How a DUI Conviction Can Affect Your Ability to Obtain a Florida Hardship License

We've all heard the phrase, “Don't drink and drive,” but it still bears repeating, especially considering the vibrant nightlife and many restaurants lining Florida's beautiful beaches. With such a thriving gastronomic scene, the opportunities to indulge can sometimes lead to excessive drinking and a DUI conviction.

Apart from the legal and financial repercussions, one aspect often overlooked is the impact a DUI conviction can have on your ability to drive – more specifically, your eligibility to obtain a hardship license under Florida laws.

As a West Palm Beach DUI attorney, Ron Chapman receives frantic calls from Floridians dealing with a driver’s license suspension due to a DUI conviction. In this blog, he shares what he tells them and what you need to know if you find yourself in a similar situation.

If you have questions or need help obtaining a Florida hardship license, contact us at (561) 832-4348 to schedule a meeting, so we can begin to fight for you.

What is a DUI Conviction?

A driving under the influence (DUI) conviction refers to being found guilty of driving under the influence of alcohol or other controlled substances.

In Florida, you can be charged with DUI if your blood alcohol content (BAC) is 0.08% or higher or if you're visibly impaired by drugs or alcohol.

The Florida Hardship License: What is it?

So, where does a hardship license come in? Also known as a restricted license, a hardship license allows individuals with a suspended or revoked license to drive under specific circumstances, such as commuting to work or school, attending medical appointments, or fulfilling other necessary obligations.

Eligibility for a Florida Hardship License

Eligibility for a hardship license depends on several factors. To be eligible, you must first serve a certain period of time without a license. You must also complete any required courses or treatments depending on the reason for your suspension.

Additionally, you must have no outstanding citations or unpaid fines and prove that the ability to drive is necessary for work, school, or other essential activities. While getting a hardship license is not easy, it can be a lifesaver for those who need it most.

Types of Florida Hardship Licenses

There are mainly two types of hardship licenses in Florida:

• Employment Purposes License
• Business Purposes License

The Employment Purposes License is limited to commuting to and from work, while the Business Purposes License allows for more comprehensive driving privileges related to running a business.

Ineligibility Factors for a Florida Hardship License

While a Florida hardship license can be a lifeline for those facing DUI convictions, it's important to note that not everyone will be eligible for this provision. Certain factors can lead to ineligibility, thereby preventing you from obtaining a hardship license.

Understanding these factors can be key to your strategy after your DUI conviction, as it could impact your decisions and overall legal approach.

• Unserved Suspension Period: Florida law stipulates that you must serve a certain mandatory suspension period before you can apply for a hardship license. For first-time DUI offenders, this is typically a 30-day period. If this mandatory period has not been fully served, you are ineligible for a hardship license.
• Non-Completion of Required Courses: One of the prerequisites for obtaining a hardship license is the completion of mandatory DUI education or treatment programs as dictated by the court. If you have not enrolled in or completed these programs, you will be ineligible.
• Outstanding Citations or Unpaid Fines: If you have any outstanding traffic citations or unpaid fines, this will affect your eligibility for a hardship license. All fines and legal obligations must be paid and resolved before applying.
• Multiple DUI Convictions: The number of previous DUI convictions can impact eligibility. While Florida law does allow individuals with multiple DUI convictions to apply for a hardship license, restrictions become progressively tighter with each additional conviction.In some cases, especially with three or more convictions, obtaining a hardship license may become much more difficult, if not impossible.
• Refusal to Submit to a Blood Alcohol Test: If you refused to submit to a BAC test at the time of your arrest, this can also affect your eligibility for a hardship license. Florida law maintains an implied consent law, where refusal can lead to an automatic license suspension.
• Serious Bodily Injury or Manslaughter Charges: If your DUI resulted in serious bodily injury or manslaughter, it could lead to ineligibility for a hardship license, especially if you are serving a prison sentence for these offenses.

These are just a few examples of the factors that can influence your eligibility for a hardship license in Florida. It's always advisable to consult with an experienced DUI attorney to understand the specific criteria and how they apply to your unique situation.

Steps to Obtain a Florida Hardship License

The process of obtaining a Florida hardship license typically involves the following steps:

1. Consultation with an experienced West Palm Beach DUI attorney to assess your case and determine the best course of action
2. Completion of any mandatory DUI education or treatment programs as required by the court
3. Getting a copy of your 30-day driving record. This is done by contacting your local county clerk’s office and putting in a request for your documentation
4. Gathering the necessary documentation, including proof of enrollment in a licensed DUI program, a letter explaining the need for a hardship license, and any other relevant documents
5. Submitting the completed application form and supporting documents to the Florida Department of Highway Safety and Motor Vehicles (DHSMV)
6. Attending a hearing with the DHSMV to present your case and demonstrate your eligibility for a hardship license
7. If approved, paying the required application and reinstatement fees
8. Completing any additional requirements imposed by the DHSMV, such as installing an ignition interlock device in your vehicle

Restrictions and Conditions of a Hardship License

While a Florida hardship license provides limited driving privileges, it’s important to be aware of the restrictions and conditions that come with it. These may include:

• Time and purpose limitations: Hardship licenses typically have specific time restrictions during which driving is permitted and limited to certain purposes, such as work, school, or medical appointments.
• Geographical restrictions: Driving may be restricted to certain areas or routes necessary for authorized purposes.
• Compliance with DUI programs: Individuals holding a hardship license must adhere to any DUI education or treatment programs required by the court.
• Mandatory use of an ignition interlock device: In some cases, individuals with hardship licenses may be required to install and maintain an ignition interlock device in their vehicle, which tests the driver's breath for alcohol before allowing the vehicle to start.
• Strict compliance with traffic laws: Any violations of traffic laws, including additional DUI offenses, can result in further penalties and the potential revocation of the hardship license.

Despite the restrictions and challenges, obtaining a hardship license can provide significant benefits if you face hardships due to a DUI conviction.

Restoring Full Driving Privileges

Over time, with consistent adherence to the conditions of the hardship license and no further legal infringements, it's possible to restore full driving privileges. Again, the help of a skilled DUI attorney can be valuable here.

Navigating the aftermath of a DUI conviction is challenging, but securing a hardship license can be a significant step in preserving some semblance of normalcy in your life. Understand the laws, know your rights, and with careful adherence to regulations, you can reclaim your driving privileges.

Contact an Experienced West Palm Beach DUI Attorney Today

If you're facing the repercussions of a DUI conviction and need help navigating the process of obtaining a Florida hardship license, Ronald S. Chapman can help.

As an experienced West Palm Beach DUI attorney with over 34 years of experience, he has a thorough understanding of Florida's DUI laws and a proven track record of assisting clients in your situation.

Mr. Chapman is a sole practitioner, and you will deal directly with him and receive his personal attention. Contact our office at (561) 832-4348 so we can begin to fight for you and schedule a meeting and discuss the process for obtaining your Florida hardship license so you can get on with your life.

Copyright © 2023. Ronald S. Chapman, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Ronald S. Chapman, P.A.
400 Clematis St., Suite 206
West Palm Beach, FL 33401
(561) 832-4348
https://justiceflorida.com/