Regaining Your Driving Privileges After a DUI Arrest

As a Florida DUI defense lawyer, I understand how life-changing a DUI charge can be. One of the most immediate consequences is the suspension of your driver's license, which can disrupt your ability to work, care for your family, and manage your daily responsibilities. Fortunately, Florida law provides a potential lifeline in the form of a DUI hardship license, allowing limited driving privileges during the suspension period. Let’s break down what you need to know, including the legal issues and steps involved in obtaining a hardship license after a DUI arrest.

Understanding a DUI Hardship License in Florida

In Florida, after a DUI arrest, your driver's license is typically suspended either administratively by the Department of Highway Safety and Motor Vehicles (DHSMV) or as part of the criminal penalties imposed by the court if you're convicted of DUI. A hardship license allows you to drive under specific conditions, typically for work, school, or medical appointments, even while your standard driving privileges are suspended. The two main types of hardship licenses in Florida are:

  • Business Purposes Only (BPO) License: Allows driving to and from work, school, religious services, and necessary errands.
  • Employment Purposes Only License: Limits driving strictly to work-related activities.

Administrative Suspension vs. Criminal Suspension

Before diving into the process of obtaining a DUI hardship license, it's important to distinguish between two types of license suspensions you may face after a DUI arrest:

  1. Administrative Suspension: This happens if you either refuse to submit to a breath, blood, or urine test, or if you take a test and your blood alcohol content (BAC) is 0.08% or higher. The administrative suspension is separate from the criminal penalties, and it begins immediately after your arrest. If you refuse the test, the suspension is longer than if you submit to testing and fail it.
  2. Criminal Suspension: This occurs if you're convicted of DUI in court. The length of the suspension depends on whether it's your first offense, second offense, or a subsequent DUI.

Under Florida Statutes § 322.2615, the administrative suspension can last anywhere from 6 months to 18 months, depending on the circumstances. For a first offense where you fail a breath test, the suspension is typically 6 months. Refusing the test can result in a suspension of 12 months, with harsher penalties for subsequent refusals.

Eligibility for a DUI Hardship License

If your license has been administratively suspended, you're not left without options. Depending on your case, you may be eligible for a hardship license immediately after your arrest, but only if you take the necessary steps.

  • First-time offenders: After a first DUI offense, you can apply for a hardship license immediately, provided that you waive your right to a formal review hearing to contest the suspension. By waiving your hearing, you're essentially acknowledging the suspension but opting for the opportunity to drive under hardship license conditions sooner.
  • Second or subsequent offenses: If this is your second DUI offense, you’ll need to serve at least 30 days of the suspension before you’re eligible for a hardship license. For a third or subsequent offense, the wait time increases, and other factors may come into play, including whether the prior offenses were within a certain time frame.

Steps to Obtain a DUI Hardship License in Florida

The process for obtaining a hardship license requires careful adherence to specific steps, as any mistakes can delay or prevent your application from being approved.

  1. Complete DUI School: One of the first requirements is to enroll in and complete DUI school through a licensed provider in Florida. DUI school educates offenders about the dangers of impaired driving and provides counseling services. Completing this course is mandatory, and proof of enrollment is required when applying for a hardship license.

  2. Request a Hardship Hearing: After enrolling in DUI school, you’ll need to schedule a hearing with the DHSMV’s Bureau of Administrative Reviews. During this hearing, you’ll present your case for why you should be granted limited driving privileges. At this point, you’ll need to show proof of your DUI school enrollment and demonstrate that you need the license to maintain employment or attend necessary activities like school or medical appointments.

  3. Provide Proof of Insurance: You'll also need to show proof of financial responsibility by obtaining an SR-22 insurance certificate, which serves as evidence that you meet Florida’s minimum liability insurance requirements. Your insurance company will typically file the SR-22 with the DHSMV.

  4. Pay the Required Fees: There are administrative costs associated with both the DUI school and applying for a hardship license. Be prepared to pay these fees during your hearing.

If all goes well, the hearing officer will grant you a hardship license, and you'll be able to legally drive under the restricted terms set forth by the DHSMV.

The Legal Ramifications of a DUI Hardship License

While a hardship license offers some relief, it comes with its own set of legal obligations and limitations. First, it's crucial to understand that this license is not the same as full driving privileges. Any violation of the restrictions placed on your hardship license, such as driving outside of the allowed purposes, can result in the suspension or revocation of the hardship license, along with additional legal consequences.

If you're caught driving without a valid hardship license, or if you violate the terms of your license, you could face penalties under Florida Statutes § 322.34, which covers driving with a suspended or revoked license. Penalties for violating the terms of a hardship license may include:

  • A longer suspension period.
  • Fines or additional court costs.
  • Possible jail time if the violation is severe enough or if it's a repeat offense.

Additionally, failing to complete DUI school or any other court-ordered programs, such as substance abuse treatment, could also result in the cancellation of your hardship license and additional penalties related to your original DUI case.

DUI Hardship License for Commercial Drivers

If you hold a commercial driver’s license (CDL), the rules are more stringent. Under Florida Statutes § 322.61, you are disqualified from operating a commercial motor vehicle if you're convicted of a DUI, regardless of whether you were driving your personal vehicle at the time of the offense. Unfortunately, obtaining a hardship license does not restore your ability to operate commercial vehicles, and you will be restricted to non-commercial vehicles for the duration of your suspension.

Permanent Revocation of Driving Privileges

It’s also important to note that multiple DUI offenses can lead to a permanent revocation of your driving privileges under Florida Statutes § 322.28. After a fourth DUI conviction, regardless of when the prior offenses occurred, your license can be permanently revoked. In such cases, obtaining a hardship license may not be possible, leaving you with no legal ability to drive.

Protecting Your Rights

If you've been arrested for DUI in Florida, seeking legal advice as early as possible is critical. The decisions you make immediately after your arrest, including whether to request a formal review hearing or apply for a hardship license, can impact your ability to drive and the outcome of your case.

Our team at Musca Law is experienced in handling DUI cases across Florida and can help guide you through the process of protecting your rights and restoring your driving privileges. From administrative suspension hearings to court proceedings, we work tirelessly to ensure the best possible outcome for our clients.

DUI Hardship Licenses in Florida FAQs

What is the difference between a Business Purposes Only license and an Employment Purposes Only license?
A Business Purposes Only (BPO) license allows you to drive for work, school, church, and necessary errands like grocery shopping or doctor appointments. An Employment Purposes Only license is more restrictive, permitting you to drive only for work-related activities.

Can I apply for a hardship license immediately after my DUI arrest?
Yes, first-time offenders can apply for a hardship license right away, as long as they waive their right to a formal review hearing to contest the suspension. However, second-time offenders must wait 30 days before applying, and those with additional offenses may face longer waiting periods.

Do I need to complete DUI school before getting a hardship license?
Yes, enrolling in DUI school is mandatory to qualify for a hardship license in Florida. You must provide proof of enrollment when you apply for the license, and failure to complete the course can result in the cancellation of your hardship license.

What happens if I violate the terms of my hardship license?
Violating the terms of your hardship license, such as driving for purposes not allowed under the restrictions, can lead to the suspension or revocation of the license. Additionally, you may face fines, longer suspension periods, and possibly even jail time.

Can I get a hardship license if I have a commercial driver’s license (CDL)?
No, commercial drivers who are convicted of DUI cannot obtain a hardship license to operate commercial vehicles. However, you may be eligible for a hardship license to drive non-commercial vehicles under specific circumstances.

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 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.