A DUI comes with many consequences. Convicted drivers face fines, jail time, and losing their license. A DUI license suspension in Florida can be one of the longest-lasting consequences. Convicted DUI offenders can lose their license for a few months or a lifetime. But, there are ways to minimize the impact of a DUI license suspension in Florida.
An experienced DUI attorney can guide you through the process, attempt to limit the length of your suspension, help you apply for a hardship license, and work to get your license back. This guide will share what you need to know if you’ve had your license suspended from a DUI in Florida.
It will cover:
- How Long Is a DUI License Suspension in Florida?
- Is Your License Suspended Immediately After a DUI in Florida?
- How to Challenge a DUI License Suspension
- Is Your Driver’s License Revoked If You Refuse to Take a DUI Test in Florida?
- How to Get a DUI Hardship License in Florida
- How to Reinstate Your License After a DUI Suspension
How Long Is a DUI License Suspension in Florida?
Florida law dictates how long a person should lose their license for a DUI offense. The guidelines are outlined under Florida Statute 316.193. Revocation times increase with severity of offense and frequency of offense.
For example, first offense DUIs have fewer consequences than a third or fourth conviction. Drivers may also lose their license for a longer period of time if they caused an accident, injured another person, or caused the death of another person.
Consider the driver’s license revocation timelines associated with each DUI conviction in Florida.
First Conviction — Without bodily injury
- Minimum 180 days revocation
- Maximum one year
First Conviction — With bodily injury
- Minimum three years revocation
Second Conviction — Within five years of first conviction
- Minimum five years revocation
- Can apply for hardship after one year
Second Conviction — More than five years after first conviction
- Minimum 180 days revocation
- Maximum one year revocation
Third Conviction — Within ten years of second conviction
- Minimum ten years revocation
- Can apply for hardship after two years
Third Conviction — More than ten years after second conviction
- Minimum 180 days revocation
- Maximum one year revocation
Fourth Conviction — Regardless of dates of previous convictions
- Mandatory permanent revocation
- Can apply for hardship after five years
- Revocation period begins the date of release, if incarcerated
DUI manslaughter
- Mandatory permanent revocation
- Can apply for hardship after five years, if no prior DUI convictions
Manslaughter, DUI serious bodily injury, or vehicular homicide
- Minimum three years revocation
If you have been convicted of a DUI, you can expect a license suspension that matches legal standards. If you want to reduce the length of your license suspension (or have your charge dismissed and license reinstated), it’s important to talk to a DUI attorney right away as time is of the essence when fighting DUI charges and license suspensions.
Related: Is a DUI a Felony in Florida? What Charges Should You Expect?
Is Your License Suspended Immediately After a DUI in Florida?
If you are arrested for a DUI in Florida, your license is immediately suspended.
While your license is suspended immediately after getting arrested for a DUI in Florida, it doesn’t mean you cannot drive. You have ten days from the day of your arrest to drive for limited purposes. During the ten-day window, you can use your DUI ticket as a permit to drive to and from:
- Court
- Your lawyer’s office
- Work
- The grocery store
- Church
The ten-day window is also your opportunity to challenge the immediate suspension. You may request an administrative hearing to determine if the DUI was legal. If you do not request the hearing within ten days, your license will be automatically suspended without exception. For this reason, it is important to talk to a DUI attorney as soon as you are charged. An experienced DUI attorney can take the steps to fight your license suspension as soon as possible.
How to Challenge a DUI License Suspension
If you have or are facing a DUI license suspension in Florida, you may have options. Depending on your situation, a DUI attorney may be able to help you get your driving rights back or fight the charges against you.
After DUI arrest, you have ten days to challenge a driver’s license suspension and request a hearing. The hearing will take place within thirty days of your request. During the hearing, you can showcase evidence that proves your license was illegally suspended.
Reasons why your license was illegally suspended may include:
- There was no probable cause for the traffic stop.
- The officer did not properly explain your rights.
- There are disputed breath or blood tests.
Keep in mind that you only have ten days to challenge a DUI license suspension in Florida. If you want to challenge the suspense, you need to act fast. Seek a good criminal defense attorney right away if you want to fight the DUI charges against you.
Is Your Driver’s License Revoked If You Refuse to Take a DUI Test in Florida?
The duration of a DUI license suspension may be impacted if you refuse to take a DUI test at the time of your arrest. There are automatic license suspension penalties if you refuse to take a DUI test. If you refuse to take a breath or chemical test when suspected of a DUI:
- Your license may be suspended for one year if it is your first offense. You can apply for a hardship license after 90 days.
- Your license may be suspended for up to 18 months if it is your second or subsequent offense. You cannot apply for a hardship license.
If you refused to take a breathalyzer or chemical test, you still have a ten-day window to challenge the suspension. Acting quickly is especially important if you lost your license because you refused to take a DUI test. Once the ten-day window closes, you may lose your chance to fight the charges and dismiss the suspension. Talk to a DUI attorney right away if you refused to take a DUI breathalyzer or blood test.
Related: Arrested for a DUI in Florida? Here’s What to Do Next
How to Get a DUI Hardship License in Florida
If you have been convicted of a DUI, you may be able to apply for a hardship license.
A hardship license is a driver’s license that gives you limited access to driving privileges. For example, it may permit you to drive to work, school, or other essential predetermined locations (such as a doctor’s office, grocery store, church, etc.).
In order to receive a hardship license, you must:
- Be eligible based on your offense or offenses. The timelines listed above explain when drivers are eligible for a hardship license based on their offense or offenses. In some cases, hardship licenses are not available due to the severity of the offense or the frequency of offenses.
- Enroll in DUI school. You may be required to show proof that you are enrolled in a state-approved DUI school or have completed a program. (Click here for a list of licensed DUI programs in Florida.)
- Fill out the Florida hardship license application. Complete the proper paperwork and file it along with a filing fee.
- Pay additional fees. You will be responsible for a $130 administration fee, $45 reinstatement fee, and potentially any other fees set by the court or DMV.
Getting a DUI hardship license can make a big difference in your life. If you are applying to get a hardship license, make sure you talk to a professional who can guide you through the process and help lead you to the best outcome. One missed step could be the difference between receiving a hardship license and being denied.
Going through the hardship license process after a DUI does not mean you are guaranteed to receive a permit. The decision is up to the Florida Department of Motor Vehicles, but your chances may increase by working with an experienced DUI attorney who can help you go through the process properly.
How to Reinstate Your License After a DUI Suspension
If your license is suspended for a year, you won’t immediately regain driving privileges one year from the day the license was suspended. There are actions you need to take to be eligible to get your license back. Once those actions are complete, you can then apply to get your driving privileges back.
- Serve the suspension period. You must wait for the full period of the license suspension to pass before you can get your license back.
- Enroll in DUI school. You will be required to show proof that you are enrolled in a state-approved DUI school or have completed a program. You must complete the program or complete it within 90 days of getting your license back or your license will be revoked again. (Click here for a list of licensed DUI programs in Florida.)
- Provide proof of bodily injury liability insurance coverage. Per the FLHSMV, “For a DUI conviction that occurred after October 1, 2007 the customer must obtain form FR-44 providing bodily injury liability (BIL) insurance coverage in the amount of $100,00/$300,000 and property damage liability (PDL) insurance coverage in the amount of $50,000 or combined single limits of $350,000 per section 324.023 Florida Statute.”
- Pay additional fees. You will be responsible for a $130 administration fee, $45 reinstatement fee, and potentially any other fees set by the court or DMV.
- Install an ignition interlock device (in some cases). Some individuals convicted of a DUI may be required to install an ignition interlock device (IID) on their vehicle. An IID is a mechanism that attaches a breathalyzer to a vehicle’s ignition. For the vehicle to start, a person must blow into a mouthpiece. If alcohol is detected, the vehicle will not start. In some cases, individuals convicted of a DUI (often in the case of multiple DUIs) may need to have an IID installed. In those cases, the IID needs to be inspected by the DMV before the driver can get their license reinstated.
- Apply at the DMV. You must go to the DMV with all of the proper paperwork and apply to get your license reinstated.
It is important that you understand everything you need to do before applying to have your license reinstated. Failure to complete any of these steps can lead to a delay in getting your license back.
Get Help with a DUI License Suspension in Florida
If you lost your license due to a DUI or are facing a license suspension, talk to an experienced DUI attorney as soon as possible. A strong legal defense may be able to help you lessen charges, dismiss charges, keep your license or get it back, and get a DUI removed from your record.
Don’t leave your future up to the courts alone. Work side-by-side with someone who will fight for you to have your rights restored as quickly as possible. Talk to Tampa DUI attorney TJ Grimaldi about how he and his team can help you fight your DUI charges and license suspension.
Schedule your consultation or call 813-226-1023 now.
TJ Grimaldi joined McIntyre in 2011. McIntyre recruited TJ to create the divisions of personal injury and family law, as well as to expand the existing criminal defense practice at the firm. During TJ’s tenure at McIntyre, he has helped oversee and grow these practice areas. He continues to practice in these divisions while also expanding his own practice areas to include estate planning and immigration law. TJ is admitted to practice before the Supreme Court of Florida and the United States District Court for the Middle and Southern Districts of Florida.
