DUI – Laws
DUI – Penalties
DUI - Refusal to Submit to Testing
DUI – Defenses
DUI – Automatic License Suspension
DUI - Reinstatement of License
DUI – Field Sobriety Exercises (“tests”)
DUI – Breath Tests and Breathalyzer
DUI – Blood and Urine Tests
DUI - How to Calculate Blood Alcohol Content
Driver’s License Reinstatement
Once you have been arrested for DUI and have received an
administrative license suspension for either refusing to submit to a
blood, breath or urine test or blowing over the legal limit
or you pled guilty or were found guilty of DUI and you received a
license suspension from the court
you may, after certain time,
be eligible for a hardship or business purposes license or
reinstatement of your license. This type of license will
allow you to drive and restricted basis, usually to and from work or
for business purposes and for things like shopping for groceries or
personal needs. Listed below are the relevant portions of Florida
law that dictate a person’s eligibility for either a hardship or
business purposes license or license reinstatement after a DUI.
Click
here to learn how
to
reinstate
your license after an Administrative Suspension
Driver’s License Reinstatement Business
Purposes or Hardship License
-
First DUI Conviction:
has a
180 day to 1 year revocation effective on conviction date.
Before expiration of the revocation period, you may apply for a
hardship license in the county where you live. You must
complete the required DUI School and treatment, if referred. You
may then apply for a hardship license in any Administrative
Reviews Office.
If you wait to
reinstate your license until your revocation period ends, proof of
enrollment or completion of DUI School and treatment, if referred,
is required. Failure to complete the course within 90 days after
reinstatement will result in cancellation of your driver license by
the department until the course is completed. Failure to
complete treatment may result in cancellation of your driver
license.
-
Second DUI Conviction (more than 5 years):
Will
result in a 180 day to 1 year revocation.
No hardship license.
You cannot reinstate early for hardship. The
full revocation period must
be served before requesting driver license reinstatement.
-
Second DUI Conviction (Within 5 Years):
Will result in a 5-Year revocation. You may apply for a hardship
license at the Administrative Reviews Office after serving
one year of the suspension from the effective date of revocation.
You must complete DUI school and treatment (if referred)
and you must have a favorable recommendation from the Special
Supervision Services Program to be eligible for a hardship
license. If given approval to reinstate early for hardship, you
must present this approval to the driver license office.
Additionally, you must remain in the DUI supervision program for
the remainder of the revocation period (failure to report for
counseling or treatment shall result in cancellation of the
hardship license).
If you wait to reinstate until after your revocation period
ends, proof of enrollment or completion of DUI School, and
treatment, if referred, is required. Failure to complete the course
within 90 days after reinstatement will result in cancellation of
your driver license by the department until the course is completed.
Failure to complete treatment may result in cancellation of your
driver license.
-
Third DUI
conviction (more than 10
years):
Will result in a 180-day to 1-year revocation, unless the last 2
of the convictions fall within 5 years in which case a five-year
revocation will apply.
You are not eligible for a
hardship license and must wait out the entire revocation period.
-
Third Conviction (Within 10 Years):
Will result in a 10-Year Revocation. You must serve 2 years of
this revocation period before being eligible to apply for a
hardship license or reinstatement hearing. You must
complete DUI school and treatment (if referred) and have a
favorable recommendation from the Special Supervision Services
Program to be eligible for a hardship license. If given approval
to reinstate early for hardship, you must present this approval
to the driver license office. You must remain in the DUI
supervision program for the remainder of the revocation period
(failure to report for counseling or treatment shall result in
the cancellation of the hardship license).
If you wait to reinstate until after your revocation period ends,
proof of enrollment or completion of DUI School, and treatment, if
referred, is required. Failure to complete the course within 90 days
after reinstatement will result in cancellation of your driver
license by the department until the course is completed.
Failure to complete treatment may result in cancellation of your
driver license.
-
Fourth or subsequent DUI Conviction: No hardship license, this
will result in a permanent revocation.
There is no provision for a hardship license.
-
DUI Manslaughter With
No Prior DUI Related Conviction:
This
will result in a permanent
revocation. However, you may be eligible for a hardship
reinstatement after 5 years have expired from date of revocation
or expired from date of term of incarceration provided the
following requirements have been met:
- Has not been arrested for a
drug-related offense for at least 5 years prior to the
hearing;
- Has not driven a motor vehicle without
a license for at least 5 years prior to the hearing;
- Has been alcohol and drug-free for at
least 5 years prior to the hearing; and
- Must complete a DUI school and
treatment (if referred)
and have a favorable recommendation from the Special
Supervision Services Program to be eligible for a hardship
license. Must be supervised under the DUI program for
the remainder of the revocation period (failure to report
for counseling or treatment shall result in cancellation of
the hardship license); and
- Ignition interlock device required for
two years.
-
DUI Serious Bodily
Injury: A first offense will
result in a three (3)
year revocation. May immediately apply for hardship
reinstatement hearing. Must complete DUI school or
advanced driver improvement course. A subsequent offense will
result in a permanent revocation.
Disclaimer: The information on this page
should be used as a reference only and
is not intended
to be legal advice. Florida criminal law is continually changing
therefore some of the provisions contained here may be out of date.
It is always best to consult a Florida criminal defense lawyer about
your legal rights and responsibilities regarding your particular
case.
Consult With an Experienced Orlando and Kissimmee DUI Attorney
Corzo & Kohrs, P.A. can assist you in obtaining
your hardship drivers license. Your driver’s license is one of the
most important things to have and without it could severely affect
your way of life.
If you have been arrested and charged with a DUI or other criminal
offense contact Orlando DUI attorney
Will Corzo or
Sam Kohrs. Call toll free
877-99CK-LAW
for a free consultation and explanation of your rights.
The Central Florida DUI defense law firm of
Corzo and Kohrs
exclusively limits their practice to defending clients charged with
criminal offenses including DUI and other crimes throughout central
Florida, including clients from Orange County, Osceola County,
Seminole County, Polk County, and Pinellas County and in cities such
as Orlando, Kissimmee, St. Cloud, Poinciana, Celebration, Hunter’s
Creek, Ocoee, Oviedo, Avalon Park, Windermere, Altamonte Springs,
Baldwin Park, Clermont, Winter Park, St. Petersburg, Seminole,
Clearwater, including clients from schools such as University of
Central Florida UCF, University of South Florida USF, Valencia
Community College, Full Sail, and other Central Florida schools.
Florida DUI Attorney Will Corzo and Sam Kohrs are available 24 hours
a day and on weekends and holidays.

