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DUI - Driver's License reinstatement after Conviction

DUI – Overview
DUI – Laws
DUI – Penalties
DUI - Refusal to Submit to Testing
DUI – Defenses
DUI – Automatic License Suspension
DUI - Reinstatement of License
DUI – Field Sobriety Exercises (“tests”)
DUI – Breath Tests and Breathalyzer
DUI – Blood and Urine Tests
DUI - How to Calculate Blood Alcohol Content

Drivers' License Reinstatement

Once you have been arrested for DUI and have received an administrative license suspension for either refusing to submit to a blood, breath or urine test or blowing over the legal limit or you pled guilty or were found guilty of DUI and you received a license suspension from the court you may, after a certain amount of time, be eligible for a hardship or business purposes license or reinstatement of your license. This type of license will allow you to drive and restricted basis, usually to and from work or for business purposes and for things like shopping for groceries or personal needs. Let Orlando DUI attorney Will Corzo or Sam Kohrs assist you in getting a hardship license.  Listed below are the relevant portions of Florida law that dictate a person’s eligibility for either a hardship or business purposes license or license reinstatement after a DUI.
                                
Click here to learn how to reinstate your license after an Administrative Suspension

Driver’s License Reinstatement Business Purposes or Hardship License

  • First DUI Conviction: has a 180 day to 1 year revocation effective on conviction date. Before expiration of the revocation period, you may apply for a hardship license in the county where you live. You must complete the required DUI School and treatment, if referred. You may then apply for a hardship license in any Administrative Reviews Office.

If you wait to reinstate your license until your revocation period ends, proof of enrollment or completion of DUI School and treatment, if referred, is required. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed.  Failure to complete treatment may result in cancellation of your driver license.

  • Second DUI Conviction (more than 5 years): Will result in a 180 day to 1 year revocation. No hardship license. You cannot reinstate early for hardship. The full revocation period must be served before requesting driver license reinstatement.
  • Second DUI Conviction (Within 5 Years): Will result in a 5-Year revocation. You may apply for a hardship license at the Administrative Reviews Office after serving one year of the suspension from the effective date of revocation. You must complete DUI school and treatment (if referred) and you must have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. Additionally, you must 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).

If you wait to reinstate until after your revocation period ends, proof of enrollment or completion of DUI School, and treatment, if referred, is required. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed.  Failure to complete treatment may result in cancellation of your driver license.

  • Third DUI conviction (more than 10 years): Will result in a 180-day to 1-year revocation, unless the last 2 of the convictions fall within 5 years in which case a five-year revocation will apply. You are not eligible for a hardship license and must wait out the entire revocation period.
  • Third Conviction (Within 10 Years): Will result in a 10-Year Revocation. You must serve 2 years of this revocation period before being eligible to apply for a hardship license or reinstatement hearing. You must complete DUI school and treatment (if referred) and have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. You must 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).

If you wait to reinstate until after your revocation period ends, proof of enrollment or completion of DUI School, and treatment, if referred, is required. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed.  Failure to complete treatment may result in cancellation of your driver license.

  • Fourth or subsequent DUI Conviction: No hardship license, this will result in a permanent revocation.  There is no provision for a hardship license.
  • DUI Manslaughter With No Prior DUI Related Conviction: This will result in a permanent revocation. However, you may be eligible for a 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:
  1. Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;
  2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
  3. Has been alcohol and drug-free for at least 5 years prior to the hearing; and
  4. Must complete a DUI school and treatment (if referred) and have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. 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); and
  5. Ignition interlock device required for two years.
  • DUI Serious Bodily Injury: A first offense will result in a three (3) year revocation. May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course. A subsequent offense will result in a permanent revocation.

**Disclaimer: The information on this page should be used as a reference only and is not intended to be legal advice. Florida criminal law is continually changing therefore some of the provisions contained here may be out of date. It is always best to consult an Orlando criminal defense attorney about your legal rights and responsibilities regarding your particular case.**

A complete listing of all Florida Statutes can be found at: http://www.leg.state.fl.us/Statutes

Consult With an Experienced Orlando DUI Attorney

The facts of every DUI case are different and if convicted you could face jail or prison time. Because of this and other complexities in handling these types of cases, it is vitally important that you obtain representation from an Orlando DUI lawyer experienced in defending, not prosecuting these types of crimes.

If you have been arrested and charged with a DUI or other criminal offense contact Orlando DUI attorney Will Corzo or Sam Kohrs. Call toll free 877-99CK-LAW for a free consultation and explanation of your rights.

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