Let’s discuss when you qualify for a hardship license, the application process, and how to protect your ability to drive.
What Happens to Your License After a First DUI in Florida?
Under Florida Statutes § 316.193, a first-time DUI conviction carries both criminal and administrative penalties. The administrative suspension of your driver’s license happens separately from any court-ordered penalties.
Administrative Suspension from the Florida DHSMV
If you are arrested for DUI and either fail a breath test (BAC of 0.08% or higher) or refuse to take the test, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) will suspend your driver’s license automatically:
- Failing a Breath Test: 6-month suspension
- Refusing a Breath Test: 12-month suspension
This suspension is separate from any penalties the court may impose if you are convicted of DUI.
Court-Ordered Suspension for a First DUI Conviction
If you are convicted, the court can also suspend your license:
- First DUI conviction (without aggravating factors): 6 to 12 months
- First DUI conviction (BAC 0.15% or higher or minor in the car): Up to 12 months
Can You Apply for a Hardship License?
Yes, Florida law allows many first-time DUI offenders to apply for a hardship license that restores limited driving privileges. A hardship license is not automatic—you must meet specific eligibility requirements and complete the necessary steps before the DHSMV will approve your request.
Who Qualifies for a Hardship License?
To be eligible for a hardship license after a first DUI, you must:
- Not have prior DUI convictions.
- Enroll in or complete a Florida-approved DUI education course.
- Serve any mandatory waiting period before applying.
- Apply for a hearing with the DHSMV.
A hardship license is not available if you have multiple DUI offenses or if you refused a breath test more than once.
How Soon Can You Apply for a Hardship License?
Your ability to apply for a hardship license depends on the circumstances of your DUI case.
- Failed a Breath Test (BAC 0.08% or higher): You may apply for a hardship license immediately after completing DUI school.
- Refused a Breath Test (First Offense): You must wait 90 days before applying.
- DUI Conviction: You must wait until your suspension period begins and complete all necessary steps before applying.
If your suspension was due to a refusal to take a breath test, you must serve at least 90 days of the suspension before you can apply for a hardship license.
The Hardship License Application Process
To request a hardship license, you must complete the following steps:
Step 1: Enroll in a Florida-Approved DUI Course
Florida law requires you to complete DUI School, which is provided by the Florida Safety Council and other state-approved programs.
- You must provide proof of enrollment when applying for a hardship license.
- If you fail to complete the program, your hardship license will be revoked.
Step 2: Serve the Mandatory Waiting Period (If Applicable)
If you refused a breath test, you must serve at least 90 days of your suspension before applying for a hardship license.
Step 3: Request a Hardship Hearing with the DHSMV
To apply, you must schedule a hearing with the DHSMV Bureau of Administrative Reviews.
At the hearing, a DHSMV officer will review:
- The circumstances of your DUI arrest
- Your driving history
- Whether you have met all requirements (DUI school, waiting period, etc.)
Step 4: Demonstrate a Need for a Hardship License
The DHSMV will only approve a hardship license if you can show that you need to drive for work, school, or essential activities.
- Business Purposes Only (BPO) License: Allows driving for work, school, medical appointments, and essential household tasks.
- Employment Purposes Only (EPO) License: Strictly for commuting to and from work.
Step 5: Pay All Fees and Obtain Your Hardship License
If your hardship license is approved, you must pay all necessary fees, including:
- Hardship License Application Fee
- Reinstatement Fee
- Administrative Fees
Once all requirements are met, you will receive a restricted hardship license that allows you to drive for specific purposes.
Restrictions on a Hardship License
A hardship license is not a full reinstatement of your driving privileges. If you receive one, you must follow strict rules:
- You cannot drive for non-essential reasons (e.g., social events, vacations).
- You must complete DUI School and any required treatment programs.
- If you commit any new traffic offenses, your hardship license may be revoked.
How a DUI Lawyer Can Help
Applying for a hardship license is not guaranteed. If you have any issues with your eligibility, past driving record, or DUI school enrollment, your application could be denied. An experienced DUI attorney can:
- Review your eligibility and guide you through the process.
- Represent you at the DHSMV hardship hearing.
- Challenge any procedural errors that could impact your case.
- Help restore full driving privileges once your suspension ends.
If you have been arrested for DUI in Florida, taking the right steps early can protect your future and help you regain your ability to drive.
Florida Hardship License FAQs
What is a hardship license in Florida?
A hardship license allows limited driving privileges for work, school, and essential daily activities after a DUI suspension. It does not restore full driving rights but provides necessary mobility while completing DUI penalties.
Can I drive anywhere with a hardship license?
No. A hardship license only permits driving for business or employment purposes, such as commuting to work, school, or medical appointments. Any non-essential driving can result in a violation and revocation of the license.
Do I need to complete DUI school before applying for a hardship license?
Yes. Florida law requires that you enroll in an approved DUI course before applying for a hardship license. If you fail to complete the course, your hardship license will be revoked.
How long does it take to get a hardship license?
The process varies, but most applicants can complete DUI school, schedule a DHSMV hearing, and receive a hardship license within a few weeks, as long as all requirements are met.
What happens if my hardship license is denied?
If the DHSMV denies your request, you will have to serve the full suspension period before applying for full license reinstatement. A DUI lawyer can help improve your chances of approval.
Can I get a hardship license if I refused a breath test?
Yes, but you must serve at least 90 days of your suspension before applying. The process is the same, but the waiting period applies to those who refused to submit to a breathalyzer.
How much does it cost to get a hardship license in Florida?
Costs vary but typically include DUI school enrollment fees, a hardship license application fee, and reinstatement fees, which can total several hundred dollars.
Can I lose my hardship license if I get another traffic violation?
Yes. Any new traffic violation, including speeding or reckless driving, can result in immediate revocation of your hardship license.
How do I fully reinstate my license after my DUI suspension ends?
Once your suspension period is over, you must complete DUI school, pay reinstatement fees, and provide proof of insurance (SR-22) to restore your full driving privileges.
Call 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 in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.