Driving after a DUI in Florida: the Hardship license (driving privilege restricted to “business purposes only” or “employment purposes only”)

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

Fla. Stat. § 322.2615: the officer takes the license, issues a notice of suspension and a 10-day temporary permit (if otherwise eligible) that expires at midnight of the 10th day after the notice; the suspension period commences on the date of the notice (6 months first unlawful BAL; 1 year first refusal). The driver may request a formal or informal review by the department within 10 days after the date of issuance of the notice of suspension, or may request a review of eligibility for a restricted driving privilege under § 322.271(7). Form HSMV 78065 (Application for Formal/Informal Review) is submitted with a $25.00 filing fee to the Bureau of Administrative Reviews office indicated on the citation/notice within 10 days of the arrest or issuance of the notice. A review request does not stay the suspension; a formal review must be scheduled within 30 days of the request or the suspensio

“The driver may request a formal or informal review of the suspension by the department within 10 days after the date of issuance of the notice of suspension or may request a review of eligibility for a restricted driving privilege under s. 322.271 (7).”

Who can get it, and how soon

Administrative suspension: FLHSMV states a driver suspended for an unlawful alcohol level of .08 or above or for refusing a breath, urine or blood test must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement, after serving 30 days (unlawful alcohol level) or 90 days (first refusal) without a license or permit; no hardship reinstatement for two or more refusals. Alternatively, under Fla. Stat. § 322.271(7), a driver never previously suspended under § 322.2615, never disqualified under § 322.64 and never convicted under § 316.193 is eligible for a business-purposes-only privilege for the duration of the suspension, which waives formal and informal review. Conviction: a first conviction requires completing DUI school and applying to FLHSMV for a hearing; second and subsequent convictions have no hardship license except as FLHSM

“Suspension for driving with an unlawful alcohol level of .08 or above, or refusal to submit to breath, urine, or blood test, must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement.”

Fla. Stat. § 322.2615(10): once the suspension is sustained, a person suspended for an unlawful blood- or breath-alcohol level of 0.08 or higher is not eligible for a business or employment purposes license until 30 days have elapsed after the expiration of the last temporary permit issued (or 30 days from the date of suspension if no 10-day permit was issued); for a refusal the period is 90 days. FLHSMV: must serve 30 days (unlawful alcohol level) or 90 days (first refusal) without a driver license or permit before eligibility for hardship reinstatement. Exception: § 322.271(7) makes a first-time suspended driver with no prior DUI conviction eligible for a business-purposes-only privilege ‘notwithstanding’ § 322.2615(10)(a) and (b) for the duration of the suspension; accepting it waives formal and informal review, and Form HSMV 78306 states the restricted license is no longer valid on a

“the person is not eligible to receive a license for business or employment purposes only pursuant to s. 322.271 until 30 days have elapsed after the expiration of the last temporary permit issued.”

Conditions attached to the privilege

Form HSMV 78306 (Application for Administrative Hearing, Bureau of Administrative Reviews): the applicant requests reinstatement on a restricted basis under § 322.271, may ask BAR to waive the hearing under § 322.271(2)(b), must have enrolled in or completed the applicable driver training course or DUI substance abuse education course and evaluation, submits proof of enrollment in or completion of DUI school (the restricted license is cancelled if the school is not completed within 90 days of enrollment), written evidence, and a $12.00 filing fee payable to the Division of Motorist Services; the waiver is not available for suspensions involving death or serious bodily injury, multiple DUI convictions under § 322.27(5), or a second or subsequent suspension under the same provision. DUI school: proof of enrollment suffices for the administrative-suspension hardship (FLHSMV), while a person

“Please submit a $12.00 filing fee via check or money order made payable to the Division of Motorist Services with this Application. Please do not send cash. Your application will not be considered complete until the filing fee is received.”

Where and when it allows driving

‘Business purposes only’: any driving necessary to maintain livelihood, including to and from work, necessary on-the-job driving, educational purposes, church and medical purposes. ‘Employment purposes only’: to and from work and necessary on-the-job driving required by an employer or occupation. The § 322.271(7) privilege during an administrative suspension is restricted to business purposes only for the duration of the suspension; Form HSMV 78306 states an approved restricted license is limited to Business Purposes Only and expires on a specific date. No hour limits are stated.

““A driving privilege restricted to business purposes only” means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.”

How it is issued

The licensing agency issues the Hardship license (driving privilege restricted to “business purposes only” or “employment purposes only”).

Official page: flhsmv.gov

The statute: Fla. Stat. § 322.271 (Authority to modify revocation, cancellation, or suspension order), esp. (1)(c), (2) and (7); § 32

“has never been convicted of a violation of s. 316.193 , and whose driving privilege is now suspended under s. 322.2615 is eligible for a restricted driving privilege pursuant to a hearing under subsection (2).”