There are certain driving-related offenses that will lead to a suspension, revocation, or cancelation of a driver’s license. Obviously, losing a driver’s license has many consequences for most people. One of the most difficult situations to deal with is finding transportation to and from work. Many people across the United States live and work in places where public transportation is simply not a viable option for getting to their place of employment. Other people have to drive as a part of their job. While the legal system can and will punish individuals who violate driving-related laws, there are also exemptions that recognize the fact that not permitting people to continue to support themselves and their family is going to have far-reaching negative impacts.
Class E License Restrictions
A Class E license is the drivers' license most of us have, and it permits us to drive non-commercial vehicles that weigh less than 26,001 pounds. Drivers who intend to drive large commercial trucks need specialized licenses to do so, but most of us only require a Class E license.
In the event that your Class E license is suspended, as might happen in the case of a driver caught operating their vehicle under the influence, or in other moving violation scenarios, it is possible to get the license reinstated with certain restrictions.
A C Restriction on a Class E license is a restriction for “Business Purposes Only.” A driver with a C Restriction will be permitted to drive to and from their place of employment, to drive while they are working for employment-related purposes, for education-related purposes, to church, and for medical reasons.
A D Restriction is for employment purposes only and is more restrictive than a C Restriction. These drivers can only operate their vehicle to and from work and for on-the-job purposes.
DUI and a Temporary Hardship Permit
When a person is arrested for a DUI, the citation serves as a temporary permit for the 10 days after the arrest. This is only true if you were driving on a valid license when you were arrested.
The best course of action is to request a formal review hearing within those 10 days. The hearing is where you can contest the suspension and the DUI. Most people will need an attorney to represent them at one of these hearings because they are quite complex.
People who cannot afford an attorney may wish to waive the hearing and request a hardship exemption to the license suspension. The DUI will remain on these driver’s records, and this option is only recommended for people who cannot afford a DUI Defense Attorney.
If you have an attorney, the attorney will demand a formal review hearing, and file to obtain a 42-day permit that will allow you to drive on a restricted basis while your attorney works to have the suspension invalidated. The temporary permit will have a C Restriction, for business purposes only.
If you and your attorney are successful, your suspension will be invalidated, and your driving privileges will be restored, and there will be no records of your license ever being suspended.
If you are not successful in challenging the suspension, then your license will be subject to a hard suspension. You will still be able to apply for a hardship license at that time.
Applying for a Hardship License
You may apply for a hardship drivers’ license after your permit expires and once you have completed any hard suspension placed on your license. Not everyone is eligible to receive a hardship license. If you admit to or were caught driving during a hard suspension of your license, then you will not be allowed a hardship license. There are a number of past offenses that will impact your ability to obtain a hardship license. If you have refused breathalyzers twice or more, had your license suspended or revoked for five or ten years, had two prior DUI convictions, been convicted of DUI Manslaughter of murder from the operation of a motor vehicle, or DUI causing serious bodily injury and been convicted of two or more other DUIs, then you are not eligible for a hardship license.
There are other suspensions and revocations not having to do with DUIs that may impact your ability to qualify for a hardship license. Suspensions for failure to pay child support, convictions for theft of a motor vehicle, felony possession of a controlled substance, and other restrictions may impact your eligibility as well.
Violating a Restriction
Violating a restriction by driving for purposes that are not permitted by the C Restriction is a second-degree misdemeanor. This means a violator could spend 60 days in jail and be required to pay a $500 fine. The restriction may be extended on the license, as well. This means that the old date at which you would have been eligible to return to normal driving privileges would be void, and a new date further into the future will be selected.
When the restriction period ends, the license reverts to a normal Class E license with no restrictions on what purposes the individual may drive for. While there is no requirement that you acquire a new license, many people get a replacement to avoid the embarrassment of the restriction.
How Our Florida DUI Hardship License Attorneys Can Help You
If you have lost your driving privileges in the State of Florida, it is imperative that you speak with one of our business hardship license attorneys as soon as possible to safeguard your financial livelihood. The Lawyers at Musca Law have over 150-years of combined traffic court and license defense experience. Musca Law is available to receive your call 24 hours a day, 7 days a week. At Musca Law, we listen to you and we strive to provide the best legal advice and representation regarding your situation.
If you are interested in fighting to restore your driving privileges or if you need an attorney who will argue for your business-only hardship license in Florida, contact our law firm today at (888) 484-5057 to explore your legal options.