To get a hardship license in Florida after a DUI, you must meet specific requirements and follow a structured application process with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). This process typically involves completing a DUI program and paying all necessary fees.
Understanding Florida Hardship Licenses
A hardship license, officially known as a "Business Purposes Only (BPO)" or "Employment Purposes Only (EPO)" license, is a restricted driver's license. It permits individuals whose driving privileges have been suspended due to a DUI conviction to operate a vehicle for essential activities only.
What are Business Purposes Only (BPO) and Employment Purposes Only (EPO) Licenses?
- Business Purposes Only (BPO): Allows driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving to and from school, church, and medical appointments.
- Employment Purposes Only (EPO): More restrictive than BPO, strictly limited to driving to and from work and necessary on-the-job driving.
The type of hardship license you may be eligible for depends on your specific circumstances and the nature of your DUI conviction.
Eligibility Requirements for a DUI Hardship License in Florida
Before you can apply for a hardship license, you must meet several key criteria:
- Serve Mandatory Suspension Period: You must first complete a specific period of your driver's license suspension during which no driving is permitted (often called the "hard suspension" period). This period varies depending on the number of prior DUI convictions:
- First DUI: Often a 30-day hard suspension.
- Second or Subsequent DUI: Longer hard suspension periods, typically 90 days or more, and additional requirements may apply.
- Complete a Licensed DUI Program: You must submit proof of completion of a Florida-approved DUI Program school. This is a mandatory step for anyone seeking reinstatement or a hardship license after a DUI.
- No Other Disqualifying Suspensions: Your driving record must be clear of other active suspensions or revocations that would prevent the issuance of any license. Additional suspensions on your record may require further clearance requirements.
- Enrollment or Completion of Ignition Interlock Device Program (if applicable): For certain DUI offenses, especially repeat offenses or those involving high BAC, installation and proof of enrollment in an Ignition Interlock Device program may be a prerequisite.
The Application Process for a Hardship License
Once you meet the eligibility criteria, you can apply for your hardship license through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) Bureau of Administrative Reviews (BAR) office.
Step-by-Step Guide:
- Complete Your DUI School: Ensure you have successfully completed the required DUI Level I or Level II program and obtained your certificate of completion.
- Serve Your Hard Suspension Period: Wait until the mandatory no-driving period of your suspension has elapsed.
- Gather Required Documents: Collect all necessary paperwork for your application.
- Schedule an Appointment: It's often recommended to schedule an appointment with a BAR office to avoid long wait times. You can find office locations and contact information on the official FLHSMV website.
- Attend Your BAR Hearing (if required): For some cases, a hearing officer will review your case to determine your eligibility and the scope of your hardship needs.
- Submit Application and Pay Fees: If approved, you will need to pay a reinstatement fee, along with any other applicable license fees, to receive your restricted hardship license.
Required Documents
To streamline your application, be prepared with the following documents:
Document Type | Description |
---|---|
DUI Program Completion | Certificate of completion from a Florida-approved DUI school. |
Proof of Identity & Residency | Valid photo ID (e.g., driver's license, state ID card) and documents proving Florida residency. |
Proof of Financial Responsibility | Proof of Bodily Injury Liability (BIL) insurance, often an SR-22 certificate, filed with FLHSMV. |
Court Documents | Any court orders, judgments, or citations related to your DUI conviction. |
Proof of Hardship | Letters from employer, school enrollment verification, medical appointment confirmations, or an affidavit explaining your need to drive. |
Restrictions of a Hardship License
A hardship license is not a full reinstatement of your driving privileges. It comes with strict limitations:
- Permitted Activities: You are generally allowed to drive only for:
- Employment (to and from work, and during work hours if required for duties).
- School (to and from classes).
- Medical appointments (for yourself or immediate family members).
- Religious services.
- Essential household duties (e.g., grocery shopping, very limited personal errands).
- Violations: Driving for any purpose not permitted by your hardship license can result in further suspension, revocation of your hardship license, and additional legal penalties.
Important Considerations
- Case-Specific Nature: Each DUI case is unique. The specific requirements, waiting periods, and the type of hardship license you may qualify for can vary based on your individual driving record, the severity of the DUI, and any prior offenses.
- Compliance is Key: Strict adherence to all program requirements, including DUI school, interlock device usage (if applicable), and all license restrictions, is crucial for maintaining your hardship license and eventually achieving full license reinstatement.
For the most accurate and up-to-date information, it is always recommended to consult the official resources of the Florida Department of Highway Safety and Motor Vehicles: Florida Department of Highway Safety and Motor Vehicles (FLHSMV).