Law enforcement and the DMV may suspend a Florida driver’s license for a myriad of reasons, not least of which includes a DUI conviction. A driver’s license suspension makes it illegal for the person with the license suspended to drive. Rather than risk breaking the law, those who have had their right to drive temporarily stripped may apply for a hardship license.
A hardship license allows individuals to regain limited driving privileges, typically restricted to essential activities such as commuting to work, attending school, or meeting medical appointments. To qualify, applicants often need to complete a DUI education program and provide proof of enrollment. Additionally, they must demonstrate a genuine need for driving and comply with any other requirements set by the DMV or court.
What is a Hardship Driver’s License?
A hardship license is a restricted license that allows a person to drive for a specific purpose such as work, school, or business. To receive a hardship license, a person must first meet the following requirements to obtain a hearing:
- The applicant must submit a completed Application for Hardship License
- The applicant must pay a filing fee
- The applicant must wait for the results of a CDLIS (Commercial Driver’s License Information System) check
- The applicant must wait for the results of a CCIS (Comprehensive Case Information System) check to be completed by the Hearing Officer. Applicants must submit the necessary documentation to their local Florida Bureau of Administrative Review Office as part of the process.
At the hardship hearing, the hearing officer will ask a series of questions to complete their report and determine whether to grant the license. It is in your best interests to seek legal representation for this appearance. A skilled DUI lawyer can also help you fight the license suspension, which may help you keep your full driving privileges.
Eligibility Requirements
To be eligible for a hardship license, you must meet certain requirements, which can vary based on the reason for your license suspension. Generally, you may qualify for a hardship license if your license was suspended due to the following:
- Point accumulation: If your license was suspended because you accumulated too many points on your driving record, you might be eligible for a hardship license.
- Delinquent payments: If your license was suspended due to unpaid fines or fees, you may become eligible for a hardship license once you settle the outstanding amount.
- Court summons failure: If your license was suspended because you failed to appear in court, resolving the issue may make you eligible for a hardship license.
However, there are certain situations where you may not be eligible for a hardship license:
- DUI conviction: If your license was suspended due to a DUI conviction, you may not be eligible for a hardship license until a specific period has passed.
- Habitual traffic offender (HTO) designation: If you have been designated as a Habitual Traffic Offender, you may not be eligible for a hardship license until a certain period has elapsed.
It’s crucial to check with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to determine your specific eligibility for a hardship license.
Types of Hardship Licenses in Florida
There are two types of hardship licenses available to those with a suspended license:
- Business purposes hardship license: This type of license allows you to drive for essential business purposes, such as commuting to and from work, attending medical appointments, or pursuing educational activities.
- Employment purposes hardship license: This license is more restrictive and permits you to drive solely to and from your place of employment.
The type of hardship license you may be eligible for will depend on your individual circumstances and the reason behind your license suspension.
Preparing for the Hardship License Hearing
The hearing officer at your hardship hearing will ask you several questions to help determine whether you should receive a hardship license. One of the prerequisites for applying is completing a Florida ADI course, which is available in both in-class and online formats. Some questions may ask you to provide the following information.
- Your date of birth
- Your race
- Your sex
- Your marital status
- Your employment status
- Your spouse’s employment status (if applicable)
- If you are a U.S. citizen
- If you currently possess your driver’s license (you will need to surrender this if it has been suspended)
- Your work schedule and occupation
- Your employer’s name and location
The hearing officer will note the following information after running a check through the CCIS and CDLIS:
- The number of previous hearings
- The number of previous convictions
- If a traffic accident took place
- The number of previous suspensions
- The number of previous revocations
Finally, you may be asked additional questions if your license was suspended over a DUI-related crime.
Applying for a Hardship License
Applying for a hardship license involves several steps, including the following:
- Complete a 12-hour advanced driver improvement (ADI) Course: This course must be taken at a traffic school certified by the state of Florida.
- Submit an application: You will need to fill out and submit an application for a hardship license to the DHSMV.
- Provide required documentation: Ensure you have all necessary documentation, such as proof of identity and residency, to support your application.
- Pay the required fee: There is a fee associated with the hardship license application that must be paid.
After submitting your application, you will need to wait for approval from the DHSMV. If your application is approved, you will be issued a hardship license.
What are the Benefits of Obtaining a Hardship License?
Taking the steps necessary to obtain your hardship license will ensure you can get back on the road for the most essential duties. By securing your hardship license, you can save money and time on:
- Public transportation
- Ridesharing services
- Relying on rides from friends
- Taxis
You can keep your most reliable form of transportation to get where you need to be, whether that is your job, business, or class. A hardship license can go a long way toward helping you keep your job after a DUI conviction.
Restrictions and Limitations of a Hardship License
A hardship license comes with specific restrictions and limitations, which may include the following:
- Limited driving privileges: You are only allowed to drive for specific purposes, such as work or school.
- Curfew: There may be a curfew in place, restricting the hours during which you can drive.
- Vehicle restrictions: You might be limited to driving certain types of vehicles, such as a commercial motor vehicle.
- Passenger restrictions: You may not be permitted to drive with certain passengers, such as minors.
Understanding these restrictions and limitations is essential before applying for a hardship license. Failure to comply with these conditions can result in further penalties, including the revocation of your hardship license.
Fight Your License Suspension in Palm Beach County
Before accepting the reality of being without a valid Florida driver’s license, take the initiative to challenge the suspension. Fighting for your driving privileges could help you maintain your independence and avoid the significant disruptions that come with a license suspension. The Law Office of Gabriel & Gabriel has over 30 years of experience in criminal law, defending clients throughout West Palm Beach and surrounding areas.
Criminal Defense Attorney Brian Gabriel will handle your case using all the knowledge and skills developed over the span of his career. Find out what he can do to save your driving privilege and get you back on the road. Start with a free consultation today by calling (561) 622-5575. You can also complete an online contact form to learn more.