Your driver’s license is your gateway to driving legally in the state of Florida. If you proceed to drive without it, you may commit the criminal offense of DWLS. When a police officer arrests someone for DUI, one of the first steps is confiscating the driver’s license to prevent them from driving.
Losing your driver’s license because an officer suspected you were intoxicated behind the wheel can present a significant set of challenges. After a DUI arrest, it is possible to challenge the administrative license suspension for the opportunity to keep your driver’s license. However, sometimes, this challenge is unsuccessful. If you cannot defeat the administrative suspension, you may still be eligible to apply for a hardship license even if you have a suspended license.
The Purpose of a Florida Hardship License After a DUI Conviction
Florida’s limited public transportation infrastructure leaves most residents heavily dependent on their personal vehicles for everyday travel. With few living within walking or biking distance of their workplaces, losing a driver’s license can be one of the most challenging consequences of a DUI.
Understanding the crucial role a license plays in maintaining day-to-day stability, the Florida Department of Highway Safety and Motor Vehicles offers hardship licenses to eligible drivers. These specialized licenses enable individuals to drive under specific conditions, helping them continue their routines while addressing legal and financial responsibilities, such as court fees and DMV charges.
Two types of hardship licenses are available. A business purposes-only license allows individuals to drive for essential tasks, such as commuting to work, attending medical appointments, and traveling for job-related duties. On the other hand, a work purposes-only license is more restrictive, permitting driving solely for activities directly related to employment.
What is a Hardship License?
A hardship license is a special type of driver’s license that allows individuals to drive under specific conditions after their regular license has been suspended or revoked. Often referred to as a “hardship reinstatement,” this license is particularly crucial for those who have lost their driving privileges due to a DUI conviction or other traffic-related offenses. The primary purpose of a hardship license is to enable individuals to continue essential activities such as commuting to work, attending school, or making it to medical appointments, even while their regular driver’s license is suspended. This limited driving privilege helps maintain a semblance of normalcy during the suspension period.
Eligibility and Requirements
To qualify for a hardship license, you must meet several specific requirements. First and foremost, you need a valid reason for needing the license, such as work, school, or medical obligations. Additionally, you must complete a state-approved Advanced Driver Improvement (ADI) course or a DUI substance abuse education course. There are also fees and costs associated with the suspension or revocation of your license that must be paid. The DHSMV sets these eligibility requirements to ensure that only those who genuinely need a hardship license can obtain one. It’s important to note that individuals who have had their license suspended or revoked for non-traffic-related reasons, such as failure to pay child support or taxes, are not eligible for a hardship license.
Types of Hardship Licenses
There are two main types of hardship licenses available to those who qualify:
- Business Purposes Only (BPO) Hardship License: This type of license allows you to drive for essential activities such as work, medical appointments, and educational purposes. It provides a broader scope of driving privileges compared to the EPO license.
- Employment Purposes Only (EPO) Hardship License: This license is more restrictive and only permits driving to and from work. It is designed for individuals whose primary need for driving is related to their employment.
The type of hardship license you receive will depend on your specific circumstances and the reason for your license suspension. Both types aim to help you maintain your livelihood and essential responsibilities during the suspension period.
4 Steps for Applying for a Hardship License
Following a DUI arrest, individuals need to complete these steps to apply for a hardship license:
- Enroll in DUI school: You may also need to complete the Florida ADI Course, a state-approved 12-hour online course, to meet the requirements for obtaining a hardship license.
- Wait the required period to apply: If you refused the breath test, you must wait the first 90 days of your 1-year administrative suspension before applying for a hardship license. If you took the breath test and it was over 0.08%, you must wait until the first 30 days of your suspension have passed.
- Provide proof of DUI school enrollment: This must be brought to the DHSMV Administrative Review Office as part of the application process.
- Fill out the application and pay the filing fee: Be aware of the hardship license cost, which includes mandatory application fees and potential additional costs depending on your case.
Not everyone who is arrested for DUI is eligible for a hardship license. It is best to discuss your eligibility with a qualified DUI attorney who can fight for you to retain your driving privilege.
Hearings and Appeals
To obtain a hardship license, you must attend a hearing at the DHSMV office. During this hearing, a hearing officer will review your case to determine your eligibility for a hardship license. The hearing is an opportunity for you to present your reasons for needing the license and demonstrate you meet all the necessary requirements. If the hearing officer denies your request for a hardship license, you have the right to appeal the decision. The appeals process allows you to challenge the denial and present additional evidence or arguments to support your case.
Reinstating a Regular Driver’s License
Reinstating your regular driver’s license after a suspension or revocation involves meeting several requirements set by the DHSMV. First, you must complete the required suspension or revocation period. You will also need to pay any fees and costs associated with the suspension or revocation of your license. Additionally, you must provide proof of liability insurance and complete a state-approved ADI course or a DUI substance abuse education course if required. Once you have met all these requirements, you can apply for the reinstatement of your regular driver’s license, allowing you to resume normal driving privileges.
Take the First Step to Obtaining a Hardship License
Acquiring the help of an experienced DUI lawyer at The Law Office of Gabriel & Gabriel is the first step in keeping your license after a DUI arrest. Oftentimes, it takes the experience of an attorney to challenge the DMV’s decision to strip your driving privilege due to an offense of which you have yet to be found guilty. If you have failed to keep your license after a suspension, the next option you may have available is the hardship license. Competent legal counsel after a DUI is a must for keeping your life together after an arrest.
With over 30 years of experience and a track record of success, Criminal Defense Attorney Brian Gabriel can evaluate your case and work toward a positive result. He will handle your case using all the knowledge and skills developed over the span of his career. Start with a free consultation today by calling (561) 622-5575. You can also complete an online contact form to learn more.