Florida DUI Laws

Posted Friday, May 25, 2007
Categories: Drunk Driving

Florida DUI and Administrative Suspension Laws

How do I reinstate my license after a conviction for Driving Under the
Influence (DUI)?

1st DUI – 180 day to 1 year revocation effective on conviction date.
Before expiration of the revocation period, you may apply for a hardship
license in the county where you live. DUI School completion and
treatment, if referred, is required. You then can apply for a hardship
license in any Administrative Review Office (see listing “Under
Suspension – Need Driver License for Work”) where you live.

If you wait to reinstate your license until your revocation period
ends, you must present proof of enrollment or completion of DUI School
and treatment, if referred, is required. Failure to complete the course
within 90 days after reinstatement will result in cancellation of your
driver license by the department until the course is completed and
failure to complete treatment may result in cancellation of your driver
license.

At the time of reinstatement, whether for a hardship license or a full
license, you must take the required examination, and pay $115
administrative fee and $60 reinstatement fee and any license fee
required. Proof of liability insurance on the arrest date will be
required or proof of liability coverage and a $15 reinstatement fee will
be required.

2nd DUI conviction in more than 5 years will result in a 180 day to 1
year revocation. You cannot reinstate early for hardship. The full
revocation period must be served before requesting driver license
reinstatement.

The second DUI conviction within a five-year period will result in a
five-year revocation. You may apply for a hardship license at the
Administrative Review Office after serving one year from effective date
of revocation. DUI School, and treatment, if referred, must be completed
and you must have a favorable recommendation from the Special Supervision
Services Program to be eligible for a hardship license. If given approval
to reinstate early for hardship, you must present this approval to the
driver license office. You must remain in the Special Supervision
Services Program for the duration of the revocation period to retain your
hardship license.

If you wait to reinstate until after your revocation period ends, you
must present proof of enrollment or completion of DUI School, and
treatment, if referred, is required. Failure to complete the course
within 90 days after reinstatement will result in cancellation of your
driver license by the department until the course is completed and
failure to complete treatment may result in cancellation of your driver
license.

At the time of reinstatement, whether for a hardship license or a full
license, you must take the required examination, and pay $115
administrative fee and $60 reinstatement fee and any license fee
required. Proof of liability insurance on the arrest date will be
required or proof of liability coverage and a $15 reinstatement fee will
be required.

3rd DUI conviction in more than 10 years will result in a 180-day to
1-year revocation unless 2 of the convictions fall within 5 years in
which case a five-year revocation will apply. You are not eligible for a
hardship license, but must wait out the revocation period.

A 3rd DUI within a 10-year period will result in a 10-year revocation.
You must serve 2 years of this revocation period before being eligible to
apply for a hardship license in the Administrative Review Office (see
listing “Under Suspension – Need Driver License for Work”) where you
live. You must complete DUI School, and treatment, if referred, and have
a favorable recommendation from the Special Supervision Services Program
to be eligible for a hardship license. If given approval to reinstate
early for hardship, you must present this approval to the driver license
office. You must remain in the Special Supervision Services Program for
the duration of the revocation period to retain your hardship
license.

If you wait to reinstate until after your revocation period ends, you
must present proof of enrollment or completion of DUI School, and
treatment, if referred, is required. Failure to complete the course
within 90 days after reinstatement will result in cancellation of your
driver license by the department until the course is completed and
failure to complete treatment may result in cancellation of your driver
license.

At the time of reinstatement, whether for a hardship license or a full
license, you must take the required examination, and pay $115
administrative fee and $60 reinstatement fee and any license fee
required. Proof of liability insurance on the arrest date will be
required or proof of liability coverage and a $15 reinstatement fee will
be required.

4th DUI or Subsequent DUI Conviction will result in a permanent
revocation. There is no provision for a hardship license.

Driving with an unlawful alcohol level (DUBAL) (.08)

You will be suspended as of the arrest date for 6 months for the first
offense and one year for any other offense of DUBAL. You will be given a
30-day permit on the date of the arrest. Once the permit has expired,
then 30 days of the suspension must be served before he/she is eligible
to apply for a hardship license.

You will be eligible for a hardship license on the first and any
consecutive suspension. You must provide proof of enrollment in a DUI
School to the Administrative Review Office (see listing “Under Suspension
- Need Driver License for Work”) for consideration for a hardship
license. If given approval to reinstate early for hardship, you must
present this approval to the driver license office. Failure to complete
the course within 90 days after reinstatement will result in cancellation
of your driver license by the department until the course is completed.
Treatment, if referred, is required. Failure to complete treatment may
result in cancellation of your driver license.

If you reinstate after your revocation period ends, you must provide
proof of DUI School enrollment or completion to the driver license
office. Failure to complete the course within 90 days after reinstatement
will result in cancellation of your driver license by the department
until the course is completed. Treatment, if referred, is required.
Failure to complete treatment may result in cancellation of your driver
license.

At the time of reinstatement, whether for a hardship license or a full
license, you must take the required examination, and pay $115
administrative fee and $35 reinstatement fee and any license fee
required. Proof of liability insurance on the arrest date will be
required or proof of liability coverage and a $15 reinstatement fee will
be required.

How do I reinstate my license after a suspension for refusal to submit
to a breath/urine test?

You will be suspended as of the arrest date for one year for the first
offense and 18 months for any consecutive offenses. You will be given a
30-day permit on the date of arrest and when the permit expires must
serve 90 days of the suspension before he/she is eligible to apply for a
hardship license on the first suspension. No hardship license is
permitted if you have refused to submit more than 2 times.

You must provide proof of enrollment in a DUI School to the
Administrative Review Office (see listing “Under Suspension – Need Driver
License for Work”) for consideration for a hardship license. If given
approval to reinstate early for hardship, you must present this approval
to the driver license office. Failure to complete the course within 90
days after reinstatement will result in cancellation of your driver
license by the department until the course is completed. Treatment, if
referred, is required. Failure to complete treatment may result in
cancellation of your driver license.

If you reinstate after your revocation period ends, you must provide
proof of DUI School enrollment or completion to the driver license
office. Failure to complete the course within 90 days after reinstatement
will result in cancellation of your driver license by the department
until the course is completed. Treatment, if referred, is required.
Failure to complete treatment may result in cancellation of your driver
license.

At the time of reinstatement, whether for a hardship license or a full
license, you must take the required examination, and pay
$115administrative fee and $35 reinstatement fee and any license fee
required. Proof of liability insurance on the arrest date will be
required or proof of liability coverage and a $15 reinstatement fee will
be required.

What happens to my driving privilege if convicted of driving a
commercial motor vehicle under the influence?

You are disqualified from driving a commercial motor vehicle for one
year and you are not eligible for a hardship license. You must wait the
full year, then pay a $60.00 fee and restore the commercial drivers
license. If you were transporting hazardous materials when convicted, the
disqualification is for three years.

What happens to my driving privilege if convicted of driving a
commercial motor vehicle with unlawful alcohol level (.04)?

You are disqualified from driving a commercial motor vehicle for one
year and are not eligible for a hardship license. You must wait the full
year, then pay a $60.00 fee and reinstate the commercial drivers license.
If you were transporting hazardous materials when convicted, the
disqualification is for three years.

What happens to my driving privilege if convicted of driving a
commercial motor vehicle in possession of controlled substance?

You are disqualified from driving a commercial motor vehicle for one
year and are not eligible for a hardship license. You must wait the full
year, then pay $60.00 fee and restore the commercial drivers license.

What happens to my driving privilege if convicted of driving a
commercial motor vehicle and I refused the test to determine alcohol
level?

You are disqualified from driving a commercial motor vehicle for one
year and are not eligible for a hardship license. You must wait the full
year, pay $60.00 fee and restore the commercial drivers license.

What happens to my driving privilege if I’m convicted of driving a
commercial motor vehicle and I received 3 traffic violations within 3
years? You are disqualified from driving a commercial motor vehicle for
120 days. After 120 days, pay $60 fee and restore the commercial drivers
license.

What happens to my driving privilege if convicted of driving a
commercial motor vehicle and I received 2 traffic violations within 3
years? You are disqualified for 60 days from driving a commercial motor
vehicle. After 60 days, pay $60.00 fee and restore the commercial drivers
license.

See full Explanation at Florida Department of Highway Safety and Motor
Vehicles http://www.hsmv.state.fl.us/ddl/duilaws.html

4 Responses to Florida DUI Laws

  1. Dawn says:

    My husband got a permanent revocation on his license in 2002 in florida. and a suspension for a 4th DUI. He has paid all fines and obligations due.
    He has also changed his life totally and has been sober for over 8 years. We no longer live in fl we have lived in north carolina for the last 8 years. He contacted both states to see about getting a license in NC. He was told that his only option was to take a dui course in florida, and to report there once a month for a year, and then 4 times a year after that for the rest of his life. we live 8 1/2 hrs from fl, and the time and expense to do this makes it almost impossible. Is there any options legally that can be done? Thank you and hav a great day

    • ken townsend says:

      Dawn i know its hard on your husband i have 4 dui’s i cant hold a job as a union boilermaker my job reqires me to travel i lost my house/truck/wife just like your husband i have changed my life stile how do we pose to make a living my mom was killed by her live in boy friend when i was young stabed 14 times he did 10 yrs and now is scott free in my 4 dui’s never a accident no one was hurt ive had 1 ticket in 20 yrs and i have got to pay for the rest of my life something is wrong here im not saying drinking and driving is rite i know its wrong but is murder a lesser offence than a dui come on

  2. Melanie says:

    I have lived in Florida all of my life and got my 4th DUI in 1998. There was a law sitting on the table that was proposed about two weeks prior to my last DUI in ’98, my license were revoked for five years. sometime within the 4th year of my suspension, the law passed and was retroacted back to the date proposed. After my last DUI in ’98 I said to myself enough is enough and had stopped drinking at all knowing that was the only sure way for me not to get in a car and drive drunk again. Anyway, during my 4th year of revocation, I received a letter in the mail from the state of Florida, my license were now revoked for life. Now that I had straitened my life out and had decided to go the straight and narrow, I felt violated, like I had been sentenced for something I hadn’t done. I was allowed a hardship hearing, but three witnesses were required. I had stopped hanging around with my old friends who still drank to excess and didn’t want them to witness for me, so my boyfriends friends agreed to. As it turns out, one of them was so afraid of the DMV that he couldn’t talk when it was his turn to testify. The other one decided to elaborate by saying he had seen me take a drink by accident and spit it out, of course this was not true but it cost me my chance at a hardship license anyway. I appealed it and won anther hearing, but it was scheduled for almost a year later. Before I had the hearing I drove myself to the store, the cop ran my tag and stopped me as soon as I drove onto the street, the car was in my name. Of course I was again denied a hardship. I have tried again since then to get a hardship and am more than willing to follow the rules, I haven’t consumed any alcohol, at all since 1998, but was again denied a hardship. It seems that when I went to the hospital because I tore a muscle loose in my back, the nurse had written down that I took a pill someone gave me to ease the pain. Yes, you must allow them access to your medical records. That just shows how dumb or honest I am which these days are probably the same thing I could have told them that I hadn’t seen a doctor in over five years. Of course I did pass the drug test that had me take, but it made not difference. The statute says you may not consume any alcohol or any drugs within five years of a hardship hearing. My next try will be in 2015, if I live that long, I’m getting pretty old now, they will probably deny me again stating that I have no need to drive. I say Bull poop, I can barely walk a few blocks. You say your mom’s BF only did 10 years for murder, I think that is overly ridiculous, however, he only did it one time. I don’t know how feasible it is for you, but maybe you want to consider moving back to Florida or putting a travel trailer in a resort park and paying the monthly lot rent so your husband can stay in it while here taking care of this. It would be worth it. But make sure you look up the Florida Statute, you can find the statute number by typing in Florida DUI laws in your search engine. Print it out and have your husband read it over until he has it memorized, They WILL deny him a hardship for violation of any of the criteria listed in the statute and there is no recourse.

  3. Melanie says:

    P.S. 27 percent of traffic fatalities are caused by drunk or impaired drivers, so who causes the other 73 percent?

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