How to Restore Your Florida Driver’s License After a DUI Conviction

Driving under the influence (DUI) in Florida is a serious charge with long-lasting consequences, especially when it comes to getting your driver's license reinstated. After a DUI conviction, one of the most immediate concerns for most people is how to regain the ability to drive legally. Losing your license can impact your daily life—your job, your family responsibilities, and your independence. The process to get your license back isn't simple, but it's doable if you understand the steps and meet all the legal requirements.

Here, I’ll walk you through the process of how to get your Florida driver’s license back after a DUI, including legal issues, deadlines, fees, and the options you have depending on the specifics of your case. I’ll also touch on the relevant Florida statutes that govern this area of law, so you have a clearer understanding of the legal landscape.

Step 1: Understanding the Immediate Suspension

The first thing to know is that if you are arrested for DUI in Florida, your driver's license will be immediately suspended. This is called an “administrative suspension” and happens whether or not you are eventually convicted. Florida’s "Implied Consent Law" under Florida Statutes Section 316.1932 says that by driving in the state, you agree to submit to a chemical or physical test (breath, blood, or urine) if suspected of DUI. Refusing to take the test will lead to an automatic license suspension for a year for a first refusal and 18 months for a second refusal.

If you do take the test and the results show a blood alcohol content (BAC) of .08% or higher, your license will be suspended for six months. This administrative suspension is separate from any suspension the court might impose if you are convicted of DUI. You have the right to challenge this administrative suspension, but you must act quickly.

Step 2: Requesting a Formal Review Hearing

You have just 10 days from the date of your DUI arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). If you don’t make this request within 10 days, you will lose the chance to challenge the suspension.

At this hearing, you (or your attorney) will have the opportunity to contest the legality of the suspension. This includes questioning whether the police officer had probable cause to stop you, whether the arrest was lawful, and whether the breath, blood, or urine test was conducted properly.

If you win the hearing, your license suspension could be lifted. If you lose, the suspension will remain in place, but you may be eligible to apply for a hardship license.

Step 3: Applying for a Hardship License

If your formal review hearing doesn’t go your way or if you don’t request one in time, you may still be able to apply for a hardship license. A hardship license allows you to drive for essential purposes, like getting to work, school, or medical appointments. The type of hardship license you apply for will depend on your circumstances.

  • Business Purposes Only License: This license restricts your driving to work-related activities, school, church, or medical appointments.
  • Employment Purposes Only License: This is a more restrictive form of a hardship license, limiting your driving to activities directly related to your job.

Eligibility for a Hardship License

To apply for a hardship license, you must complete the following:

  1. Enroll in a DUI Program: Under Florida Statutes Section 322.271, anyone who wants to apply for a hardship license after a DUI must first enroll in a state-approved DUI course. This step is non-negotiable. Without proof of enrollment, your application won’t even be considered.

  2. Serve a Mandatory Suspension Period: Florida law mandates that you must serve part of your suspension before you can apply for a hardship license. For a first-time DUI offense, this period is 30 days if you submitted to the chemical test and 90 days if you refused.

  3. Attend a DHSMV Hearing: After enrolling in the DUI program and serving the mandatory suspension, you must attend a hearing at your local DHSMV office. The hearing officer will review your case, your driving record, and your application before deciding whether to grant you a hardship license.

Step 4: Completing DUI School and Treatment

If you are convicted of DUI in Florida, you will be required to complete DUI school as part of your sentencing. For first-time offenders, this usually involves 12 hours of classes. The purpose of DUI school is to educate offenders about the dangers of drinking and driving and to assess whether further treatment is needed.

If the assessment from DUI school indicates that you have a problem with alcohol, you may be required to complete additional treatment. Failing to comply with these requirements will make it impossible to get your full driving privileges restored.

Step 5: Serving the Court-Imposed Suspension

Aside from the administrative suspension, the court may also impose a separate suspension as part of your DUI conviction. For a first DUI offense, the suspension can last between six months and one year, depending on the specifics of your case, like whether you refused to take the chemical test or caused injury to another person.

If you are a repeat offender, the suspension periods increase dramatically:

  • Second offense: minimum 5-year suspension if it occurs within 5 years of the first DUI.
  • Third offense: minimum 10-year suspension if it occurs within 10 years of the previous DUI.

Step 6: Applying for Full License Reinstatement

Once you’ve served your suspension period and completed all court-ordered requirements (DUI school, treatment, fines, community service, etc.), you can apply for full reinstatement of your driver’s license. Here’s what you’ll need to do:

  1. Pay a Reinstatement Fee: There is a reinstatement fee that varies depending on the number of prior offenses. For a first-time DUI, the fee is generally around $130.

  2. Provide Proof of Insurance: You will need to provide the DHSMV with proof that you have obtained the required amount of insurance under Florida’s Financial Responsibility Law, which is outlined in Florida Statutes Section 324.023. After a DUI, you will need to obtain higher insurance limits than usual, and your insurance premiums will likely increase.

  3. Submit Completion of DUI School: You must show proof that you completed the required DUI school and any treatment programs ordered by the court.

  4. Pass the Required Tests: Depending on the length of your suspension, you may need to pass the driver’s license exam (including the written, driving, and vision tests) before your license can be reinstated.

Step 7: Ignition Interlock Devices

For some DUI convictions, Florida law requires the installation of an Ignition Interlock Device (IID) as a condition of license reinstatement. An IID is a breathalyzer installed in your vehicle that prevents the car from starting if alcohol is detected in your breath. Under Florida Statutes Section 316.193, first-time offenders may be required to have an IID installed for six months if their BAC was .15% or higher or if there was a minor in the vehicle at the time of the offense.

For second or subsequent DUI offenses, the IID requirement becomes mandatory, and the installation period increases to one to two years.

Florida License Suspension FAQs

What is a hardship license, and how do I get one after a DUI in Florida?
A hardship license allows you to drive for limited purposes such as work, school, and medical appointments. To get one after a DUI, you must first serve a portion of your suspension (30 days for a first offense if you took the chemical test) and enroll in DUI school. You can then apply through the DHSMV, but you must attend a hearing where a hearing officer will decide if you’re eligible.

How long is my license suspended after a first-time DUI in Florida?
For a first-time DUI conviction, your license may be suspended for anywhere from six months to one year. If you refused to take the chemical test, the suspension will be at least one year. You may be able to apply for a hardship license after serving 30 to 90 days of the suspension.

What happens if I refuse the breathalyzer test in Florida?
Refusing to take the breathalyzer, blood, or urine test when arrested for DUI in Florida results in an automatic license suspension of one year for a first refusal and 18 months for a second refusal. Additionally, you can still be convicted of DUI based on other evidence like officer testimony and field sobriety test results.

Can I drive while my DUI case is pending?
Yes, you can apply for a temporary permit to drive while your DUI case is pending. You must do this within 10 days of your arrest by requesting a formal review hearing with the DHSMV. This permit allows you to drive until the hearing or for 42 days, whichever comes first.

Do I need to install an ignition interlock device after a DUI?
For first-time offenders with a BAC of .15% or higher, or if a minor was in the car, the court may require an ignition interlock device for six months. For second and subsequent offenses, the IID is mandatory, and the installation period increases to one to two years.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you’ve been charged with DUI in Florida and want to get your license back, 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 around the clock to assist you.