Hardship License & Reinstating a Driver’s License in Florida

August 28, 2023 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

Certain offenses in Florida can result in a person losing their ability to drive. This can occur through the suspension or revocation of a driver’s license, either for driving under the influence (DUI) or another qualifying offense.

When a Florida driver has their license suspended or revoked, they can apply for a restricted driving privilege through a hardship license or wait for the required period to have their license reinstated. It is important to understand the difference between the two concepts, as well as the steps to take in each circumstance.

If you have recently lost your driver’s license, consider reaching out to an experienced Tallahassee defense attorney. Pumphrey Law can provide helpful insight and help to restore your driving privileges.

Suspension vs. Revocation

It is important to differentiate between having your driver’s license suspended versus having your driver’s license revoked.

If your license was suspended, it means there has been a temporary ban placed on the person’s driver’s license. This can be for a specific period or indefinitely. If the license is suspended indefinitely, it means you must take necessary action or else it will remain suspended. Example causes for a driver’s license to get suspended in Florida include:

• Failure to pay a traffic violation fine;
• Accumulation of too many points on driver’s license;
• Failure to appear in traffic court;
• Invalid or fraudulent driver’s license; and/or
• Failure to pay child support.

If your license was revoked, it means you have permanently lost the ability to legally drive in Florida. To legally drive again, you must apply for a hardship license (when eligible) or wait to apply for a reinstatement. Example causes for a driver’s license to get revoked in Florida include:

• DUI conviction;
• Failure to render aid after crash causing injury or death of another person;
• Felony conviction for drug possession;
• Felony conviction or commission where motor vehicle was used;
• Being declared a habitual traffic offender; and/or
• Vision declared worse than the standard requirements.

Period of Driver License Revocation for DUI

If your license was suspended due to a DUI conviction, the revocation period will depend on your previous criminal history.

The following lists the different periods for a driver’s license revocation after a DUI conviction, according to the Florida Highway Safety and Motor Vehicles (FLHSMV):

• First DUI offense without bodily injury: Minimum license revocation for 180 days, up to one year;
• First DUI offense with bodily injury: Minimum license revocation for three years;
• Second DUI offense within five years from first conviction: Minimum license revocation for five years (with eligibility for hardship reinstatement after one year);
• Second DUI offense five or more years after first conviction: Minimum license revocation for 180 days, up to one year;
• Third DUI offense within 10 years of the second conviction: Minimum 10-year revocation (with eligibility for hardship reinstatement after two years);
• Third DUI offense 10 or more years after second conviction: Minimum license revocation for 180 days, up to one year;
• Fourth DUI offense, regardless of when prior convictions occurred: Mandatory permanent revocation. (Eligibility for hardship reinstatement may occur after five years, with the revocation period beginning upon the date of release from incarceration); and
• DUI manslaughter conviction: Mandatory permanent revocation. (Eligibility for hardship reinstatement may occur after five years if there are no prior DUI convictions.)

Process to Receive a Hardship Driver’s License

Even if your Florida license has already been revoked or suspended, there is still a way to recover it for the purpose of your business or place of employment. Often referred to as a hardship license, Florida Statute Section 322.282 provides the following:

“The department shall issue a temporary driver permit to a licensee who presents the court’s order of reinstatement, proof of completion of a department-approved driver training or substance abuse education course, and a written request for a hearing under section 322.271.”

Further, section (b) explains that the temporary license is restricted for the use of either business or employment purposes. In other words, a hardship license cannot be used for recreational, non-essential driving purposes.

Florida Statute Section 322.271 explains that when a person has their driver’s license suspended, cancelled, or revoked, the department shall notify them immediately to offer the opportunity of a hearing. The hearing shall take place as soon as possible, but no more than 30 days following the receipt of the hearing request.

During the hearing, the person must show that the suspension or revocation of their driver’s license causes a serious hardship to their life. This may include preventing the person from carrying out their normal employment, or that their license is necessary to the support of their family. The department shall then decide whether to suspend, affirm, or modify its order. If the licensee has their driving privilege restored, it may be on a restricted basis for business or employment purposes only.

You can review FLHSMV’s application for an Administrative Hearing here.     

Process to Reinstate Driver’s License

When a person convicted of DUI has their driver’s license suspended, they are required to complete several steps before applying for a hardship license. This may include enrolling in a DUI educational program or installing an ignition interlock device (IID).

A convicted person can apply to reinstate their driver’s license with the following steps, based on the number of DUI convictions:

• First DUI conviction: Must complete a DUI school and apply for a hardship reinstatement hearing through FLHSMV. If the defendant’s BAL is .15 or higher, there is also a mandatory installation of an IID for up to six months;
• Second DUI conviction within five years: Must complete DUI school and remain in a DUI supervision program for the duration of the revocation period. The convicted person may not consume any alcohol or controlled substance or have driven a motor vehicle for a period of 12 months prior to the reinstatement. Failure to report for treatment or counseling can result in the hardship license getting canceled. If the defendant’s BAL is greater than .15, there is also a mandatory installation of an IID for 1-2 years.
• Third conviction within 10 years of prior conviction: Must complete DUI school and remain in a DUI supervision program for the remainder of the revocation period. The convicted person may not consume any alcohol or controlled substance or have driven a motor vehicle for a period of 12 months prior to the reinstatement. Failure to report for treatment or counseling can result in the hardship license getting canceled. There is also a mandatory IID installation required for two years.
• DUI manslaughter with no prior DUI convictions: May be eligible for hardship reinstatement after five years if the following requirements are met:
  • Convicted applicant was not arrested for a drug-related offense in the last five years;
  • Convicted applicant has not driven or operated a motor vehicle without a license for at least five years;
  • Convicted applicant has been alcohol and drug-free for at least five years; and
  • Convicted applicant must complete a DUI school and remain supervised under a DUI program for the duration of the revocation period.

Failure to report for treatment or counseling following a DUI manslaughter conviction can result in the hardship license getting cancelled.

Important: If you have enrolled in a DUI program to receive a hardship license, you must complete it within the specified time. Failure to complete the education course or treatment can result in the hardship license being revoked.

Commercial Motor Vehicle (CMV) Operators

Florida Statue Section 322.01 defines a commercial motor vehicle which has a weight of 26,001 pounds or more, is designed to transport over 15 persons including the driver, or is used for transporting hazardous materials that is required to be placarded in accordance with 49 C.F.R. part 172, subpart F.

Drivers who operate a CMV are often required to obtain a Commercial Driver License (CDL). When a CMV driver is convicted of any of the following offenses while operating a CMV or non-CMV results in them being disqualified from operating a CMV for a period of one year:

1. Driving a motor vehicle while under the influence of alcohol or controlled substances;
2. Driving a commercial motor vehicle (CMV) with the blood, breath, or urine alcohol concentration of .04 or higher;
3. Leaving the scene of an accident involving their motor vehicle;
4. Using the CMV or motor vehicle in the commission of a felony offense;
5. Refusing to submit a test to determine the operator’s alcohol concentration;
6. Driving a CMV after a prior violation resulted in the CDL license or commercial learner’s permit getting revoked, suspended, or cancelled, or if they were disqualified from operating a CMV; or
7. Causing the death of another person through the negligent use of a CMV.

Habitual Traffic Offenders

A habitual traffic offender (HTO) is a person who has received any of the following three major traffic offenses within five years:

• Driving while license is suspended or revoked;
• DUI or other alcohol-related convictions;
• Failure to stop and render aid after motor vehicle wreck;
• Vehicular manslaughter; or
• Any felony in the commission where a motor vehicle is used.

According to FLHSMV, a person determined to be a habitual traffic offender will have their driver’s license revoked for five years. The HTO can apply for a hardship license, but only after waiting one year from the date of revocation. To do so, the HTO must submit proof of an Advanced Driver Improvement course and pay the reinstatement fee, along with any other fees.

DUI Programs in Tallahassee

The FLHSMV provides a list of DUI programs offered around the state that offer the required drug and alcohol education for those convicted of DUI. To satisfy the judicial and driver’s license requirements, the convicted person may complete either a Level I or Level II course.

The Level I course is for first-time DUI offenders and involves a minimum of 12 hours in a class to receive informative and interactive education.

The Level II course is for those with multiple DUI convictions and involves a minimum of 21 hours in a class to receive information on repeat offenders and treatment readiness.

Any person convicted of a DUI in Franklin, Gadsden, Jefferson, Leon, Liberty, Wakulla, Madison, or Taylor County will use the DUI program with the North Florida Safety Council, Inc.

According to the North Florida Safety Council’s site, you must provide the following information to register for their DUI Level I or II course:

• Driver’s license number;
• Photo I.D. card (Florida I.D. or driver license required – no exceptions);
• Citation;
• Complete arrest report (Obtained through the Clerk of Court Traffic Department in the County you were arrested. If this document is not available, then provide the written documentation from the Clerk of Court on their letterhead.);
• Court orders (if applicable);
• Blood Alcohol Content (BAC) test results or Refusal affidavit;
• Name of probation officer (if applicable); and
• If your license was from a prior state, you will need to obtain a certified lifetime driving history from that state(s) via mail. This record cannot be older than 30 days. Out of state driving histories can also be requested online in their office for an additional state mandated fee.

The cost of online preregistration for a Level I DUI course is $342.

The cost of online preregistration for a Level II DUI course is $500.

To find out more about North Florida Safety Council’s process and pricing for receiving a restricted license, you can refer to their page here. 

Contact a Tallahassee DUI Defense Attorney

If your license has been suspended or revoked in Leon County or the surrounding Tallahassee area, consult with a DUI defense attorney about your options. If you are also facing charges of DUI or other motor vehicle-related offenses, a defense attorney will be able to provide you with support and legal advice to fight the charges against you.

The attorneys at Pumphrey Law have years of experience working on Florida DUI cases. Our firm has a strong understanding of suspended or revoked driver’s licenses. We can provide helpful insight, keep you up to speed with the status of your license, and represent you during the hearing for a hardship license.

Contact our office today at (850) 681-7777 or send us an online message to receive a free consultation.

Written by Karissa Key

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