Driver Licenses & FLHSMV

What do I do about my driver license suspension?

When you are arrested for DUI, you will likely get a notice informing you of an administrative license suspension by FLHSMV. You can challenge your license suspension by requesting an administrative review hearing. This must be requested within the first 10 days from your DUI arrest, no exceptions. This administrative review hearing is separate and distinct from your criminal court case. You should contact an experience DUI defense attorney within 10 days of your DUI arrest to help you file the request.

  • Within 10 days from the date of the DUI arrest, you may request a formal or informal review hearing for the purpose of sustaining, amending, or invalidating administrative driver license suspensions and disqualifications. The decisions in or the disposition of any criminal case do not affect a FLHSMV determination of a license suspension or disqualification. YOU MUST REQUEST A REVIEW HEARING WITHIN 10 DAYS OF YOUR DUI ARREST!!!!!!!!! No review hearing requests will be accepted after the 10-day period has expired!

Do I request a formal or informal review hearing?

During a formal review hearing, you and your attorney are able to subpoena witnesses, introduce evidence, and question witnesses. This is a great opportunity to see what evidence and testimony will be used against you during your criminal case. It is very helpful to have an experienced attorney with you at the formal hearing to question the witnesses and review any evidence.

During an informal hearing, the hearing officer will review all the evidence submitted by you and the police officers and decide, based on those documents and/ or videos, if your driver license suspension should stay in place or if you should get your driver license back. There is no testimony during an informal review hearing. An experienced DUI defense attorney can help you decide which option is better for you.

What are the Driver License Revocation Periods required by FLHSMV? (note: this can be separate from driver’s license suspensions ordered by the court in criminal cases)

  • 1st offense without serious bodily injury: Minimum 180 days revocation, maximum 1 year.
  • 1st offense with serious bodily injury: Minimum 3 years revocation.
  • 2nd offense within 5 years from prior conviction: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year.
  • 2nd offense 5 or more years after prior conviction: the same revocation periods as 1st offense apply.
  • 3rd offense within 10 years of the 2nd conviction: Minimum 10 years revocation. May be eligible for a hardship reinstatement after 2 years.
  • 3rd offense 10 or more years after the 2nd conviction: the same revocation periods as 1st offense apply.
  • 4th conviction (regardless of when prior convictions happened): Mandatory permanent revocation. May be eligible for hardship reinstatement after 5 years. If incarcerated, the revocation period begins upon date of release from incarceration.
  • DUI manslaughter: Mandatory permanent revocation. May be eligible for hardship reinstatement after 5 years, if there are no prior DUI related convictions.
  • Manslaughter, DUI serious bodily injury or vehicular homicide convictions: Minimum 3 years revocation. DUI serious bodily injury having prior DUI conviction is the same as 2nd – 4th bullet above.

What happens if I have a Commercial Motor Vehicle (CMV) license and am convicted of a crime?

  • Person who is licensed to operate a CMV will be disqualified from operating a CMV for 1 year if convicted of one of the offenses:
    • Driving ANY motor vehicle (ANY motor vehicle not just a CMV) while under the influence of alcohol or a controlled substance;
    • Driving a CMV with a blood, breath, or urine alcohol level of .04 or above;
    • Leaving the scene of a crash (any vehicle not just CMV)
    • Using ANY motor vehicle in the commission of a felony (includes drug possession);
    • Refusing to submit to a test to determine the alcohol concentration while driving ANY motor vehicle;
    • Driving a CMV while the person’s CMV license or CMV permit has been suspended, revoked, or cancelled;
    • Causes a fatality through negligent operation of a CMV
  • 2nd or subsequent convictions of any of the above offenses arising out of separate incidents will result in a permanent disqualification from operating a CMV.
  • NOTE: There are no provisions for persons disqualified from operating a CMV to obtain a hardship (business or employment) license to operate a CMV.

What is a business purpose only or employment purpose only driver license?

Business or Employment Reinstatement (also referred to as a “Hardship license”): Individuals arrested for a DUI, may have their driver license privilege reinstated for business or employment purposes. There is no guarantee that you will get one.

“Business purpose only” means only the following is allowed:

  • driving necessary to maintain livelihood
  • driving to and from work
  • necessary on the job driving
  • driving for educational purposes (back and forth to school)
  • back and forth to church
  • back and forth to doctor’s appointments

“Employment purpose only” means only the following is allowed:

  • to and from work
  • any necessary on the job driving required by an employer or occupation

Can I get a business purpose only or employment purpose only driver license?

Before FLHSMV will grant a business or employment purpose only license (also referred to as a “hardship license” or “hardship reinstatement”), you must:

For 1st DUI arrest:

  • Show proof of enrollment in or complete DUI school
  • Apply for an administrative hearing for possible hardship reinstatement
  • Mandatory ignition interlock device (IID) for up to six months for breath alcohol level of .15.
  • If your breath test was above .08, you must have gone 30 days without a driver license or permit in order to be eligible for a hardship reinstatement
  • For a 1st time refusing to take a breath, urine, or blood test, you must have gone 90 days without a driver license or permit in order to be eligible for a hardship reinstatement
  • Suspension for people under 21 driving with a breath alcohol level of .02 or above, must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement. People under 21 with BAL of .05 or higher, must complete a DUI program prior to eligibility for hardship reinstatement and must have gone 30 days without a driver license or permit in order to be eligible for a hardship reinstatement
  • There is NO hardship reinstatement for 2nd or subsequent refusals.

Subsequent DUI arrests (2 or more DUI arrests), no hardship license except as provided below.

  • 2nd conviction within 5 years= 5-year driver license revocation. May apply for hardship reinstatement hearing after 1 year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (5 years). Failure to report for counseling or treatment results in cancellation of the hardship license. Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 1 year prior to reinstatement. Mandatory IID for 1 to 2 years if BAL is greater than .15.
  • 3rd conviction within 10 years of a prior conviction= 10-year driver license revocation. May apply for hardship reinstatement hearing after 2 years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (10 years). Failure to report for counseling or treatment results in cancellation of hardship license. Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 1 year prior to reinstatement. Mandatory IID for 2 years.
  • DUI manslaughter with no prior DUI-related conviction= permanent driver license revocation. May be eligible for hardship reinstatement after 5 years have expired from date of revocation (if you didn’t serve a jail sentence) or from date of the end of jail sentence, provided the following requirements have been met:
    • Applicant has not been arrested for a drug-related offense for at least 5 years prior to the hearing;
    • Applicant has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
    • Applicant has been alcohol and drug-free for at least 5 years prior to the hearing; and
    • Applicant must complete a DUI school and be supervised under the DUI program as long as you have a hardship license. Failure to report for counseling or treatment results in cancellation of the hardship license.
    • If these requirements have been met, an IID is required for 2 years.
  • DUI with serious bodily injury or vehicular homicide convictions= 3-year driver license revocation. May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.

Will I have to go to DUI school?

  • 1st conviction: you must complete DUI school before you can get a hardship reinstatement. If you wait until the 6 month or 1-year suspension has ended before reinstatement, you must show proof of enrollment or completion for your driver license to be reinstated. If you enroll and are reinstated after the 6 month or 1-year suspension period has ended, failure to complete the DUI school within 90 days after reinstatement will result in license cancellation. The driver license cannot be reinstated until DUI school is completed.
  • 2nd conviction in 5 years (5-year revocation) or 3rd conviction in 10 years (10-year revocation): you must complete advanced DUI school following your conviction before you can get a hardship license or before your license can be reinstate after the revocation period.
  • DUI manslaughter with no prior DUI-related conviction (permanent revocation): you must complete DUI school before you can get a hardship license.
  • If you wait until revocation period expires, you must enroll in DUI school and pass the driver license exams to be reinstated. Failure to complete the school within 90 days after reinstatement will result in cancellation of the license until the school is completed.
  • Reckless driving, if the court has reason to believe that the use of alcohol, chemical or controlled substances contributed to a violation of reckless driving, the person convicted of reckless driving must complete DUI school, if ordered by the court.

What happens to my driver license if I refuse to give a breath, urine or blood test?

  • Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. 2nd or subsequent refusal is a criminal misdemeanor of the 1st degree charge and the refusal charge is separate from the original criminal misdemeanor DUI charge.
  • Driver license suspension periods, 1st refusal= suspended for 1 year. 2nd or subsequent refusals= suspended for 18 months.
  • Commercial driver license disqualification periods: 1st refusal in a CMV= disqualified from holding a commercial driver license for 1 year; 2nd or subsequent refusals in a CMV= disqualified permanently. No hardship reinstatement permitted.
  • Forceful withdrawal of blood, if necessary. Blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses. Per orders of the U.S. Supreme Court, unless there are extraordinary circumstances, the police must obtain a search warrant in order to obtain your blood sample without your consent. Police can and will use electronic search warrant applications and it will not take them a long time to obtain a search warrant!
  • If you are unconscious or have a mental or physical condition that prevents you from being able to give consent to a blood test, you are presumed to have consented to the blood test and the police can order the appropriate medical personnel to perform the blood draw while you are unconscious. Because of your unconscious state or other inability to object to the blood test, police are able to order the blood draw regardless of whether they have told you that your failure to submit to a blood test will result in the suspension of your driver license.
  • Portable alcohol breath testing devices (PBTs) are allowed for people under 21. A PBT reading is admissible as evidence in any administrative hearing conducted. Note: PBT results are inadmissible in a criminal court in DUI cases. Only results from an Intoxilyzer 8000 breath alcohol testing instrument, that has been properly registered and inspected, are admissible in criminal cases.

How long will my license be suspended?

  • 1st DUI + over 21 + alcohol test .08 or above= 6 months
  • 1st DUI + under 21 + alcohol test .02 or above= 6 months
  • 2nd DUI or more + over 21 + alcohol test .08 or above= 1 year
  • 2nd DUI or more + under 21 + alcohol test .02 or above= 1 year
  • 1st DUI + refused a breath, urine, or blood test= 1 year
  • 2nd DUI or more + refused a breath, urine, or blood test= 18 months
  • Under 21 + alcohol test .05 or above= suspension remains in effect, after the 6 month, 1 year, or 18 month original suspension period, until a substance abuse evaluation and course is completed.
  • The suspension starts when you are arrested however, the officer will issue the driver a temporary permit valid for 10 days from the date of arrest. If under 21, the 10-day temporary permit is not valid until 12 hours after the officer issues it. Remember: You MUST request a review hearing with the Bureau of Administrative Review (BAR) within those 10 days or you forfeit the right to have a hearing to review your license suspension!!!!!!
  • A police officer, deputy, and/ or trooper can lawfully detain and request a breath alcohol test from any person, under 21, who the officer has probable cause to believe is driving having any alcohol level.

Contact an experienced and knowledgeable DUI defense attorney now to discuss your options regarding your driver license after your DUI arrest. Call Ann Marie Johnson at (904) 353-7733 for a free consultation today.

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