Protect Your Driving Privileges After a DUI Arrest in Florida
A DUI arrest in Florida can lead to immediate consequences, including the suspension of your driver’s license. Losing your license can impact your daily life, making it difficult to get to work, care for your family, or meet other essential obligations. However, you may be eligible for a hardship license, which allows restricted driving privileges under specific conditions.
Let’s discuss what a hardship license is, how it works in Florida, the legal process to obtain one, and how a skilled Florida DUI defense attorney can help protect your driving rights.
What Is a DUI and How It Affects Your License?
Under Florida Statutes § 316.193, driving under the influence (DUI) occurs when someone operates a motor vehicle while:
- Impaired by alcohol or drugs, or
- Having a blood alcohol concentration (BAC) of 0.08% or higher.
A DUI conviction or even a DUI arrest can lead to both criminal penalties and administrative license suspensions through the Florida Department of Highway Safety and Motor Vehicles (DHSMV). The administrative suspension can occur even if your case has not yet gone to court.
What Is a Hardship License in Florida?
A hardship license allows individuals with a suspended license to drive under limited conditions, such as:
- Driving to and from work
- Driving for school-related purposes
- Medical appointments
- Necessary household errands
This restricted license helps individuals continue essential daily tasks while serving a license suspension. However, a hardship license is not automatically granted—you must qualify and apply for it properly.
Eligibility for a Hardship License in Florida
Not everyone is eligible for a hardship license. Florida law distinguishes eligibility based on the type of DUI offense and your driving history.
First-Time DUI Offenders:
- Eligible for a hardship license after a first DUI offense.
- Must complete a DUI school approved by the DHSMV before applying.
- No prior DUI convictions on record.
Second DUI Offense:
- A hardship license may be available, but only after serving a portion of the suspension.
- Completion of DUI school and possibly additional substance abuse counseling is required.
Third or Subsequent DUI Offenses:
- A third DUI conviction within 10 years results in a 10-year license revocation.
- Hardship licenses are generally restricted for repeat offenders, with eligibility only after serving two years of the suspension.
Refusal to Submit to a Breath Test:
- Under Florida Statutes § 316.1932, refusal to take a breathalyzer can result in an automatic license suspension.
- Hardship license eligibility depends on whether it was a first refusal or a repeat refusal.
How to Apply for a Hardship License in Florida
Applying for a hardship license involves a formal process through the Florida DHSMV. Here’s how it works:
-
Complete DUI School:
- Completion of a state-approved DUI education program is mandatory before applying.
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Serve the Mandatory Suspension Period:
- You must serve a portion of your suspension before applying (varies by offense).
-
Request a DHSMV Hearing:
- You must attend a hardship license hearing with the DHSMV.
- At the hearing, you must demonstrate a need for the license and a commitment to safe driving practices.
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Provide Proof of Completion:
- Present your DUI school certificate and any required substance abuse evaluations.
-
Pay Reinstatement Fees:
- You must pay all administrative fees related to your license reinstatement.
Common Defenses in Florida DUI Cases
While a hardship license can be a useful option after a suspension, defending against the underlying DUI charge is critical. Some of the most effective DUI defenses include:
Unlawful Traffic Stop
An officer must have a valid legal reason to pull you over, such as speeding or erratic driving. If the stop lacked reasonable suspicion, any evidence collected may be suppressed.
Faulty Breathalyzer Results
Breathalyzer devices must be properly maintained and calibrated under Florida Administrative Code Rule 11D-8. If the device was not correctly maintained, the results can be challenged.
Field Sobriety Test Errors
Field sobriety tests can be subjective. Issues like uneven surfaces, poor lighting, or medical conditions can lead to false indicators of impairment.
Improper Law Enforcement Conduct
If officers fail to properly inform you of your Miranda Rights or pressure you into making statements without an attorney present, evidence may be challenged.
Penalties for DUI in Florida and the Importance of a Hardship License
DUI penalties in Florida are severe, even for first-time offenders. Under Florida Statutes § 316.193, penalties include:
-
First DUI Offense:
- License suspension for 6-12 months
- Up to 6 months in jail
- Fines between $500 and $1,000
- DUI school and possible ignition interlock device requirement
-
Second DUI Offense:
- License suspension for up to 5 years
- Mandatory 10 days in jail
- Higher fines and extended probation
-
Third or Subsequent DUI:
- Felony charges
- License revocation for up to 10 years
- Significant fines and possible prison time
A hardship license can help minimize the personal and financial strain caused by losing your driving privileges.
Why Hiring a Private DUI Defense Attorney Makes a Difference
Securing a hardship license and defending against a DUI charge can be complex. Having an experienced Florida DUI defense attorney can greatly improve your chances of success.
Benefits of Hiring a Private DUI Attorney:
- Personalized Case Evaluation: A private attorney can review the details of your arrest and build a defense specific to your situation.
- Protecting Your License: A lawyer can represent you in both the criminal case and the DHSMV hearing to protect your driving privileges.
- Navigating DUI School and Compliance: An attorney can help ensure you meet all eligibility requirements for a hardship license.
- Fighting for Reduced Charges: With proper legal representation, it may be possible to negotiate reduced charges or even a dismissal of your case.
Florida Hardship License FAQs
What is a hardship license in Florida?
A hardship license allows limited driving privileges while your regular license is suspended due to a DUI arrest or conviction. It permits driving only for essential tasks such as work, school, and medical appointments.
How soon can I apply for a hardship license after a DUI in Florida?
Eligibility depends on your offense. For a first DUI, you may apply after completing DUI school. Repeat offenses often require serving part of the suspension before applying.
Can I get a hardship license if I refused a breath test?
Yes, but the consequences differ. If you refused the test for the first time, you could be eligible after completing DUI school. A second refusal can result in criminal charges and further restrictions.
Do I need a lawyer to get a hardship license in Florida?
While not required, hiring a private DUI attorney increases your chances of successfully obtaining a hardship license. An attorney can guide you through the application process, represent you at the DHSMV hearing, and ensure all paperwork is filed correctly.
What happens if my hardship license application is denied?
If your application is denied, you may be able to request a formal review hearing to challenge the decision. A DUI lawyer can present evidence supporting your eligibility for restricted driving privileges.
How can a DUI lawyer help me protect my driving privileges?
A DUI lawyer can represent you in both the criminal case and the DHSMV hearing, ensuring your rights are protected and working to minimize the impact of the arrest on your license and record.
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.