DUI conviction and a Hardship License

There are many questions that come from a DUI arrest and conviction, but the most confusing seem to be related to your driver’s license. The laws are complicated and get harder with the more convictions you have. If during a DUI investigation you give air samples to a breathalyzer and the results are over .08, the officer will invalidate your driving privileges. You may get a hardship or Business Purpose Only License temporarily only to have the Judge suspend your license again after you get convicted. Well if you do get convicted of a DUI in Florida, there may be hope. You may be qualified to obtain a Business Purposes Only License from the Florida Department of Highway Safety and Motor Vehicles. The Florida Statutes 322.271 & 322.28 set forth the reinstatement requirements.

For a driver with a first time DUI Conviction, once you complete the DUI School you can apply to the DHSMV for a hearing for a hardship license. It gets more difficult with more DUI convictions. If you get a second DUI conviction, you do not qualify for a hardship license immediately at all.

On a second DUI conviction within five years of your first conviction, you will lose your driver’s license for five years. You can apply for a hardship license only after one year without any driver’s license. To qualify, you have to finish the DUI School and follow a DUI suspension program for the remaining four years. You have to be drug and alcohol free. You can’t have any Driving While License Suspended charges. There is also an ignition interlock device requirement. If you fail to follow any one of these requirements, your hardship license will be revoked.

If you have a third DUI conviction and it is within ten years of the second conviction, you will lose your driver’s license for ten years. You may qualify for a hardship after having no driver’s license for two years. Again, you have to finish the DUI School and follow a DUI suspension program for the remaining eight years. You have to be drug and alcohol free. You can’t have any Driving While License Suspended charges. There is also a two year ignition interlock device requirement. If you fail to follow any one of these requirements, your hardship license will be revoked.

If you are convicted of a DUI Manslaughter, your driver’s license will be permanently suspended. You may qualify for a hardship, if you have no other DUI convictions, and if you haven’t been arrested for a drug charge in the last five years. To qualify for a hardship license you cannot have a driver’s license for five years. Again, you have to finish the DUI School and follow a DUI suspension program for the remaining eight years. You have to be drug and alcohol free. You can’t have any Driving While License Suspended charges. There is also a two year ignition interlock device requirement. If you fail to follow any one of these requirements, your hardship license will be revoked.
It is hard to obtain a Business Purpose Only License, but in some cases it is not impossible. To be fully informed contact Longwell Lawyers at 407-426-5757 and talk to one of our attorneys. We are a group of experienced lawyers that will render the best of our professional abilities.

Categories: DUI