This blog is about hardship license after second and subsequent DUI. I say this upfront because daily I get either phone call or website inquiry about how to get a hardship license after second, third, or fourth Florida DUI.
In the state of Florida, there is no hardship on a second or subsequent DUI.
Let me repeat that in a different way. If you get a DUI in Florida, and it is your first DUI, you can get hardship license within 10 days. I will explain this process once again below.
If you get a DUI, and you have a prior conviction for a DUI, and I specifically
say conviction, not a breakdown from a DUI to a reckless driving, then
you are not eligible for hardship license.
Common example is client has a DUI from 1993, he enters a plea and is
convicted. This DUI is more than 25 years ago. At that time this person
was 18, now well into his professional career, he picks up another DUI.
I get these calls frequently. Unfortunately the answer is you have a prior
conviction, this is your second DUI outside of five years, and you still
don’t qualify for a hardship license. This means you have to serve
the length of your entire administrative suspension.
It is important to note, that if your prior DUI was a refusal, and you
refused again, the state will add an additional charge of a 1st degree
misdemeanor of a criminal refusal. This is often used as leverage by the state.
Circling back around to the first DUI, if you have been arrested you have a right within 10 days to either schedule a DMV hearing in order to challenge the administrative suspension of your drivers license, or within 10 days you can get a hardship license. In order to get the hardship license, you have to sign up for DUI school first and take that to the administrative suspension‘s office on Wilson Boulevard. Please see our hardship license page for relevant links. Please note that you have to sign up for DUI school in person.
The DMV can do the hearing on the phone, but you cannot sign you up for DUI school online, you have to do it in person.
A conviction for DUI can be life-changing and carry devastating consequences, it is important that you understand all of your options and strengths and weaknesses of your case. This is where an experienced DUI lawyer can help.