What Happens at a Florida DUI Hardship License Hearing?

If you’re a Florida driver facing DUI charges, chemical test refusal, or other driving-related offenses, you might find yourself dealing with an administrative license suspension. Losing your driver’s license can severely disrupt your daily life, making it difficult to get to work, school, or other important places. However, Florida law provides a solution in the form of a hardship license, which allows you to drive under specific conditions.  

Stechschulte Nell, Attorney at Law in Tampa has helped hundreds of drivers with DUI and other cases secure hardship driver’s licenses through the Florida hardship license process. If you are worried about earning a living after your driving privileges are suspended for a DUI, refusal of chemical test, or other offense, contact our office today for a full review of your case and to discuss how you may be eligible for a Florida hardship license.  

 

  

Understanding the Hardship License in Florida 

A hardship license is a restricted driver’s license that allows you to drive for essential purposes, like commuting to work, school, or medical appointments. It’s not a free pass to drive anywhere, but it can help you maintain some level of normalcy while dealing with a months-long license suspension. 

There are two categories of hardship licenses in Florida: 

1. Hardship License for Business Purposes 

This restricted license permits driving only to and from work, on-the-job related driving, to and from school, church, and medical appointments.

2.  Hardship License for Employment Purposes 

This restricted license allows only driving to and from work and on-the-job driving necessary for employment or occupation.  

Eligibility for a Florida Hardship License 

Under Florida law, certain individuals are ineligible for a hardship license if their license is suspended following a DUI conviction. Specifically, the following drivers are not eligible for a hardship license: 

• Drivers with Multiple DUI Convictions – Drivers with multiple DUI convictions are ineligible for a hardship license. Florida Statute §322.271(1)(a) states that drivers convicted of DUI two or more times are not eligible for a hardship license during the period of the mandatory suspension or revocation of their driving privilege. This also applies to first-time DUI offenders with 2 or more prior refusals of chemical tests.  
• Drivers with a Revoked License for Refusing a Chemical Test Multiple Times – Under Florida Statute §322.271(1)(b), individuals whose license has been revoked for refusing to submit to a lawful breath, blood, or urine test on two or more occasions are also not eligible for a hardship license. 
• Drivers Convicted of DUI Manslaughter or Serious Bodily Injury – Drivers convicted of DUI manslaughter or causing serious bodily injury while driving under the influence are also ineligible for a hardship license.  
• Commercial Drivers – Drivers holding a commercial driver’s license (CDL) are generally ineligible for a hardship license if their CDL is suspended due to a DUI conviction.  

When you face a DUI or chemical test refusal charge, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) will suspend your driver’s license under Florida Statute §322.2615. This suspension usually becomes effective before your criminal case is resolved. You have the legal right to challenge this suspension by requesting a formal review hearing within 10 days of your arrest. If you miss this deadline, you lose the opportunity to contest the suspension.  

Read More > Who is Eligible for a Hardship License After a DUI? 

Requesting a Hardship License 

If your license to drive is suspended following your DHSMV review hearing, you may still be eligible for a hardship license. To obtain a hardship license, you must first complete a portion of the DUI education course, as required by Florida Statute §322.271. This course is designed to educate drivers about the dangers of impaired driving and help prevent future offenses. After completing this initial requirement, you can apply for a hardship license through the Bureau of Administrative Reviews (BAR), a division of the DHSMV. 

Preparing for the Hearing 

Once you’ve applied, the next step is the hardship license hearing. This hearing is a crucial part of the process, and having an experienced criminal defense lawyer by your side can make a significant difference.  

To persuade the hearing officer that you need a restricted license, you must show that your license suspension, cancellation, or revocation causes a serious hardship and prevents you from carrying out your normal business occupation, trade, or employment. Your inability to engage in your normal employment has blocked you from supporting yourself or your family. Your lawyer can help you gather the necessary supporting evidence. 

Letters of recommendation from respected businesspeople in the community, law enforcement officers, or judicial officers can be valuable to demonstrate that responsible people who know you believe you can be trusted to honor your obligations and to drive safely.  

Documentation, such as proof of enrollment in the DUI education course, evidence of employment, and other similar documents will also support your need for a hardship license. 

The Hardship License Hearing 

The hearing itself is an administrative proceeding where a hearing officer will review your case. This is not a criminal court hearing, but it can still be intimidating. The purpose of the hearing is to determine whether you qualify for a hardship license and under what conditions it will be granted. 

Driver’s Attendance Is Necessary – You must attend the hearing in person. If you fail to appear, your application for a hardship license will be denied. 

Presentation – Be prepared to explain why you need a hardship license. This includes detailing your work schedule, school commitments, medical appointments, and any other essential driving needs. 

Behavior – Conduct yourself respectfully and professionally. The hearing officer’s decision can be influenced by your demeanor and how seriously you take the process. 

Possible Outcomes 

There are three possible outcomes from a hardship license hearing: 

1. Approval: If the hearing officer grants your hardship license, you will receive a restricted license allowing you to drive for specific purposes. You must adhere to these restrictions strictly. 
2. Denial: If your request is denied, you will not be able to drive until your suspension period is over. This can significantly impact your daily life, so it’s crucial to prepare thoroughly and present a strong case. 
3. Conditional Approval: The hearing officer may grant a hardship license with additional conditions, such as installing an ignition interlock device on your vehicle or attending additional DUI classes. 

Why You Need an Experienced Criminal Defense Lawyer 

Handling the hardship license process can be complex and challenging. An experienced criminal defense lawyer can provide invaluable assistance in several ways: 

1. Guidance: A lawyer can help you understand the requirements and ensure you complete all necessary steps correctly. 
2. Preparation: Your lawyer can assist in gathering and organizing the required documentation and support letters, and make sure you have a strong case to present at the hearing. 
3. Representation: During the hearing, your lawyer can advocate on your behalf, presenting your case in the most favorable light and addressing any concerns the hearing officer may have. 
4. Legal Expertise: A criminal defense lawyer has the knowledge and experience to effectively work through the legal system, increasing your chances of obtaining a hardship license. 

 

If you have a DUI-related license suspension in Florida, don’t give up. You could be eligible for a hardship license that restricts your driving but lets you come and go to work, drive to conduct your occupation, go to school, religious services, and medical appointments. 

Don’t do it alone. Contact Tampa’s Stechschulte Nell, Attorneys at Law for help. Call 813-280-1244 today for a FREE case review.