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Florida Statute on Hardship Licenses

Jacksonville Hardship Driver's License Lawyers

Below is the Florida statute concerning qualifications for a hardship license. For a discussion on Florida DMV hearings and how the attorneys at Arnold Law Firm can help, click here.

Business Purposes Only/Employment Purposes Only Reinstatements-s. 322.271, F.S. and s. 322.28, F.S.

First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .20 or higher, or for two years if BAL is greater than .20.

Second Conviction (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, effective 07/03.

Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and 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). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .20.

Third Conviction Within 10 Years: (10-Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and 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). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years.

DUI Manslaughter With No Prior DUI Related Conviction (Permanent Revocation): May be eligible for 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 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).
  • Ignition interlock device required for two years.

Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): ; May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.

Hardship License Prohibited:

Certain persons are prohibited from obtaining a hardship license.

  • Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.
  • Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.

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