Obtaining a Hardship License After a DUI Conviction
So, you’ve pled to a DUI charge, and the court has suspended your license. Now what? Well, depending on the circumstances, you may be eligible to obtain a Business Purposes Only license or an Employment Purposes Only license. Hopefully, you may not even need to hire criminal attorney John Guidry to obtain such a license, simply review the requirements below and check with your local DMV, Bureau of Administrative Reviews (of course, you’re always welcome to call me, just in case!). The reinstatement requirements are listed below (details found in Florida Statutes 322.271 & 322.28):
First DUI Conviction: the driver should finish the DUI school & apply to the DMV for a hearing for a chance at a hardship license, but watch out for the DMV adding some ignition interlock requirements (rarely imposed, but it’s possible)
Second Conviction (or more): Can’t get a hardship license, sorry. But, remember we’re talking about “convictions” here, and there’s an exception mentioned below, also interlock compliance
Second Offense Within 5 Years of First (5 year rev): Go ahead and apply for a hardship hearing after one year, but finish the DUI school first, and continue the DUI supervision program for the rest of the five year rev (fail your treatment and DMV will cancel this hardship). Obviously, no alcohol whatsoever (or drugs) and no driving while license suspended charges for the year leading up to reinstatement. Ignition interlock required for a year as a condition of hardship reinstatement or, if BAL .20 or greater, interlock for two years
Third Offense within 10 years of Second Conviction (10 year rev): Wait two years before applying for hardship, have to finish the DUI school and stay in the DUI supervision program for the rest of the rev period (fail your treatment and DMV will cancel this hardship). No drinking alcohol, no drugs, and no driving while license suspended charges during the year leading up to reinstatement. Must do Ignition interlock for 2 years as a condition of this hardship reinstatement.
DUI Manslaughter resulting in a Permanent Revocation: Can try for a hardship reinstatement after 5 years if you haven’t been arrested for a drug charge for 5 years, haven’t driven without a license in 5 years, been alcohol & drug free for 5 years, and completed DUI school. This reinstatement carries with it DUI program supervision, plus two years of interlock. If you are kicked out of the DUI program or school, your hardship will be canceled.
DUI Manslaughter with a separate DUI conviction (Permanent Revocation): No hardship license.