Hardship License (after DUI conviction)
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: Must complete the DUI school & apply to the DMV for a hearing for a possible hardship reinstatement & watch out for possible Ignition Interlock Device compliance requirements
Second Conviction (or more): No hardship license except as we mention below, also interlock compliance
Second Offense Within 5 Years of First Conviction (5 year revocation): May apply for hardship reinstatement hearing after one year, but must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (discharge from counseling or treatment will cause the hardship license to be canceled), also no consumption of any alcoholic beverage or drugs or driving while license suspended charges during the 12 months prior to reinstatement. Ignition interlock required for one year as a condition of hardship reinstatement or, if BAL .20 or greater, the interlock is required for two years
Third Offense within 10 years of Second Conviction (10 year revocation): May apply for hardship reinstatement hearing after two years, but must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (discharge from counseling or treatment will cause the hardship license to be canceled), also no consumption of any alcoholic beverage or drugs or driving while license suspended charges during the 12 months prior to reinstatement. Ignition interlock required for two years as a condition of hardship reinstatement.
DUI Manslaughter With No Prior DUI Related Conviction (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from the date of revocation or expired from date of term of incarceration provided the following requirements have been met:
1. Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;
2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
3. Has been alcohol and drug-free for at least 5 years prior to the hearing; and
4. Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (discharge from counseling or treatment will cause the hardship license to be canceled). Ignition interlock required for two years as a condition of hardship reinstatement.
DUI Manslaughter with a separate DUI conviction (Permanent Revocation): No hardship license.
Manslaughter, DUI with Serious Bodily Injury, or Vehicular Homicide Convictions (3 Year Revocation): May immediately apply for hardship reinstatement hearing. but must complete DUI school.
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: Must complete the DUI school & apply to the DMV for a hearing for a possible hardship reinstatement & watch out for possible Ignition Interlock Device compliance requirements
Second Conviction (or more): No hardship license except as we mention below, also interlock compliance
Second Offense Within 5 Years of First Conviction (5 year revocation): May apply for hardship reinstatement hearing after one year, but must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (discharge from counseling or treatment will cause the hardship license to be canceled), also no consumption of any alcoholic beverage or drugs or driving while license suspended charges during the 12 months prior to reinstatement. Ignition interlock required for one year as a condition of hardship reinstatement or, if BAL .20 or greater, the interlock is required for two years
Third Offense within 10 years of Second Conviction (10 year revocation): May apply for hardship reinstatement hearing after two years, but must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (discharge from counseling or treatment will cause the hardship license to be canceled), also no consumption of any alcoholic beverage or drugs or driving while license suspended charges during the 12 months prior to reinstatement. Ignition interlock required for two years as a condition of hardship reinstatement.
DUI Manslaughter With No Prior DUI Related Conviction (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from the date of revocation or expired from date of term of incarceration provided the following requirements have been met:
1. Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;
2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
3. Has been alcohol and drug-free for at least 5 years prior to the hearing; and
4. Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (discharge from counseling or treatment will cause the hardship license to be canceled). Ignition interlock required for two years as a condition of hardship reinstatement.
DUI Manslaughter with a separate DUI conviction (Permanent Revocation): No hardship license.
Manslaughter, DUI with Serious Bodily Injury, or Vehicular Homicide Convictions (3 Year Revocation): May immediately apply for hardship reinstatement hearing. but must complete DUI school.