Hardship License Availability, Requirements, and Restrictions
Stuart, Florida DUI Defense Attorney, David Kaplow, proudly serves Stuart, Florida, Martin County, and St. Lucie County by providing aggressive and experienced DUI criminal defense lawyer legal representation.
Call (772) 221-2100 to speak with Attorney, David Kaplow about your DUI Defense legal needs.
You only have 10 days from the date of the DUI arrest to request an administrative hearing with the department of motor vehicles. At this point you may request to be granted hardship driving privileges while you are involved in the legal process of defending yourself against DUI charges.
Business Purposes Only/Employment Purposes Only Reinstatements - s. 322.271, F.S. and s. 322.28, F.S.
- First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .15.
- Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, or for two years if BAL is greater than .20.
- Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and 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). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .15.
- Third Conviction Within 10 Years: (10-Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and 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). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years.
- DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for 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 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).
5. Ignition interlock device required for two years.
- Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.
Hardship License Prohibited:
- Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.
- Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.
As a law firm which provides professional DUI defense legal services, we are experienced, prepared, and well qualified to represent you in even the most difficult of legal challenges you may be facing. We are well versed in driving under the influence and criminal law and know how to apply the law to your specific legal needs and goals.
Call (772) 221-2100 to schedule a confidential legal consultation with DUI Criminal Defense Attorney, David Kaplow.
About David Kaplow
David Kaplow received his Bachelor of Arts degree from the State University of New York at Binghamton, his Master of Arts degree from the University of Chicago, and his Juris Doctor from Florida State University.
For over 20 years, David Kaplow has been practicing criminal defense law on the Treasure Coast. When he began his career as an Assistant Public Defender, David Kaplow successfully defended his clients with dedication and compassion. He was quickly promoted to handle major felony charges while serving as the head of the Misdemeanor Division in Martin County.
David Kaplow has helped thousands of clients charged with both misdemeanors and felonies. He also has extensive experience representing clients in jury trials on charges ranging from misdemeanor offenses such as DUI, domestic battery and retail theft, to more serious felonies like drug sales, aggravated battery, sexual offenses, attempted murder and murder.
Read the Full Biography of Attorney, David Kaplow >>>