A DUI arrest in Florida often leads to the suspension of your driving privileges, making it difficult to go about daily activities like commuting to work, attending school, or even running essential errands. However, Florida law provides a way for individuals facing a license suspension to apply for a hardship license, which grants limited driving privileges under specific conditions. This article will explore what a hardship license is, how you can apply for one, and the role of a DUI attorney in challenging field sobriety tests and navigating the process.
What Is a Hardship License?
A hardship license is a restricted driver’s license that allows individuals with a suspended or revoked license to drive under limited circumstances. In Florida, hardship licenses are typically issued to individuals whose driving privileges have been suspended due to a DUI arrest, traffic violations, or failure to meet financial obligations such as child support.
The purpose of a hardship license is to help individuals maintain employment, attend school, or meet other essential obligations while their full driving privileges are suspended. A hardship license does not allow unrestricted driving but typically permits driving for specific purposes, such as:
- Driving to and from work
- Driving for work-related purposes
- Attending school
- Medical appointments
- Necessary household errands (groceries, child care)
Types of Hardship Licenses in Florida
In Florida, there are two main types of hardship licenses that may be issued depending on the individual's needs and circumstances:
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Business Purposes Only (BPO) License: A BPO hardship license allows driving solely for work-related activities. This includes driving to and from your place of employment, work-related tasks, and driving for medical appointments or essential household needs. This is the more restrictive type of hardship license.
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Employment Purposes Only (EPO) License: An EPO hardship license grants broader driving privileges compared to a BPO license. It allows driving for any purpose directly related to maintaining employment, including travel to job interviews or job-related training programs.
How to Apply for a Hardship License in Florida
If your license has been suspended following a DUI arrest, applying for a hardship license may allow you to regain limited driving privileges. The process involves several steps, which must be completed carefully to avoid delays or denials.
Step 1: Serve a Portion of Your Suspension
Before applying for a hardship license, you must serve a portion of your suspension. Florida law requires you to serve at least part of the suspension before becoming eligible to apply. For a first DUI offense, this is typically 30 days, while for a second or subsequent DUI, the wait period may be longer.
Step 2: Complete DUI School
In Florida, DUI school is mandatory for anyone seeking a hardship license after a DUI-related suspension. DUI school is a substance abuse education program designed to teach the dangers of impaired driving and promote responsible behavior. The program is usually eight to twelve hours long and must be completed in full before you can apply for a hardship license.
Step 3: Request a Hardship Hearing
Once you have served the required portion of your suspension and completed DUI school, you must request a hardship hearing through the Florida Department of Highway Safety and Motor Vehicles (DHSMV). The purpose of this hearing is for you to present your case to a hearing officer, demonstrating why you need a hardship license and how you intend to adhere to the conditions of the license.
During the hearing, you may need to provide documentation showing your need for a hardship license, such as:
- Proof of employment
- Class schedule for students
- Medical appointments
- Childcare responsibilities
The hearing officer will review your case and determine whether you qualify for a hardship license based on your circumstances, driving history, and compliance with the DUI school requirement.
Step 4: Install an Ignition Interlock Device (if required)
For individuals convicted of DUI with a blood alcohol concentration (BAC) of 0.15% or higher, or if a minor was present in the vehicle at the time of the arrest, an ignition interlock device may be required as a condition of receiving a hardship license. This device prevents the vehicle from starting if alcohol is detected on the driver’s breath.
Common Reasons for Denial of a Hardship License
There are several reasons why a hardship license application may be denied, including:
- Failure to complete DUI school: If you have not completed DUI school before your hearing, your application will be denied.
- Failure to provide necessary documentation: If you cannot provide sufficient proof of employment, school attendance, or other essential needs, you may be denied a hardship license.
- Multiple DUI convictions: Individuals with multiple DUI convictions or a history of serious traffic violations may be deemed ineligible for a hardship license.
The Role of a DUI Attorney in Challenging Field Sobriety Tests in Florida
When facing DUI charges, the results of field sobriety tests are often used as evidence of impairment. However, these tests can be unreliable and are subject to challenge by an experienced DUI attorney. Here's how a DUI attorney can help in challenging field sobriety tests in Florida:
Questioning the Test Conditions
An attorney can examine the conditions under which the field sobriety tests were conducted. Factors such as poor lighting, uneven road surfaces, or adverse weather can affect a driver's ability to perform these tests accurately. By demonstrating that the conditions were less than ideal, your attorney can raise doubts about the reliability of the test results.
Physical or Medical Conditions
Certain physical or medical conditions can impair an individual's ability to perform field sobriety tests, even when they are not impaired by drugs or alcohol. For example, balance disorders, injuries, or age-related issues can lead to poor performance on the tests. A DUI attorney can present evidence of such conditions to show that the test results were not an accurate reflection of impairment.
Officer Training and Test Administration
Field sobriety tests must be administered in accordance with specific protocols established by the National Highway Traffic Safety Administration (NHTSA). Any deviation from these protocols or improper administration of the tests by the officer can render the results invalid. An attorney can investigate whether the officer was properly trained and followed the correct procedures.
Subjective Nature of Field Sobriety Tests
Field sobriety tests rely on the subjective judgment of the officer administering them. Different officers may interpret the results differently, leading to inconsistent assessments of impairment. An attorney can challenge the officer’s subjective observations and argue that the test results do not provide a reliable basis for determining impairment.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you have been arrested for DUI and are facing a license suspension, obtaining a hardship license may be your best option to regain limited driving privileges. The process can be complex, and it is crucial to have an experienced DUI attorney guide you through the steps and advocate for your rights at the hardship hearing. Musca Law, P.A. offers a team of skilled DUI attorneys with a proven track record of success. We provide free consultations 24/7/365 and serve all 67 counties in Florida. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation and let us help you protect your driving privileges.