Florida DUI Suspended Driver Hardship License
DMV Hearing for a Hardship License
There are two ways in which your driver license can be suspended after a DUI. The first is an Administrative Suspension by the Department of Highway Safety and Motor Vehicles (FLHSMV). This is the agency that issues driver licenses and it has the authority to revoke or suspend your driving privilege for traffic violations or other offenses. Secondly, since Driving Under the Influenceis a crime, the court may impose a Criminal Suspension.
The DHSMV Administrative Suspension begins upon your arrest for a DUI. If your blood alcohol level (BAC) is .08 or higher, or if you refuse to be tested, the police will take your license and issue a ten-day temporary driving permit. It’s important to understand that your license is not formally suspended at this point. You have the right to a DHSMV hearing to review your case. The Orlando DUI Attorneys at the Rivas law Firm can help. Call 407-644-2466 or contact us online for a free consultation.
DHSMV Administrative Suspension Hearing
If you do not request a hearing within ten days of your arrest, your suspension becomes formalized, and you could lose your driving privilege for up to 18 months, depending on the circumstances. Your best chance of avoiding suspension or getting a hardship license is by hiring a skilled and aggressive Driver License Suspension Lawyer to represent you at a DHSMV Formal Review Hearing.
Depending on your situation, your attorney may be able to get your administrative suspension dismissed. This is separate from any criminal suspension that may be imposed by a court. Even if the DMV decides to suspend your license, you may be eligible for a “Business or Employment Reinstatement” after a certain period. Otherwise known as a hardship license, it’s meant to allow you to keep driving (with certain restrictions) so you don’t lose income during the suspension period. If your BAC was .08 or more, you can apply for a hardship license after 30 days. If you refused to submit to a BAC test, you have to wait 90 days before applying for a hardship license.
In addition, you must finish DUI school within 90 days of acquiring the hardship license. If you don’t finish DUI school or other mandated substance abuse program, your hardship license will be revoked until you have completed the requirements. You also have to take an exam, pay assorted fees, and show proof of insurance in order to qualify.
It’s Best to Have a Lawyer for a DUI
Even if you manage to avoid a DHSMV Administrative Suspension or are able to get a hardship license, you still have to deal with the consequences of a DUI arrest in court. If convicted on criminal DUI charges, there is a mandatory suspension, and the judge will confiscate your hardship license. You may be able to get another hardship license, but that’s likely to be the least of your troubles. The best way to minimize the hassles resulting from a DUI arrest is to talk with a seasoned defense attorney. For a free case review with the Orlando DUI Lawyers at the Rivas Law Firm, call 407-644-2466 or contact us online.