WHO GETS A HARDSHIP LICENSE , and WHEN DOES ELIGIBILITY BEGIN?

Administrative suspensions are a fancy way of describing the DL suspension that occurs when an officer arrests a citizen for DUI.  These suspensions happen immediately, and the officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest, assuming the driver is otherwise eligible.  Before we discuss hardship issues on administrative suspensions, let's review the suspensions themselves.  These suspensions vary depending upon the circumstances surrounding the DUI arrest (i.e., blow or refusal, etc), here's how they break down:

First Suspension for DUI with a BAL of .08 or above: 6 month suspension

Second or Subsequent Suspensions for DUI with a BAL of .08 or above: 1 year suspension

First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year suspension

Second or Subsequent Suspensions for Refusal: 18 months suspension (plus, as you may already know, a second refusal is a criminal misdemeanor offense)

HOW LONG MUST I WAIT BEFORE GETTING A HARDSHIP LICENSE?

Now for the Hardship License analysis.  Assuming a properly drafted appeal has been submitted to the DHSMV's Bureau of Administrative Reviews, here's the breakdown on when a business or employment only reinstatement may be granted:

DUI Suspension on a BAL of .08 or greater, or Refusal: Must show proof of enrollment in DUI school and apply for administrative hearing.  For unlawful BAL's, the driver must serve 30 days without a driver's license (or permit) prior to eligibility for hardship reinstatement.  For first refusal, driver must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement.  No hardship reinstatements for two or more refusals.

DUI Suspension on Under Age of 21 DUI with BAL of .02 or above: Driver must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement.  At a BAL of .05 or above, driver must complete DUI program prior to eligibility for hardship reinstatement.  Must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement.

Note that Florida law prohibits a hardship reinstatement on a 2nd or more test refusal, or if the driver has been convicted of DUI two or more times (unless it's a second DUI within 5 years).  Also, any driver disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.

Yes, I know this doesn't cover absolutely everything, so feel free to call me, criminal attorney John Guidry, and I'll answer any more questions you may have.