If you have been arrested for driving under the influence (DUI) in Florida, you may suffer a license suspension and lose your driving privileges. In some cases, it is possible to obtain a temporary license that will enable you to carry on driving until your case is legally resolved. These temporary licenses are known as hardship licenses.
Furthermore, you may be able to regain your full driving privileges if you complete the Florida Advanced Driver Improvement (ADI) course. This, however, is not a guarantee.
If you have lost your driving privilege and are facing DUI charges in Florida, you should contact an experienced defense attorney. At The Law Place, we have a team of reputable attorneys with over 75 years of combined experience. To organize your free no obligation consultation with a member of our team, call us now at (941)-444-4444.
What Is a Hardship License?
A hardship license is documentation that allows a person to drive on a restricted basis. For example, the restrictions would mean that a person is only able to drive to certain locations for a reasonable cause.
If you have a suspended license, you could apply for a hardship license so that you can continue to drive to work, school, and more. Securing one of these licenses is not easy and it is even more difficult for a habitual traffic offender to do. An attorney at our law firm can help you apply for a Florida hardship license.
How Long Is a Hardship License Good for in Florida?
If you are granted a Florida hardship license, you can use the license until your suspended license sentence is complete. For example, if you are convicted of DUI and your driver’s license gets suspended for a year, you can use your hardship license for the remainder of that year.
However, if you violate the terms of your hardship license, you could get this hardship license revoked. After this has occurred, you will more than likely have to serve the rest of your Florida driver license suspension period without a license.
What Are the Costs of a Hardship License?
Hardship licenses are not free. To receive a temporary license, you will have to pay a license reinstatement fee. If you have had your license suspended, this reinstatement fee is $45. If you have had your license revoked, this reinstatement fee is $75.
However, it is not just the reinstatement fees you will have to pay. You will also need to pay for the Florida Advanced Driver Improvement (ADI) course which is typically around $63. Furthermore, you will need to pay the hardship license filing fee which is typically around $12.
In addition to these fees are the administration fees that will need to be paid. These fees depend on the offense and case. Therefore, hardship licenses can be expensive to obtain.
What Does It Mean to Violate a Driver’s License Restriction?
To violate a restricted driver’s license, a person has to drive in a manner that is inconsistent with the restrictions imposed by the Department of Highway Safety and Motor Vehicles (DHSMV).
Traffic laws state how the DHSMV has the power to impose restrictions on a person’s driving privileges. This is outlined under Florida Statute 322.16.
Violating the terms of a hardship license is a serious offense. If you are found operating a motor vehicle while breaking the terms of your restricted license, you will have your hardship license revoked. This revocation can have a huge impact on the lives of you and your loved ones.
What Are the Penalties for Violating License Restrictions?
If you are caught driving a motor vehicle in violation of your hardship license, you can be charged with a second-degree misdemeanor. For a conviction of this degree, you could serve up to 60 days in jail and have to pay a fine of up to $500.
This offense will also result in an automatic revocation of your hardship license. Losing your hardship license can have severe consequences. For example, you may not be able to get to work. Therefore, you risk losing your job and the financial income that comes with that. If you receive a hardship license, you must be cautious and ensure that you avoid violating its terms.
What Are the Different Types of Hardship Licenses?
In Florida, there are two different types of hardship licenses that you could receive. These include:
- Hardship license for life necessities. The first kind of license you could receive is a business license. This would enable you to use your motor vehicle for business purposes. It would also allow you to drive for medical purposes and educational purposes. Therefore, you could legally drive to the hospital and/ or school.
- Hardship license for employment purposes only. The second kind of hardship license you could receive is more strict. This license would only allow you to drive your motor vehicle for employment purposes. You don’t have the same kind of freedom as you do with the other kind of license. Driving to school and/ or the hospital would not be allowed.
How Do I Get a Hardship License?
Receiving a hardship license in Florida after having your license suspended or revoked is not easy. It is a process that takes a while and requires you to be organized. Below we have stated some things you must do if you want to receive a Florida hardship license:
- Complete and earn an advanced driving improvement course certificate. You can do this by completing your ADI classes.
- Receive a copy of your 30-day driving record. To do this, you will need to contact your local county clerk’s office and put in a request for documentation.
- Bring the necessary documents to the Department of Highway Safety and Motor Vehicles (DHSMV).
- Cooperate and work with a hearing officer. This officer will determine whether you are eligible to apply for a hardship license.
Our attorneys can help you through this process if you wish. Don’t hesitate to call our law firm today to talk to a member of our team about securing your hardship license.
Who Is Eligible for a Florida Hardship License?
A licensed driver who has had his or her license suspended may be eligible to apply for a hardship license. However, the reasoning behind the original license suspension can impact whether a person can receive one or not. For example, a person who was driving under the influence and caused a motor vehicle crash that resulted in serious bodily injuries would not be eligible to apply. In addition, a person that caused DUI manslaughter and second DUI offenders may also not be eligible to receive a hardship license.
To find out whether you are eligible to receive a hardship license in Florida, you must call one of our attorneys. They will be able to examine your case and offer you some legal advice.
Furthermore, drivers will only be eligible to receive these licenses once they have completed driving improvement courses and all of the correct administration.
How Can I Suffer a License Suspension?
Your driver’s license can be suspended in Florida for the following reasons:
- You are unable to drive safely.
- You make a fraudulent driver’s license application.
- You use your license for a purpose that goes against the law.
- You commit traffic violations.
- You refuse to complete a breath test or other chemical test to show whether you were driving under the influence.
- You misuse a restricted license.
- You receive too many points on the point system.
- You break Florida law and fail to pay your fines or make court appearances.
How Can My License Be Revoked?
In Florida, you can have your license revoked for the following reasons:
- You are found guilty of DUI.
- You committed a felony involving a motor vehicle.
- Poor vision that is worse than standard minimum requirements.
- You are charged with reckless driving three or more times within one year.
- You receive a felony for drug possession.
- Not stopping when your vehicle is involved in a motor crash that causes death or personal injury.
How Can My License Be Canceled?
If your driver’s license was issued because of a mistake or fraud, it can be canceled. You must ensure that you use accurate information and identification when applying for a driver’s license in Florida. If you make a mistake, you could be accused of fraud and get your license canceled.
What Are the Penalties for DUI?
If you are convicted of driving under the influence (DUI), you will likely have your driver’s license suspended. There are further penalties that you could face. These penalties will vary depending on how many previous convictions you have received.
For your first conviction, you could receive a fine between $500-$1000, 50 hours of community service, a maximum of six months in jail, 12 hours of DUI school, and more.
However, for a third conviction, you could receive a fine between $1000-$25000, a maximum of 12 months in jail, 21 hours of DUI school, and more.
What Is Florida’s Implied Consent Law?
If you drive a vehicle in Florida, the implied consent law applies to you. The law states that all drivers consent to completing a blood, urine, or breath test if a law enforcement officer requests them to. All law enforcement officers must have probable cause to stop your vehicle and request that you complete these tests if they think you are driving with an unlawful blood alcohol level.
If you refuse these tests, your driver’s license will automatically be suspended for one year. You must contact a reputable DUI attorney if you have been penalized for refusing a breath test in Florida.
What Are Further Serious Violations of License Law in Florida?
If you are caught completing the following offenses, you can be put in jail and/ or have to pay a hefty fine:
- You have multiple driving licenses.
- You fail to make crash reports.
- You purposely give false information in crash reports.
- You allow someone without a license to use your motor vehicle.
- You make a fraudulent application for your license.
- You give a false statement to a law enforcement officer in a courtroom.
- There is an unlawful use of your license. For example, you let someone else use it.
Do I Need a Criminal Defense Attorney?
If you have been charged with DUI in Florida and you have lost your driving privilege, you should contact a criminal defense attorney. They can help you apply for a hardship license that will enable you to carry on driving throughout your driver’s license suspension.
An attorney will be able to guide you through Florida’s complex traffic laws and the legal process to achieve the best possible outcome for you.
Furthermore, if you are facing a conviction for a traffic-related offense in the state of Florida, an attorney at The Law Place can be your legal representation. One of our attorneys can examine the evidence of your case to build you a solid defense strategy and back your case in court.
Should I Contact The Law Place?
You should contact our law firm if you are confused about the hardship license application process. A member of our team can answer all of your questions and offer you the support you may be looking for. The sooner you contact a reputable attorney after being arrested in Florida, the better.
To schedule your free consultation with a member of our team, phone us today. Someone will be available to take your call 24 hours a day, seven days a week. Call us now at (941)-444-4444.