A DUI conviction in Florida comes with severe penalties, including the suspension of your driver's license. This can significantly impact daily routines such as getting to work or attending school. Florida law provides an opportunity for specific individuals to obtain a hardship license, allowing limited driving privileges during the suspension period.
Eligibility Requirements: Hardship License in Florida After a DUI Conviction
A hardship license is typically only issued for business or employment purposes and allows individuals with a suspended license to drive for specific reasons. These reasons typically include driving to and from work, school and necessary appointments as well as some household errands.
Not all individuals who have been convicted of a DUI in Florida qualify for a hardship license, as the criteria for eligibility depend on the specific circumstances and seriousness of the offense. In Florida, those seeking a hardship license must satisfy the requirements established by the Florida Department of Highway Safety and Motor Vehicles. These conditions include demonstrating a genuine hardship, meeting reinstatement qualifications, and providing the required paperwork.
It is crucial to comprehend the particular criteria set forth by the Florida DHSMV in order to obtain a hardship license, as documentation might involve demonstrating enrollment in educational or medical programs.
To be eligible for a hardship license after a DUI conviction, the following general conditions must be met:
Completion of the Administrative Suspension Period:
After your license has been suspended in accordance with Florida’s Administrative Suspension Law, you will need to serve a mandatory suspension period before being eligible to apply for a hardship license. Typically, for a first-time DUI offense, this period lasts around 30 days.
Enrollment in DUI School:
Individuals in Florida who need a hardship license must enroll in and start attending DUI school, as mandated by state law. Successfully finishing this program is a requirement before being eligible to apply for a hardship license. DUI school offers educational and counseling services with the goal of reducing the likelihood of future violations.
No Prior DUI Convictions Within Five Years:
First-time offenders usually do not have to wait beyond the initial 30-day suspension period. Nevertheless, if you have a previous DUI conviction within the last five years or a second conviction within the past 10 years, you will need to undergo a longer suspension period before being able to apply for a hardship license.
Compliance with Court Orders:
It is necessary for individuals to adhere to all penalties ordered by the court, including fines, probation, community service, or the installation of an ignition interlock device (IID). Non-compliance may lead to the rejection of a hardship license.
Hardship License Hearings
To secure a hardship license in Florida, you must go through FLHSMV hardship license hearings, where your case will be evaluated individually. These hearings are conducted by the Florida Highway Safety and Motor Vehicles to determine if your license suspension or revocation is causing a significant hardship. It is crucial to provide evidence of your hardship during the hearing, including documentation from your employer or medical provider.
To request an administrative hearing, submit your application within 10 days after receiving the suspension notice. It’s crucial to act promptly to ensure your opportunity to present your case. Late applications may not be accepted, so consult a lawyer or visit the Florida Department of Highway Safety and Motor Vehicles website for detailed submission instructions.
Failing to submit an application for an administrative hearing can lead to the automatic suspension of your driver’s license. It also means you won’t have the chance to present evidence or dispute the suspension. Make sure you’re aware of the deadlines and requirements to avoid losing your driving privileges.
What happens if I have been arrested?
If you have been arrested for a DUI offense in Florida, it is in your best interest to connect with a proven DUI lawyer in Lakeland. This is true whether or not you participated in a field sobriety test. DUI convictions carry severe penalties to include criminal records, suspended license, fines, and a long list of other long-lasting consequences that will undoubtedly have a profound effect on your life.
At McMann, P.A., we go the extra mile to fight for our clients while ensuring that their rights have not been violated. Do not face the potential consequences of a DUI charge alone, work with a proven and trusted Lakeland DUI attorney.
By working with an experienced attorney, you can increase your chances of obtaining a hardship license with favorable conditions, such as restricted driving hours or limited purposes for driving.
Mark D. McMann
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