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DUI Hardship License – Florida DUI Law

If you have been arrested for DUI or refused to take a breathalyzer test, your driver’s license may automatically be suspended by the Florida Department of Highway Safety & Motor Vehicles (DHSMV). The length of the suspension will vary based on the circumstances of your arrest and whether or not you have prior breathalyzer test refusals or DUI convictions on your record. If your licensed has been suspended, a Tampa DUI attorney at our firm may be able to get you a hardship license. A hardship license will allow you to legally operate a vehicle despite your license suspension from the DHSMV.

Under Florida law §322.271, a driver with a suspended license can petition the DHSMV for a hardship license. A hardship license is a provisional driver’s license that allows an individual to operate a vehicle for a limited purpose. There are two types of hardship licenses: a business hardship license and an employment hardship license. A business hardship license allows a driver with a suspended license to operate a vehicle for the purpose of maintaining their livelihood. On the other hand, an employment hardship license will permit an individual to operate a vehicle for employment purposes. An employment hardship license is more limited in scope than a business hardship license, meaning you have less flexibility in where and when you can drive with an employment hardship license.

Not every driver with a suspended license will qualify for a hardship license. Depending on the circumstances of your license suspension, you may have to wait for a certain amount of time to pass in order to be eligible for a hardship license.

Requirements For Eligibility

-If the license was suspended because of a second DUI conviction within 5 years, you must wait one year before being eligible for a hardship license.

-If the license was suspended because of a third DUI conviction within 10 years, you must wait two years before being eligible for a hardship license.

-If your license was terminated because of a fourth DUI conviction, you will not be eligible for a hardship license. A fourth DUI conviction will result in permanent revocation of a driver’s license with no possibility of obtaining a hardship license.

Contact an Experienced Florida DUI Lawyer

The DUI attorneys at Florida Law Advisers, P.A. have years of experience representing clients in both DHSMV license hearings and criminal DUI trials. A Tampa DUI Lawyer at our firm can request a hearing on your behalf, help you get a temporary hardship license while your hearing with the DMSHV is pending, and represent you throughout the DHSMV and criminal DUI hearing. The outcome of your DHSMV and criminal DUI trial will greatly affect your finances and future. We understand how important a valid driver’s license is to our clients, and we aggressively fight to help our clients get their licenses reinstated.



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