What You Need to Know About Florida’s Hardship License and How to Fight for Your Driving Privileges After a Felony DUI Conviction

If you’ve been convicted of felony DUI in Florida, you know the consequences can be severe. In addition to the potential for a long prison sentence, steep fines, and permanent criminal charges, you could also face the loss of your driver’s license for a significant period. However, one of the questions I get most often is, “Can I get a hardship license if convicted of a felony DUI?”

The short answer is that it depends on several factors, including the specific details of your case and whether you meet the eligibility requirements for a hardship license under Florida Statutes § 322.271. The good news is that it is possible to obtain a hardship license after a felony DUI conviction, but it’s not automatic. It’s important to know the process, your rights, and why you need a private criminal defense attorney to help guide you through it.

I’ll now walk you through the factors that affect your ability to get a hardship license after a felony DUI conviction in Florida, how to request one, the defenses that may apply to your case, and why hiring an attorney can be the key to success. I’ll also share a real-life example of a case where I helped a client obtain a hardship license after a felony DUI conviction.

Understanding Florida’s Felony DUI Law

First, it’s important to understand what constitutes a felony DUI in Florida. A DUI offense becomes a felony under the following circumstances:

  • Third DUI Conviction: If you are convicted of DUI for the third time within 10 years, it becomes a third-degree felony under § 316.193(2)(b).
  • DUI with Serious Bodily Injury: If you cause serious bodily injury while driving under the influence, you can be charged with DUI causing serious bodily injury, a third-degree felony under § 316.193(3)(c).
  • DUI Manslaughter: If someone dies as a result of your impaired driving, you can be charged with DUI manslaughter, which is a second-degree felony under § 316.193(3)(c).

If you’re convicted of any of these offenses, you will face the legal consequences of a felony conviction, including potential prison time, fines, and loss of driving privileges.

The Basics of a Hardship License in Florida

A hardship license is a special driver’s license that allows individuals whose licenses have been suspended or revoked to drive under certain conditions. It’s important to note that the hardship license is not a full reinstatement of your regular driver’s license. It is only available for individuals who can prove that losing their ability to drive would cause undue hardship.

Under Florida Statutes § 322.271, you may be eligible for a hardship license if:

  • You have a valid need to drive for work, school, medical appointments, or other essential activities.
  • You have served a certain portion of your license suspension.
  • You meet any special conditions set by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) or the court.

In the case of a felony DUI, you must meet specific eligibility requirements set forth in the statute, and the process of applying for a hardship license is more complex than for a first-time DUI offense.

Can You Get a Hardship License After a Felony DUI Conviction?

The eligibility for a hardship license after a felony DUI conviction is restricted. Specifically:

  1. For a Third DUI Conviction: If you are convicted of a third DUI within 10 years, you are ineligible for a hardship license for the first five years of your suspension under § 316.193(2)(b). After that, you may be eligible to apply for a hardship license, but it is not automatic.
  2. For DUI with Serious Bodily Injury: If you are convicted of DUI with serious bodily injury, you are ineligible for a hardship license during the first five years of your license suspension. After five years, you may be eligible to apply, but the process is more difficult.
  3. For DUI Manslaughter: If you are convicted of DUI manslaughter, you are ineligible for a hardship license for the first ten years of your suspension. After ten years, the DHSMV may allow you to apply for a hardship license, but the requirements are stricter.

In all of these cases, the DHSMV will evaluate your application based on factors like the severity of the offense, your driving history, and your ability to demonstrate that losing your license would cause an extreme hardship.

Why You Need an Attorney to Help You Apply for a Hardship License

The process of obtaining a hardship license after a felony DUI conviction is not straightforward. Florida law sets strict guidelines, and the DHSMV requires you to meet specific conditions. A private criminal defense attorney can help you:

  1. Prepare Your Case – I’ve helped clients gather the necessary documentation to prove their eligibility for a hardship license. This includes showing proof of employment, schooling, or medical necessity and demonstrating that you are rehabilitated and have a clean driving record since your conviction.
  2. Advocate on Your Behalf – A qualified attorney will advocate for your best interests during your hardship license hearing. I will argue on your behalf, present evidence, and challenge any unreasonable conditions set by the DHSMV or the court.
  3. Help You Avoid Mistakes – The process of applying for a hardship license can be complex. Mistakes can lead to denial or delays in your application. A lawyer who understands the administrative rules can ensure that everything is done correctly the first time.
  4. Appeal a Denial – If your application for a hardship license is denied, you have the right to appeal. I can help you file the necessary paperwork and represent you in a second hearing to increase your chances of success.

An Example of Winning a Hardship License After a Felony DUI

Let me give you an example of how having an attorney can make all the difference in the outcome of your case. A client of mine was convicted of a third DUI offense within a 10-year period. Under Florida law, this meant they were ineligible for a hardship license for the first five years of their suspension. However, my client had a family to support and could not afford to lose their job, which required them to drive.

We filed a petition with the DHSMV showing that losing the ability to drive would create a severe hardship for my client and their family. We also presented evidence of rehabilitation, including completion of an alcohol treatment program and proof that they had not committed any offenses since their last conviction.

After a hearing, I was able to successfully argue that my client had demonstrated significant change and had a legitimate need for a hardship license. The DHSMV granted the hardship license, allowing my client to get back to work and support their family.

This case highlights how important it is to have an attorney who can present a strong case and fight for your rights during the hardship license application process.

Defenses That May Apply to a Felony DUI Case

In some cases, the felony DUI charge may be challenged on various grounds. Here are a few defenses that could apply:

  1. Lack of Probable Cause – If the police did not have sufficient probable cause to stop you or arrest you for DUI, this could be a strong defense. For example, if the officer did not properly observe signs of impairment or if the traffic stop was made without justification, we could challenge the arrest.
  2. Inaccurate Breathalyzer or Blood Test Results – If you were subjected to a breathalyzer or blood test, procedural errors or faulty equipment could result in inaccurate readings. We can challenge the reliability of the test results in court.
  3. Illegal Search and Seizure – If your vehicle or personal items were searched illegally (without a warrant or probable cause), any evidence obtained may be excluded from trial.
  4. Entrapment – If law enforcement encouraged or coerced you into committing the offense, this could be grounds for a defense.
  5. Medical Conditions – Certain medical conditions, such as diabetes or anxiety, can mimic signs of impairment. We can present medical records to demonstrate that your behavior was due to a medical condition, not alcohol or drug impairment.

If you’ve been convicted of a felony DUI in Florida, you still have options when it comes to obtaining a hardship license. However, the process is complex, and you’ll need to prove that losing your license would cause an extreme hardship. This is where an experienced criminal defense lawyer can make all the difference.

Don’t try to go through this process alone. Hire a private attorney who knows the law, understands the administrative procedures, and will fight for your driving privileges. With the right legal help, you can increase your chances of success and get back on the road.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – Hardship License After Felony DUI

What is a hardship license in Florida?

A hardship license is a restricted driving permit that allows you to drive for essential activities, such as work, school, or medical appointments, even if your regular driver’s license is suspended.

Can I get a hardship license if I’ve been convicted of a felony DUI?

It depends on the type of felony DUI conviction. Generally, if you’ve been convicted of a third DUI within 10 years, a DUI with serious bodily injury, or DUI manslaughter, you may be eligible for a hardship license after a waiting period (5 to 10 years). However, this is not automatic, and you must meet specific eligibility requirements.

How long do I have to wait before applying for a hardship license after a felony DUI?

For a third DUI conviction, you must wait at least five years before applying for a hardship license. For DUI with serious bodily injury, the waiting period is also five years. For DUI manslaughter, the waiting period is ten years.

What do I need to show to qualify for a hardship license?

You must prove that losing your license would cause an extreme hardship, such as the inability to drive to work, school, or medical appointments. You’ll also need to demonstrate that you have completed any court-ordered programs, such as DUI school or alcohol treatment.

How can a private attorney help with my hardship license application?

An experienced attorney can help you prepare your case for the DHSMV hearing, gather the necessary documentation, advocate for you during the hearing, and help you avoid mistakes that could result in a denial. If your application is denied, a lawyer can also help you file an appeal.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation 

Don’t try to go through this process alone. Hire a private attorney who knows the law, understands the administrative procedures, and will fight for your driving privileges. With the right legal help, you can increase your chances of success and get back on the road.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.