Miami Hardship License Lawyer
When Can You Apply For A Hardship License?
Depending on whether this was your first, second, or subsequent arrest or conviction, you must wait a certain amount of time before you can apply for a hardship license.
According to Florida law, driver’s license revocation periods and hardship eligibility periods are as follows:
- First conviction: minimum 180 days revocation, maximum one year
- Second conviction within a five-year period: minimum five year revocation, may be eligible to apply for a hardship reinstatement after one year
- Third conviction within ten years of the second conviction: minimum 10 years revocation, may be eligible for a hardship license reinstatement after two years
- Fourth conviction and murder with a motor vehicle: permanent revocation, no hardship reinstatement
- DUI manslaughter: permanent revocation, if you did not have any prior DUI convictions, you may be able to apply for a hardship reinstatement after five years
- Manslaughter, DUI serious bodily injury, or vehicular homicide convictions: minimum three year revocation
If you received a DUI conviction while you were operating a commercial vehicle, you cannot apply for a hardship CDL license, only a regular operator’s license. Those who operate a motor vehicle for business purposes only or employment purposes only may be eligible to apply for a hardship license, depending on the circumstances.
Business / employment-related hardship eligibility is as follows:
- First conviction: you can apply to the department of motor vehicles for a hearing to receive a hardship license
- Second or any subsequent convictions: not eligible to receive a hardship license
- Second conviction within a five-year period: can apply for a hardship reinstatement after one year, but you must complete DUI school and remain in the DUI supervision program during the revocation period, or your hardship license can be cancelled
- Third conviction within ten years: can apply for a hardship license after two years, but you must complete DUI school and remain in the DUI supervision program during the entire revocation period, or your eligibility for a hardship license will be cancelled
- DUI manslaughter with no prior DUI-related convictions: you may be eligible for a hardship reinstatement after five years has passed since your revocation date.
- Manslaughter, DUI serious bodily injury, or vehicular homicide convictions: can immediately apply for a hardship license reinstatement hearing
How To Apply For Hardship License In Florida
Once you have determined you qualify for a hardship license, you must complete a series of requirements. While many people may wish to complete these steps on their own, the entire process can go a lot smoother with the help of an experienced Miami DUI defense lawyer.
Steps that must be followed to apply for a hardship license after a DUI conviction include:
- Attend and complete a 12-hour Alcohol/Substance Abuse course that is approved by the state
- Present the certification from the 12-hour course to the DHSMV and submit an application for a BPO (business purposes only)
- Meet with a DHSMV Hearing Officer who will review your driving history and rule on your application
- If approved, you can obtain the hardship license immediately at many locations
There are two types of hardship licenses—one for business purposes and one for employment purposes. The one you receive depends on your situation. Hardship licenses given for business purposes only means you can only drive to and from work, drive anywhere that is necessary for your job, drive anywhere that is necessary for educational purposes, or driving for medical purposes. The hardship license given for employment purposes restricts you to driving to and from work and strictly job-related driving only.
Why Should You Hire A Miami DUI Defense Lawyer?
If you are charged with DUI, you are most likely feeling scared and overwhelmed. Not only are you facing harsh legal penalties, but your license may have been suspended or revoked, as well. This means you have no way to drive yourself to and from court, your job, and much more. To ensure you can still live your life before your case has concluded, you may be able to apply for a hardship license. However, only certain individuals qualify for hardship licenses and the application process can be incredibly confusing. If you wish to learn if you qualify to receive a hardship license, please call me, attorney Jonathan B. Blecher. I have helped thousands of people obtain hardship licenses after their DUI arrests, and may be able to help you, as well.
To ensure you are eligible for a hardship license, as well as guarantee the application process for said hardship license goes as smoothly as possible, it is vital you hire a professional, dedicated, and knowledgeable Miami DUI defense attorney to assist you throughout your case. I have more than 40 years of DUI defense experience and can help you maintain your well-being – even if you were charged with DUI.
Please contact my firm today to schedule a consultation.