Recovering one's driving privileges after a DUI conviction is often a challenging and complex process. Losing the ability to drive can have significant implications for a person's daily life, affecting their ability to commute to work, attend school, access medical appointments, run errands and more. In Florida, a DUI conviction can result in the suspension or even revocation of a driver's license. However, individuals can apply for a restricted license that allows driving under specific conditions during the penalty period. The process of regaining a driver's license after a DUI can be arduous, and understanding the relevant Florida laws and the steps involved is crucial. Additionally, having a Florida DUI defense attorney can be invaluable in navigating this intricate journey.

Florida's Implied Consent Law

In Florida, as in many other states, there exists an implied consent law for DUI cases. This law stipulates that individuals operating motor vehicles on the state's roads have implicitly consented to undergo sobriety testing when pulled over by law enforcement officers on suspicion of DUI. Refusing to submit to breath or chemical testing while driving in Florida carries severe consequences. Specifically, anyone who declines a breathalyzer or chemical test automatically faces a suspension of one year for a driver's license. However, there is a small window of opportunity for the driver to contest this suspension through an administrative hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). It is important to note that public defenders typically do not represent their clients at these administrative hearings.

Driver's License Suspension Process in Florida

If a defendant convicted of DUI in Florida faces a driver's license suspension, they are required to surrender their license to the Florida DMV (Department of Motor Vehicles). The suspension of the driver's license cannot commence until the physical license has been submitted to the DMV.

It's essential to understand that DUI-related license suspensions in Florida can vary based on various factors, including any accompanying traffic violations. The Florida DMV utilizes a point system to determine when a driver's license should be suspended. These points can accumulate from various non-criminal traffic violations, such as speeding, failure to signal, or rolling through stop signs. Here is an overview of the point system:

  • Accumulating 12 DMV points within 12 months results in a 30-day suspension.
  • Accruing 18 DMV points within 18 months leads to a 3-month suspension.
  • Amassing 24 points within 36 months triggers a 1-year suspension.

Restricted Driver's License

Initially, when someone is convicted of a DUI in Florida, they typically face a hard suspension of their driver's license. During a hard suspension, individuals are not eligible to apply for a Florida hardship license or a license with special exemptions for certain activities like work or school. However, once the hard suspension period concludes, individuals can apply for a hardship driver's license for the remainder of their suspension period. If granted, this restricted license permits driving only for specific authorized activities.

Driver's License Reinstatement

Restoring a driver's license suspended due to a DUI conviction in Florida is not an automatic process. It involves several steps and requirements. To reinstate a suspended driver's license, a DUI defendant must pay a reinstatement fee. Additionally, they need to provide documentation, such as proof of completion of a court-approved DUI course. High-risk auto insurance coverage must also be obtained and proven before the driver's license can be reissued.

Ignition Interlock Device (IID)

In some cases, a driver convicted of DUI in Florida may be mandated by the court to install an ignition interlock device (IID) in their vehicle as a condition for regaining their driving privileges. The duration of time the IID must remain installed can vary, and it can be costly, inconvenient, and embarrassing. The installation must be done professionally and may come with additional fees. Additionally, monthly fees for the IID can accumulate significantly, particularly if the defendant receives a lengthy IID order. Florida's IID orders for DUI convictions are as follows:

  • For those with no prior convictions, the court may order it at their discretion.
  • No prior convictions but with a Blood Alcohol Level (BAL) of 0.15 or higher, or a minor in the vehicle: A minimum of 6 months.
  • Second DUI offense: A minimum of 1 year.
  • Second DUI offense with a BAL of 0.15 or higher, or a minor in the vehicle: A minimum of 2 years.
  • Third DUI offense: A minimum of 2 years.
  • Fourth DUI offense and subsequent offenses: A minimum of 5 years.

DUI School Requirement

As part of the process for reinstating a driver's license after a DUI suspension in Florida, completing DUI school is a mandatory requirement. For first-time DUI offenders, Level I DUI school, which involves a minimum of 12 hours of coursework, is mandated. For individuals with multiple DUI convictions, Level II DUI school, comprising a minimum of 21 hours, is required. This advanced course is tailored to address the needs of repeat offenders and incorporates substance abuse treatment into the curriculum. In some cases, it may also involve treatment supervised by the Department of Children and Families (DCF). It is imperative to complete these courses through providers approved by the Florida DMV. Furthermore, there are associated fees for completing these courses, with costs escalating for higher-level courses.

The Complex Path to Driver's License Restoration

Recovering a driver's license after a DUI conviction is far from straightforward. The court imposes several requirements on individuals who lose their driver's licenses due to DUI convictions. Mistakes made during this process can result in unnecessary delays and additional expenses. Even after the DUI conviction has been resolved, the process of reinstating one's driver's license may still necessitate legal assistance. To ensure a smooth and successful driver's license restoration process, it is highly advisable to seek the counsel of experienced professionals.

At Musca Law, P.A., our Florida DUI Attorneys boast decades of combined legal expertise, dedicated to helping clients achieve the best possible outcomes for their unique situations. We take pride in ensuring that hiring an attorney is a wise investment. It all begins with a no-risk, no-cost consultation. To receive your free consultation, please call us at 888-484-5057. Our lines are open 24/7, 365 days a year.