DUI conviction and a Hardship License
Posted on Aug 5, 2013 9:40am PDT
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.