DUI License Suspension in Florida

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 DUI license suspension in Florida.

An experienced DUI attorney can guide you through the process and limit the length of your suspension. To see how a DUI attorney can help, consider the potential timelines for losing your license and your options for getting it back.

Driver’s License Revocation Schedule 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 less consequence than a third or fourth conviction.

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

Driver’s License Revocation If You Refuse to Take DUI Test

The duration of a license suspension may also be impacted if you refuse to take a DUI test. There are automatic license suspension penalties if you refuse to take a DUI test.

If you refuse to take a breath 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.

Related: Arrested for a DUI in Florida? Here’s What to Do Next 

What To If You Have a DUI License Suspension in Florida

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.

Apply for 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.
  • 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.

Challenge the License Suspension

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 didn’t not properly explain your rights.
  • There are disputed breath or blood tests.

You only have ten days to challenge a DUI license suspension in Florida. It is important that you seek a good criminal defense attorney right away if you want to fight the charges against you.

Get Help with a DUI License Suspension in Florida

If you have 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 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.

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published.