How to get your license back after a DUI in Florida

Steps the state lists

1. 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. 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. 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. 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. 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. 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

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 fetched.

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.”

Compare removal rules in every state

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

1. FLHSMV — DUI Frequently Asked Questions (reinstatement after first conviction, FR-44)
2. FLHSMV — Ignition Interlock Device (IID) Frequently Asked Questions (P restriction, violations, early removal)
3. FLHSMV — Florida DUI and Administrative Suspension Laws (revocation periods; business or employment reinstatement)
4. FLHSMV — Ignition Interlock Program (P restriction; when an IID is required)
5. FLHSMV — Licensed DUI Programs in Florida (Level I / Level II courses)
6. FLHSMV — Fees (administrative fee, revocation reinstatement fee)
7. Fla. Stat. § 322.271 — Authority to modify revocation, cancellation, or suspension order (hardship / business or employment purposes)
8. Fla. Stat. § 322.28 — Period of suspension or revocation
9. Fla. Stat. § 322.2715 — Ignition interlock device