How to get your license back after a DUI in Florida
Getting a license back after a DUI is an agency process, not a court one: the steps below are the ones the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) lists, in its order, each quoted from the agency's own page. Requirements differ by offense, blood-alcohol level, refusal, and prior record; the state's wording controls.
Steps the state lists
- 1
Serve the revocation period
FLHSMV states that a first-time DUI results in a six-month to one-year revocation effective on the conviction date, and a first DUI with serious injury results in at least a three-year revocation. Fla. Stat. § 322.28(2)(a)1. sets the first-conviction revocation at not less than 180 days and not more than 1 year.
What the source says
“A first – time DUI will result in a six-month to one-year revocation, effective on the conviction date. A first-time DUI with serious injury will result in at least a three-year revocation, effective on the conviction date.”
- 2
Apply for a hardship driver license before the revocation expires (if one is sought)
Before the revocation period expires, the customer may apply for a hardship driver license in the county of residence. FLHSMV states the applicant needs proof of completion from a DUI program and, if referred by the court, a treatment provider, provided to the local Bureau of Administrative Reviews office.
What the source says
“Before the revocation period expires, the customer may apply for a hardship driver license in the county where they live.”
- 3
Show proof of DUI program enrollment or completion
If the customer waits to reinstate until after the revocation period ends, proof of enrollment in or completion of a DUI program is required; FLHSMV states that failure to complete the course within 90 days after reinstatement results in cancellation of the license until the course is completed.
What the source says
“If the customer waits to reinstate his/her license until after the revocation period ends, proof of enrollment or completion of a DUI program is required. Failure to complete the course within 90 days after reinstatement will result in cancellation”
- 4
Take the required exams and pay the administrative, revocation reinstatement, and license fees
At the time of reinstatement, whether for a hardship or a full-privilege license, the customer must take all required exams and pay an administrative fee, a revocation reinstatement fee, and all required license fees (the FLHSMV fee schedule lists a $130 administrative fee for alcohol and drug related offenses and a $75 revocation reinstatement fee).
What the source says
“At the time of reinstatement, whether for a hardship driver license or a full-privilege driver license, the customer must take all required exams and pay an administrative fee, a revocation reinstatement fee, and all license fees required.”
- 5
Obtain form FR-44 and maintain it for three years
For a DUI conviction after October 1, 2007, the customer must obtain form FR-44 showing bodily injury liability coverage of $100,000/$300,000 and property damage liability of $50,000 (or $350,000 combined single limits) under Fla. Stat. § 324.023, and maintain the FR-44 for three years from the date of reinstatement.
What the source says
“The customer must maintain the FR-44 form for three years from the date of reinstatement of their driving privilege.”
- 6
Install an ignition interlock device if the DUI sanction requires one
FLHSMV states that an individual with an open DUI sanction mandating an IID must have the device installed before license reinstatement; the license is then issued with a “P” restriction and the required IID period begins on the day the restriction is issued. For a first conviction the IID is required only if court ordered, or for at least 6 months if the BAL was 0.15 or above or a minor was in the vehicle.
What the source says
“An individual with an open DUI sanction mandating an IID who wishes to reinstate their license, is required to have an IID prior to license reinstatement.”
Official reinstatement page: Florida Department of Highway Safety and Motor Vehicles (FLHSMV)
Conditions that travel with reinstatement
| Reinstatement fee | $75 revocation reinstatement fee plus $130 administrative fee for alcohol/drug-related offenses (FLHSMV fee schedule) |
|---|---|
| SR-22 / financial-responsibility filing | Yes · 3 years — Florida SR-22 requirements |
| Ignition interlock | Florida interlock rule |
| Required program | DUI program substance abuse education course (Level I / Level II) at a licensed DUI program |
| Driving during the suspension | Hardship driver license — driving privilege restricted to “business purposes only” or “employment purposes only” (Fla. Stat. § 322.271) |
| Re-examination | Knowledge test: required · road test: required |
Required program: DUI program substance abuse education course (Level I / Level II) at a licensed DUI program
FLHSMV's Bureau of Motorist Compliance oversees licensed DUI programs under chapter 15A-10, F.A.C. FLHSMV describes DUI programs as non-profit organizations that provide drug and alcohol education to DUI offenders to satisfy judicial and driver licensing requirements, with a Level I course (minimum 12 hours of classroom instruction) for first-time offenders and a Level II course (minimum 21 hours) for persons with multiple offenses. Attendance is limited to a program serving the county of residence, employment, or school.
“DUI programs are non-profit organizations required to provide drug and alcohol education to DUI offenders to satisfy judicial and driver licensing requirements. There are two types of educational courses offered: Level I for first-time offenders and Level II for persons with multiple offenses.”
Driving during the suspension: Hardship driver license — driving privilege restricted to “business purposes only” or “employment purposes only” (Fla. Stat. § 322.271)
Fla. Stat. § 322.271(1)(c) defines a privilege restricted to business purposes only (driving necessary to maintain livelihood, including to and from work, on-the-job driving, educational, church and medical purposes) and to employment purposes only (to and from work and necessary on-the-job driving). Under § 322.271(2)(a) the department requires proof of successful completion of the DUI program substance abuse education course and evaluation; the privilege may not be granted to a person convicted under § 316.193 until that course and evaluation are completed, and (except as provided in § 322.271(2)(c)) not to a person convicted two or more times or suspended two or more times for test refusal. FLHSMV's DUI laws page states a first conviction requires completing DUI school and applying to FLHSMV for a hearing for possible hardship reinstatement.
“The privilege of driving on a limited or restricted basis for business or employment use may not be granted to a person who has been convicted of a violation of s. 316.193 until completion of the DUI program substance abuse education course and evaluations as provided in s. 316.193 (5).”
When the interlock can be removed
Fla. Stat. § 322.2715(3) expresses each IID term as a minimum number of “continuous” months or years (at least 6 months, 1 year, 2 years or 5 years depending on the conviction). FLHSMV's IID FAQ states that restriction time counts only after an IID “P” restriction is placed on the driving record and the license is reinstated; that a provider will not remove the device unless the customer first surrenders the license at a driver license or tax collector office; and that if the IID is removed before the expiration date on the restriction the customer may have to start the restriction time over without credit for past compliance. Violations (two start-up results above the set BAL, a missed or failed rolling retest, or tampering) require the customer to contact a licensed DUI program within 10 days of the violation letter. No violation-free compliance window or early-removal provision is stated on the FLHSMV pages.
Compliance period: none stated (statutory terms are expressed as continuous months/years; early removal may reset the period without credit)
“Please be aware that if the IID is removed prior to the expiration date on the restriction, customers may be required to start their restriction time over without credit for past compliance.”
Will you have to retake the test? Re-examination in Florida
Some states hand the license back once the conditions are met; others treat a revoked or long-withdrawn license as expired and issue a new one only after the knowledge test, the road test or a vision screening is passed again. The rules below are the licensing agency's own, one per test.
| Knowledge (written) test | Required A DUI conviction revokes the license, and the FLHSMV states that at reinstatement — whether for a hardship license during the revocation or a full-privilege license after it — the customer takes all required exams and pays the administrative fee, the revocation reinstatement fee and the license fees. The Class E examination under Fla. Stat. § 322.12 includes the test of highway signs and traffic laws, and the FLHSMV lists a $10 knowledge retest fee for a further attempt. What the source says“At the time of reinstatement, whether for a hardship driver license or a full-privilege driver license, the customer must take all required exams and pay an administrative fee, a revocation reinstatement fee, and all license fees required.” |
|---|---|
| Road (driving) test | Required The same reinstatement sentence covers the driving test: the Class E examination ends with an actual demonstration of ability to control a motor vehicle, and the FLHSMV lists a $20 skill retest fee for a further attempt. What the source says“An actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.” |
| Vision screening | Required The eyesight test is the first part of the Class E examination and is given by the driver license examiner or by a licensed ophthalmologist, optometrist or physician. What the source says“A test of the applicant’s eyesight given by the driver license examiner designated by the department or by a licensed ophthalmologist, optometrist, or physician.” |
What triggers a re-test
The DUI revocation itself: the FLHSMV ties the exams to reinstatement after a DUI revocation, for a hardship license during the revocation period as much as for a full license after it. A first DUI brings a six-month to one-year revocation from the conviction date, and Fla. Stat. § 322.28 speaks of granting a new license after a revocation.
“If the customer waits to reinstate his/her license until after the revocation period ends, proof of enrollment or completion of a DUI program is required.”- Testing fee
- $48 — the Original Class E license fee; a knowledge retest is $10 and a skill retest $20 for each further attempt; the $130 administrative fee for alcohol and drug related offenses and the $75 revocation reinstatement fee are separate, and a $6.25 service fee may apply in a tax collector office
What the source says
“Original Class E (includes Learner’s license)* $48.00”
- Where to take it
- flhsmv.gov — at a driver license service center or tax collector office; many offices require appointments
- Official driver manual
- Florida Class E Driver License Handbook
- The rule
- Fla. Stat. § 322.12
“It is the intent of the Legislature that every applicant for an original driver license in this state be required to pass an examination pursuant to this section.”
Questions about re-testing in Florida
- Does a Florida DUI revocation mean retaking the tests?
- Yes. The FLHSMV states that at the time of reinstatement, whether for a hardship driver license or a full-privilege driver license, the customer must take all required exams and pay the administrative fee, the revocation reinstatement fee and the license fees. Under Fla. Stat. § 322.12 the Class E examination consists of the eyesight test, the hearing test, the highway-sign and traffic-law knowledge test and the driving demonstration.
- What do the tests cost in Florida?
- The FLHSMV fee schedule lists $48 for an Original Class E license, $10 for a knowledge retest and $20 for a skill retest. The $130 administrative fee for alcohol and drug related offenses and the $75 revocation reinstatement fee are charged in addition.
- Is the hardship license exempt from the exams?
- No. The FLHSMV DUI FAQ applies the same requirement to a hardship driver license issued during the revocation period and to a full-privilege license issued after it.
Reinstatement knowledge check: Florida
Ten questions on the rules this site cites for the state — the figures the licensing agency and the statute state, with a link to where each one is stated. The order changes every time.
This is not the agency's knowledge test and does not predict it; it checks the rules cited on this site.
Questions about reinstatement in Florida
- What does FLHSMV require to reinstate a license after a first Florida DUI conviction?
- According to the FLHSMV DUI FAQ, a first DUI carries a six-month to one-year revocation. At reinstatement the customer must take all required exams, pay an administrative fee, a revocation reinstatement fee and license fees, show DUI program enrollment or completion, and, for convictions after October 1, 2007, obtain form FR-44 and maintain it for three years from reinstatement. An IID must be installed first if the sanction mandates one.
- What is a Florida hardship license after a DUI?
- Fla. Stat. § 322.271 allows the department, after a hearing, to restore driving on a restricted basis for “business purposes only” or “employment purposes only.” Under § 322.271(2)(a), the privilege may not be granted to a person convicted under § 316.193 until the DUI program substance abuse education course and evaluation are completed, and generally not to a person with two or more DUI convictions or refusal suspensions.
- When does Florida's ignition interlock time start, and how is the device removed?
- Per the FLHSMV IID FAQ, time counts toward the restriction only after a “P” restriction is placed on the driving record and the license is reinstated. A provider will not remove the device unless the customer surrenders the license; if the IID is removed before the restriction's expiration date, the customer may be required to start the restriction time over without credit for past compliance.
Sources
- FLHSMV — DUI Frequently Asked Questions (reinstatement after first conviction, FR-44)
- FLHSMV — Ignition Interlock Device (IID) Frequently Asked Questions (P restriction, violations, early removal)
- FLHSMV — Florida DUI and Administrative Suspension Laws (revocation periods; business or employment reinstatement)
- FLHSMV — Ignition Interlock Program (P restriction; when an IID is required)
- FLHSMV — Licensed DUI Programs in Florida (Level I / Level II courses)
- FLHSMV — Fees (administrative fee, revocation reinstatement fee)
- Fla. Stat. § 322.271 — Authority to modify revocation, cancellation, or suspension order (hardship / business or employment purposes)
- Fla. Stat. § 322.28 — Period of suspension or revocation
- Fla. Stat. § 322.2715 — Ignition interlock device