Hardship License (on administrative suspensions)
WHO GETS A HARDSHIP LICENSE , and WHEN DOES ELIGIBILITY BEGIN?
Administrative DL suspensions occur due to a DUI blow over .08, or refusing to blow. These suspensions happen immediately, but the driver can drive on the DUI citation for 10 days from the date of arrest. 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 Case of DUI with a BAL of .08 or higher = 6 month suspension
Second (or more) Case of DUI with a BAL of .08 or above = 1 year suspension
First Refusal to blow, give urine or blood = 1 year suspension
Second (or more) Refusal = 18 month 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 hardship reinstatement may be granted:
DUI Suspension on a BAL of .08 or greater, or Refusing to Blow: have proof of enrollment in DUI school, then apply for administrative hearing. For unlawful BAL's, the driver must go 30 days without a license (or permit) before being granted a hardship reinstatement. If this is a refusal case, driver must go a whole 90 days with no license or permit before the DMV will grant a hardship reinstatement. The DMV will gives no hardship reinstatements for drivers with two or more refusals.
DUI Suspensions for drivers under the age of 21 -- with BAL of .02 or greater: Driver first required to complete a Traffic Law and Substance Abuse Education course. At a BAL of .05 or above, driver must finish DUI program to be eligibile for hardship reinstatement. Also, the driver must go 30 days without a license or permit before being eligibile for hardship reinstatement.
Note that Florida law will not allow a hardship reinstatement on a 2nd (or more) refusal, or if the driver has two or more DUI convictions (unless it's a second DUI within 5 years). Also, any driver suspended from driving a commercial motor vehicle may not obtain a hardship license to drive 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.
Administrative DL suspensions occur due to a DUI blow over .08, or refusing to blow. These suspensions happen immediately, but the driver can drive on the DUI citation for 10 days from the date of arrest. 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 Case of DUI with a BAL of .08 or higher = 6 month suspension
Second (or more) Case of DUI with a BAL of .08 or above = 1 year suspension
First Refusal to blow, give urine or blood = 1 year suspension
Second (or more) Refusal = 18 month 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 hardship reinstatement may be granted:
DUI Suspension on a BAL of .08 or greater, or Refusing to Blow: have proof of enrollment in DUI school, then apply for administrative hearing. For unlawful BAL's, the driver must go 30 days without a license (or permit) before being granted a hardship reinstatement. If this is a refusal case, driver must go a whole 90 days with no license or permit before the DMV will grant a hardship reinstatement. The DMV will gives no hardship reinstatements for drivers with two or more refusals.
DUI Suspensions for drivers under the age of 21 -- with BAL of .02 or greater: Driver first required to complete a Traffic Law and Substance Abuse Education course. At a BAL of .05 or above, driver must finish DUI program to be eligibile for hardship reinstatement. Also, the driver must go 30 days without a license or permit before being eligibile for hardship reinstatement.
Note that Florida law will not allow a hardship reinstatement on a 2nd (or more) refusal, or if the driver has two or more DUI convictions (unless it's a second DUI within 5 years). Also, any driver suspended from driving a commercial motor vehicle may not obtain a hardship license to drive 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.