DUI Administrative Hearings - Hardship Driving Privileges

Lee A. Cohen, an experienced DUI Defense Lawyer, provides professional DUI Criminal Defense Legal Services in Lakeland, Winter Haven, Bartow, Polk County, and Central Florida.

Call Attorney, Lee A. Cohen 863.646.7636

You only have 10 days from the date of the DUI arrest to request an administrative hearing with the department of motor vehicles.

At this point you may request to be granted hardship driving privileges while you are involved in the legal process of defending yourself against DUI charges.

Business Purposes Only/Employment Purposes Only Reinstatements-s. 322.271, F.S. and s. 322.28, F.S.

• First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .15.
  
  
• Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, or for two years if BAL is greater than .20.
  
  
• Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .15.
  
  
• Third Conviction Within 10 Years: (10-Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement.  Mandatory ignition interlock device for two years.
  
  

DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met:

1. Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;
   
   
2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
   
   
3. Has been alcohol and drug-free for at least 5 years prior to the hearing; and
   
   
4. Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license).
   
   
5. Ignition interlock device required for two years.
   
   

Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.

Hardship License Prohibited:

1. Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.
   
   
2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.
   
   

At Cohen Law, P.A., we understand the uncertainty you may experience when charged with a DUI crime, the severity of penalties if convicted, and the impact a conviction may have on your life. We defend those charged with a DUI crime while aggressively protecting your legal rights.

Over the years we have successfully provided professional DUI defense legal services for countless Lakeland, Florida and Polk County area residents. Do not leave your future and reputation to chance. Make sure your legal rights are protected and you voice is heard.

Contact Lee A. Cohen at 863.646.7636 for your DUI Criminal Defense Attorney legal needs in the Lakeland, Winter Haven, Bartow, Polk County, and Central Florida Area.