“Hard Time” vs. “Hardship”: How to Keep Driving After a DUI Arrest

By: John Guidry

As if the penalties for a DUI case aren’t bad enough, the DMV starts punishing you long before you ever see a judge. If you blow over .08 or refuse to blow, your license is suspended immediately.

• The Grace Period: You can drive on your DUI citation (it acts as your permit) for 10 days from the date of arrest.
• The Cliff: On Day 11, you are walking… unless you act fast.

Did the police take your license last night?

You have 10 days to fix this. Call John today at (407) 423-1117.

The Suspensions (The Penalty Box)

Before we talk about getting your license back, let’s look at how long they take it away:

• 1st DUI (Blow > .08): 6-Month Suspension.
• 1st Refusal: 1-Year Suspension.
• 2nd Refusal: 18-Month Suspension (and a separate criminal misdemeanor).

Option 1: The “Fight” (Challenging the Suspension)

You have the right to challenge the suspension in a “Formal Review Hearing.”

• The Risk: If you choose to fight, the DMV imposes “Hard Time” while you wait. You cannot get a hardship license immediately.
  • Blow > .08: You must wait 30 days with NO driving.
  • Refusal: You must wait 90 days with NO driving.
• Why do this? Only if we believe there is a strong legal error in the suspension paperwork that could win the hearing. If we lose, you serve the suspension.

Option 2: The “Waiver” (Immediate Hardship)

If this is your First DUI (and you have no prior Reckless Driving convictions), you can skip the “Hard Time.” The Deal: You agree to Waive your right to fight the suspension. The Reward: You get a Business Purposes Only license immediately. No 30-day wait. No 90-day wait.

How to Get It (The Checklist):

1. Enroll in DUI School: You must do this first.
2. Go to the DMV: You must appear in person at the Bureau of Administrative Reviews (BAR). Your lawyer cannot do this for you.
3. Pay the Fees: Approx. $500 total ($250 for school, $25 waiver fee, $200 reinstatement fee).
4. Beat the Clock: You must do this within 10 DAYS of the arrest.

The “10-Day” Trap (Don’t Trust the Weekend)

The 10-day deadline is strictly enforced.

• The Law (15A-6.004): Legally, if Day 10 falls on a Saturday or Sunday, you should have until Monday.
• The Reality: Some DMV offices do not understand this rule and will turn you away on Monday.
• My Advice: Do not play chicken with the calendar. If Day 10 is Sunday, go on Friday.

John’s 2026 Update: Online School & Interlocks

Note: In the past, you had to physically drive to DUI school to enroll. In 2026, technology helps, but the rules are tighter.

1. Online Enrollment In 2026, you can enroll in DUI School online and get the Proof of Enrollment emailed to you instantly.

• The Strategy: Do this immediately. You can print the receipt and walk into the DMV the next morning.

2. Win Rates for “Formal Review Hearings” Should you fight or waive?

• The Stats: In 2026, the DMV “rubber stamps” most suspensions. Winning a Formal Review Hearing is statistically rare unless the officer made a catastrophic paperwork error.
• My Advice: Unless the officer failed to sign the affidavit or didn’t show up, the Waiver is usually the smarter play for first offenders. It keeps you employed.

3. Ignition Interlock for High Blows If you blew over .15, the DMV might grant the hardship but require an Ignition Interlock Device (IID) immediately.

• The Cost: This adds about $100/month to your expenses, but it allows you to drive legally.

Don’t Let the Calendar expire

The clock started ticking the moment the handcuffs clicked. You have 10 days to save your ability to drive to work.

Call me at (407) 423-1117. Let’s get you reinstated.

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.