Florida Statute Hardship License

Florida Statute Hardship License 6,3/10 3945 reviews

At this court hearing you can contest the license suspension. However, if you do not request a court hearing within 10 days from the date you were arrested, your license can be suspended for 6-18 months. It is important to remember that in the State of Florida, a conviction of a DUI will remain on your record for 75 years. If your license was suspended in Florida you can still drive legally with a Florida hardship license. Now if you are wondering if you are eligible for a hardship license in application this post will provide that information in a simple and digestible manner.

Driver License Suspension in Florida

In Florida, your driver's license can be suspended or revoked for a number of reasons, including:

  • Accruing too many traffic violation points.
  • Failure to pay a traffic fine.
  • Failure to meet minimum vision standards.
  • Driving under the influence (DUI).
  • Causing an accident that results in serious bodily injury or death.

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) will suspend your license for a certain amount of time, based on the severity of your violation.

About Your Suspended License in FL

If you've had your Florida driver's license suspended, you will need to surrender your license to the Florida DMV. Any delays in surrendering your license will result in an extended period of suspension. Your suspension will begin when they receive your license and it will be reinstated once the suspension period is over.

The Florida DMV will mail you a suspension notification by personal delivery before your suspension begins. The length of your license suspension varies depending on the violation and will be printed on the notification letter.

Your license can be suspended for a number of offenses, ranging from failure to pay a ticket to delinquency on child support payments. Suspension periods for some of the more common offenses are listed below.

You can check your driver license status by ordering your Florida driving record.

Suspension Periods

The length of time your license is suspended depends on the type of offense. Suspension periods for some common offenses include:

  • Failure to comply with a traffic summons, appear on a summons, or pay a fine: License suspended until you prove you satisfied the summons.
  • Inadequate vision: License is suspended until you can prove your vision meets minimum standards.
  • Inability to operate a motor vehicle safely: 1 year.
  • Violation resulting in death or serious injury (not DUI): 3 months to 1 year.
  • Failing to pay required child support: Suspended until you clear owed payments to the Florida Department of Revenue.
  • DMV point accumulation:
    • 12 points in 12 months: 30 days.
    • 18 points in 18 months: 3 months.
    • 24 points in 36 months: 1 year.
      • For more information about points, please see our FL DMV Points page.

DO NOT drive while your driver's license is suspended, as additional fees and penalties may apply. See “Driving with a Suspended License' below.

For more information regarding suspensions and related penalties, please visit the FLHSMV website.

Florida statute 322.271

Suspension Hearings and Appeals

If your driver's license was suspended due to an alcohol-related offense, you can appeal the FLHSMV's decision.

You will need to submit your appeal to the county court where you live or where your suspension was given. For more information on appealing your suspended license in Florida, contact your local FL DHSMV.

Please note that any hearing relating to DMV charges and suspensions do not affect any associated criminal proceedings or court decisions. Criminal penalties may still apply.

Contact a Local Traffic or DUI Attorney

Is your license suspended from a DUI or too many traffic tickets? Find an attorney near you who can help you get it back.

Reinstating Your Suspended FL License

To reinstate your FL driver's license, visit any Florida DMV driver license office with payment for the reinstatement fee. You may also have to pay additional fees depending on the reason for your suspension. (See “Fees to Reinstate Your FL License' below.)

Depending on your offense, you may also need to provide additional documents or satisfy additional FLHSMV requirements. (See below for specific offense types).

NOTE: In certain circumstances, you may be eligible for a hardship license, which you can use until your suspended Florida driver's license is reinstated. (See “Apply for a Hardship Driver's License' below.)

For more information on reinstating your suspended driver's license, visit the Florida DMV website.

Traffic Summons or Failure to Pay a Fine

You will need to provide proof you satisfied your summons IF your license was suspended for failingto:

  • Comply with a summons.
  • Appear on a traffic summons.
  • Pay a fine.
  • Complete or attend court-ordered traffic school.

You will also need to provide payment for the $60 D6 suspension reinstatement fee.

If you are out of state, send the above plus a letter of residency to:

The Bureau of Motorist Compliance
P.O. Box 5775
Tallahassee, FL 32314

The Florida DMV will mail you a D6 clearance letter. If you have any questions about your ticket, contact the Bureau of Customer Services at (850) 617-2000.

To avoid getting a suspended license due to a traffic ticket in Florida, you should make sure you pay your ticket before the due date.

NOTE: Check your local traffic court website to see if you can pay your traffic summons online.

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Reinstatement After a DUI

If you were convicted by criminal court for a DUI, you may need to take additional steps to reinstate your license, including:

  • Enrolling in or completion of a DUI course and treatment, if required.
  • Proving you have bodily injury liability insurance.

Visit the FLHSMV website for a complete list of actions you need to take to reinstate your Florida driver's license.

Inadequate Vision

If your FL driver's license was revoked due to having inadequate vision, you must submit a report of an eye exam showing that you have met the minimum FL DMV vision standards to a driver license office. If your report shows you have “Inadequate/Field of Vision,' you must send your report and a “Field of Vision Chart' to:

The Bureau of Motorist Compliance
Vision Section
2900 Apalachee Parkway, MS 90
Tallahassee, FL 32399

Your chart will be reviewed and the FLHSMV will advise whether or not your driver's license will be reinstated.

Accumulation of Traffic Points

If your FL driver's license was suspended because you accumulated too many points within a certain time period, you will also need to:

  • Take the required examination.
  • Submit proof of enrollment in an Advanced Driver Improvement course.

Most driving points will stay on your driver record for at least 5 years from when you committed the violation. Serious violations can remain on your record longer.

DUI Suspensions in Florida

Florida Dmv Hardship License Requirements

In Florida, you will face the following DMV driver's license revocations if convicted of driving under the influence (DUI). You may also face additional criminal penalties, including:

  • Additional driver's license suspensions imposed by the court.
  • Mandatory community service.
  • Fines.
  • Jail time.

For more information, visit our FL DUI/DWI page.

Over 21 Years Old

If you are 21 years old or older and you are caught driving with a breath alcohol level (BAL) of 0.08% or higher, the FLHSMV will suspend your driver's license for:

  • 180 days to 1 year for your 1st offense.
  • 2nd offense (or subsequent offenses).
    • Not within 5 years: 180 days to 1 year
    • Within 5 years: 5 years
  • 1 year for refusing to give a breath/urine/blood test.
  • 18 months for 2nd refusal (or any subsequent refusals) to give a breath/urine/blood test.

Under 21 Years Old

If you're under 21 years old and your BAL is 0.02% or higher, the FLHSMV will suspend your license for:

  • 6 months for your 1st offense.
  • 1 year for subsequent offenses.
  • 1 year for 1st refusal to give a breath test.
  • 18 months for 2nd refusal (or subsequent refusals) to give a breath test.

If your blood alcohol level is 0.05% or higher, you will need to complete a substance abuse evaluation and alcohol course before your driver's license is reinstated.

Apply for a FL Hardship Driver's License

You can apply for a hardship driver's license in Florida IF your suspension/revocation was due to:

  • Accumulating too many points on your driving record.
  • A violation resulting in death or serious bodily injury.
  • Being a Habitual Traffic Offender.

To apply for the hardship license, visit a Florida Administrative Reviews Office (on the FLHSMV website, select your county and look for “Under Suspension – Need Driver License for Work') and:

  • Take the required test.
  • Submit proof of enrollment in an Advanced Driver Improvement course*.
  • Pay the suspension reinstatement fee.
    • (See section on fees below.)
  • Pay any applicable fees to apply for your new license.

* If you are a Habitual Traffic Offender and your license was revoked for a DUI, you will need proof of enrollment in a DUI school instead.

NOTE: You CANNOTapply for a hardship license if:

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  • You have been convicted of a DUI or refused to give a BAL test more than once.
  • You have been disqualified from driving a commercial vehicle and are applying for a hardship CDL.
  • Your license was suspended for being incapable of safely operating a motor vehicle.
    • You may, however, ask for a hearing to request an opportunity to pass the re-licensing test in order to reinstate your suspended driver's license.

Fees to Reinstate Your FL License

Payment for the following fees are required to reinstate your suspended driver's license in Florida:

  • Suspension: $45.
  • Revocation: $75.

You may be required to pay additional fees, depending on the circumstances of your suspension/revocation:

  • D-6 suspension (for unpaid traffic tickets): $60.
  • Child support suspension: $60.
  • Failure to maintain car insurance: $150.
  • Additional administration fee for alcohol- and drug-related offenses: $130.

You may also need to pay additional DMV and court fees depending on the reason for your suspension. DUI related suspensions carry different fees depending on your specific DUI offense

The Florida Driver's Handbook contains a complete list of fees required to reinstate your driver's license.

Accepted Payment Methods

Accepted methods of payment will vary based on how you reinstate your license:

  • Mail: Check payable to “Division of Motorist Services.'
  • In person:
    • Cash.
    • Check.
    • MasterCard, VISA, American Express, and Discover credit/debit card.

CDL Suspensions in Florida

Your Florida commercial driver's license (CDL) can be suspended for a number of reasons, including:

  • Driving under the influence of drugs or alcohol.
  • Receiving multiple traffic violations within a certain period of time.
  • Driving in possession of a controlled substance.

The state court may also enforce additional penalties, including permanent disqualification from operating a commercial vehicle.

The suspension periods will differ depending on your violation. To reinstate your CDL with the FLHSMV, you will need to wait out the suspension period and pay the reinstatement fee (see “ Fees to Reinstate Your FL License' above).

You may also need to meet additional requirements from the state courts to reinstate your suspended CDL.

For more information, visit our section on Commercial Driver Licenses in Florida.

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By: Beverly Bird

Related Articles

In Florida, if you have lost your license due to a DUI or too many points on your record, you may qualify for a hardship license that will allow you to get to and from work. Florida hardship license rules require those with a DUI to serve part of their license suspension first though.

By: Beverly Bird

Having your driver’s license taken away can throw you and your family into a tailspin if you don’t have another way to get to work and earn a living. Like many states, Florida offers hardship licenses so you can drive for necessary purposes while your license is suspended. If you were convicted of a DUI, however, you must ask for an early reinstatement for hardship, which is different from asking for the hardship license that applies to other offenses.

The DUI Temporary Permit

When a Florida police officer issues you a citation for driving under the influence, the citation serves as a temporary license that’s good for 10 days. You can ask for a formal review hearing during this time, and request a temporary driving permit at the hearing if this is your first DUI. The permit allows you to drive for business purposes, which includes personal business such as grocery shopping or seeking medical care. The permit is good for 45 days.

Unfortunately, the license revocation period for a DUI is anywhere from a minimum of six months for a simple first offense to as long as 10 years for a third offense. You’ll have to serve at least some of this time before you can ask for early license reinstatement for hardship.

Hardship License Tn

Hardship License Restrictions

How much of your license revocation you must serve depends on the nature of your DUI offense. The clock begins ticking the day your temporary permit expires.

  • If this is your first DUI offense, you must serve at least 30 days of your revocation period.
  • If it’s your first offense but you refused the breathalyzer, you must serve 90 days before you can apply for a hardship reinstatement.
  • If it’s your second DUI in more than five years, you’re not eligible for early hardship reinstatement. The maximum revocation for a second offense is one year.
  • If it’s your second DUI in less than five years, you can apply for hardship reinstatement after one year. This may seem unfair considering that you’re ineligible for reinstatement if it’s been more than five years, but it still works out to the same period of time you can’t drive –one year in either case.
  • A third DUI offense in more than 10 years makes you ineligible for reinstatement. Your revocation period can be as long as five years if two of the offenses fell within five years. Otherwise, it’s a maximum of one year.
  • You’re eligible to apply for a Florida hardship reinstatement after two years if this is your third DUI within 10 years.
  • If it’s your fourth DUI, you must serve five years of your revocation.

Hardship License For Dui

After you’ve served the required time, you can apply for early hardship reinstatement at any of Florida’s Administrative Reviews Offices.

Florida Hardship License Application Form

Getting a Hardship License for a Florida DUI

Florida law requires that you attend DUI School for early reinstatement, and the judge might order you to get treatment as well. You must have a recommendation for early reinstatement from the Special Supervision Services Program, and if your reinstatement is approved, you must remain in the program until the initial period of your license revocation has expired. You must take a driving exam, and there are associated reinstatement fees. You’ll need a copy of your driving record when you apply.

Other Qualifications for a Hardship License

Your license can be revoked in Florida for a number of other reasons, including accumulating too many points against your license, failing to respond to a summons for a moving violation, failure to pay child support or not meeting Florida’s vision requirements. In these cases, you must go to the local DMV and turn in your license. In some cases, you can get your license reinstated as soon as you take care of the problem –for example, when you’ve had your vision corrected or you’ve paid past due child support. Otherwise, the requirements for a hardship license are much the same as for a DUI conviction, but you must attend an Advanced Driver Improvement Course instead of DUI school.

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