Life After the Plea: How to Get a Hardship License When the DMV Says “Revoked”

By: John Guidry

So, you’ve pled to a DUI charge, and the court has suspended your license. Now what?

• The Goal: You need a Business Purposes Only (BPO) or Employment Purposes Only (EPO) license to keep your job and your life running.
• The Good News: Depending on your history, you may be eligible.
• The Strategy: You might not even need to hire me for this (though you are always welcome to call). Review the requirements below and check with your local Bureau of Administrative Reviews (BAR).

Are you stuck in the “Hard Time” waiting period?

Don’t drive while revoked. It’s a felony. Call John today at (407) 423-1117.

The Reinstatement Roadmap (Florida Statutes 322.271 & 322.28)

The rules depend entirely on how many DUIs you have and when you got them.

1. First DUI Conviction

• Eligibility: Generally eligible immediately (or after a short hard suspension).
• Requirement: Finish DUI Level 1 School and apply for a hearing at the DMV.
• The Catch: Watch out for the DMV adding an Ignition Interlock requirement. It’s rare for a first offense, but possible if your BAL was high.

2. Second Offense Within 5 Years (The 5-Year Revocation)

If you caught a second DUI too soon, your license is revoked for 5 Years.

• The Wait: You must wait 1 Year before applying for a hardship.
• The Conditions:
  1. Finish DUI School.
  2. No Alcohol or Drugs whatsoever for the year leading up to reinstatement.
  3. No Driving (and no tickets) for that year.
• The Hardware: Once reinstated, you must have an Ignition Interlock for at least 1 year (2 years if your BAL was > .20).

3. Third Offense Within 10 Years (The 10-Year Revocation)

If this is your third strike in a decade, your license is revoked for 10 Years.

• The Wait: You must wait 2 Years before applying.
• The Conditions:
  1. Finish DUI School and stay in the DUI Supervision Program. (If you fail treatment, the hardship is canceled).
  2. Strict Sobriety: No alcohol, no drugs, and no driving for the year leading up to reinstatement.
• The Hardware: Mandatory 2-Year Ignition Interlock.

4. DUI Manslaughter (“Permanent” Revocation)

“Permanent” doesn’t always mean forever.

• The Wait: You can try for hardship reinstatement after 5 Years.
• The Conditions:
  1. No arrests for drugs/alcohol for 5 years.
  2. No driving without a license for 5 years.
  3. Total Sobriety: You must be alcohol and drug-free for 5 years.
• The Trap: If you get kicked out of the DUI supervision program, your license is canceled immediately.

5. The “Never” Category

• Scenario: DUI Manslaughter PLUS a separate DUI conviction.
• Result: No Hardship License. Permanent means Permanent.

John’s 2026 Update: The Digital Leash & Sobriety Trackers

Note: In the past, the DMV took your word that you were “Alcohol Free.” In 2026, they demand data.

1. GPS Enforced “Business Purposes” For those on a BPO license (especially 5- and 10-year revocations), the “Honor System” is dead.

• The 2026 Tech: Your Digital License or Car Telematics logs your trips.
• The Violation: If your license is restricted to “Work and Medical,” and your GPS shows you parked at a stadium or a nightclub, the DMV’s AI flags a violation. You don’t just lose the license; you face a Violation of Probation.

2. Proof of Sobriety (SCRAM & Remote Breath) To get a hardship after a multi-year revocation, you must prove you have been “Alcohol Free.”

• The Evidence: The DMV now often requires data from SCRAM Bracelets (sweat alcohol monitors) or Remote Breath Apps (blowing into a phone attachment 3x a day) to prove your year of sobriety. “I promise I didn’t drink” is no longer sufficient evidence.

3. Interlock “Facial ID” As mentioned in previous updates, the mandatory Interlock for 2nd and 3rd offenders now uses Facial Recognition.

• The Risk: If you are on a “DUI Supervision Program” and try to bypass the interlock, it’s an immediate expulsion from the program—which cancels your hardship license instantly.

Get Back on the Road (Legally)

Navigating the DMV bureaucracy is harder than court. But if you have served your “hard time” wait period, we can help you prepare the package to get your freedom back.

Call me at (407) 423-1117. Let’s schedule that hearing.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.