How to Get a Hardship License After a DUI in Florida

Florida has a complex legal framework and is a no-mercy land when it comes to DUI (Driving under the Influence). Depending on factors like age and Blood-alcohol-level violations, the penalties under such circumstances can range from $500 to $2,000. Additionally, there are implications such as Imprisonment, Probation, License Revocation, 10 days of Vehicle Impoundment, and more.

This article is not meant to scare the reader, but to help someone find a way out if a DUI has been filed against them in Florida. As with any legal framework and norms, there are always solutions that can help one resume a normal commute and livelihood in Florida. But since legal frameworks are replete with endless clauses, one must be abreast of the dos and don’ts to navigate them easily.

We highlight the nuances of Hardship licence, licence reinstatement, and restrictions levied after a DUI conviction, equipping you with the proper knowledge concisely.

Hardship Licence, as the name suggests, is a licence issued by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) that gives you limited freedom to drive your vehicle after a DUI conviction. After a DUI, the legal authorities first suspend the driver’s license as a penalty. The Hardship License helps you gain limited freedom while you serve your penalties simultaneously. It gives you a temporary relief to resume your livelihood obligations while you sort out the mandatory court norms.

In short, A Hardship License must be treated as a privilege and not a right.

Application rules for a Hardship License depend on the frequency, circumstance and intensity of the violation. We have listed a concise rulebook that will iron out all discrepancies.

In any condition or severity of violation, you have to apply for a hardship licence exactly within 10 days from the date of the DUI-based arrest. This requisite is a mandate imposed by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

These 10 days are a crucial period to either accept the Administrative Suspension and request an eligibility review for a hardship licence, or challenge the suspension and request a formal review hearing.

Failure to act on time results in an automatic Hard suspension (6 months for a breath test over 0.08 or 12 months for a first refusal). If you do not apply for the above within 10 days, you lose the right to challenge the system until the hard suspension period is over.

A deep insight into the eligibility criteria that have additional mandates with the frequency of occurrence

​Must enrol in or complete a state-approved DUI School (Level I or II).

1. For 1st DUI Offence (additional mandates)

The convicted must apply to the Bureau of Administrative Reviews (BAR) for an eligibility review and agree to have an Ignition Interlock Device (IID) installed for 6 months.

2. For 2nd DUI Offence (additional mandates)

The convicted must participate in the DUI Special Supervision Service Program, agree to an IID to be installed for a minimum period of 1 year, and show proof of 1 year of sobriety.

3. For 3rd DUI Offence (additional mandates )

The convicted must comply with all mandates of the 2nd DUI offence and increase the IID installation to 2 years.

4. For 4th DUI Offence (additional mandates)

The convicted must adhere to all mandates listed for the 3rd DUI offence and provide proof of 5 years of sobriety.

If we observe the severity of mandates or adherence guidelines, we gauge that the hierarchy increases with the frequency of occurrence. The best way forward is to be extra vigilant the first time to avoid stern rules and penalties.

We further highlight key considerations to smooth your journey in procuring a Hardship Licence.

Apart from enrolling in a DUI school, one must apply to the Bureau of Administrative Reviews by producing proof of enrollment in DUI school, a copy of the DUI citation, the eligibility form, the reinstatement fee, and a copy of a 30-day driving record.

In a complex legal system in Florida, dealing with everything on your own can be challenging. There are circumstances in which you face unprecedented roadblocks in your efforts. For example, failure to complete the DUI school within 90 days of enrollment may result in rejection of the application. The hard suspension period, ranging from 30 days to 12 months, can be really exhausting. Finally, despite DUI convictions, there are things to be taken care of, viz., livelihood, career or business for which one needs to commute regularly. A lack of a reliable transportation system can unnecessarily deteriorate the quality of life.

Procuring a hardship license is akin to reclaiming your lost freedom, but it comes with a price, as everything else under the sun does. The only way out of a mistake is to know the consequences, abide by the rules henceforth, and find the middle path. We have touched base on everything, so you can reach a middle ground and resume an everyday life. A registered legal attorney with deep insights into the laws can offer you a hand and become your trusted legal representative, easing your journey.

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