Navigating License Suspensions and the Path to Getting Back on the Road After a DUI in Florida

If you’ve been arrested for a DUI in Florida, you’re likely facing more than just criminal penalties. One of the most immediate consequences you’ll experience is the suspension of your driver’s license. Losing your license can have a significant impact on your daily life—whether it’s getting to work, taking care of your family, or simply maintaining your independence. The good news is that in many cases, you can get your license back.

As an experienced Florida criminal defense lawyer, I’ve worked with many clients to get their licenses reinstated after DUI arrests. It’s not an easy process, but with the right knowledge of Florida law, a strategic approach, and legal representation, it’s entirely possible.

In this article, I’ll walk you through the steps to getting your license back after a DUI in Florida, the relevant statutes you need to be aware of, potential defenses that could apply, and why you should consult with a private attorney throughout the process. I’ll also provide a real-life example of a case where I was able to help a client regain their driving privileges.

Florida DUI License Suspensions: The Basics

When you’re arrested for a DUI in Florida, your driver’s license may be automatically suspended, depending on the circumstances. Florida has an implied consent law, which means that by driving on Florida roads, you’ve agreed to take a chemical test if an officer suspects you of driving under the influence. If you refuse the test, your license will be suspended. Similarly, if your blood alcohol concentration (BAC) exceeds the legal limit of 0.08%, your license will also be suspended.

Florida Statutes § 316.1932 outlines the implied consent law:

“(1) Any person who accepts the privilege extended by the laws of this state to drive on the highways of this state shall be deemed to have given consent... to submit to a breath, urine, or blood test...”
— Florida Statutes § 316.1932(1)

If you refuse to submit to testing, Florida Statutes § 316.1939 outlines the penalties for refusing a breath, blood, or urine test, which can result in a one-year license suspension for a first offense, and 18 months for subsequent refusals.

But don’t panic—just because your license has been suspended doesn’t mean it’s permanent. Depending on the nature of the arrest and whether you meet certain conditions, you may be able to reinstate your license after a period of time.

Steps to Getting Your License Back After a DUI in Florida

There are two main ways to regain your driver’s license after a DUI in Florida:

  1. Requesting a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV)

  2. Completing the requirements for a hardship license if eligible

Let’s break down each step.

1. Formal Review Hearing

If your license is suspended, you may be eligible for a formal review hearing. Florida Statutes § 322.2615 provides you the right to request this hearing within 10 days of your arrest. At this hearing, the DHSMV will review the facts of your case and decide whether your suspension should remain in effect or be lifted.

If you request a formal review hearing and your license suspension is upheld, you may still be eligible for a restricted or hardship license (more on that shortly).

Why hire an attorney for this process?
A private attorney can help you gather the necessary evidence and documentation for your hearing. In many cases, I’ve been able to win hearings for clients by presenting compelling arguments about the circumstances of their arrest, the legality of the breath test (or refusal), and any violations of their rights.

2. Hardship License

If your license suspension is upheld after your review hearing, or if you want to regain driving privileges sooner, you may be eligible to apply for a hardship license. This type of license allows you to drive for specific purposes, such as getting to work, school, or medical appointments.

Florida Statutes § 322.271 governs the process for applying for a hardship license. It’s important to note that you’ll need to meet several conditions, including completing DUI school and, in some cases, installing an ignition interlock device in your vehicle. The requirements can vary based on whether this is your first offense or whether you’ve had prior DUI convictions.

Relevant Statutes and Conditions

In order to apply for a hardship license, you must meet the following requirements:

  • Completion of DUI School (under § 316.193(3)(e) and § 322.291)

  • No prior DUI offenses (or certain conditions related to your prior convictions)

  • Completion of an alcohol evaluation (under § 316.193(6))

  • Proof of employment or school attendance (if required)

  • Installation of an ignition interlock device (if required by § 316.193(2)(b))

If your license suspension was caused by a refusal to submit to a breath test, the process to get a hardship license can be more complicated, and you may need to wait a longer period before being eligible for a hardship license.

A Real-Life Example of Regaining a License After a DUI

I had a client, John, who was arrested for DUI after being involved in a minor traffic accident. His BAC was 0.09%, which is over the legal limit. John’s license was immediately suspended, and he was facing significant penalties.

John came to me after receiving the notice of his license suspension. We quickly requested a formal review hearing with the DHSMV, where we argued that his arrest did not meet all the necessary legal requirements. The arresting officer had failed to properly administer the breath test, and there were issues with the calibration of the machine.

We presented evidence that led the DHSMV to reverse the suspension and reinstate John’s driving privileges. He was able to keep his license and avoid a hardship license, which would have impacted his ability to get to work.

This is just one example of how hiring a private lawyer early in the process can make all the difference. I don’t just represent my clients—I fight for their rights at every stage, from the hearing process to defending their eligibility for a hardship license.

Why You Need a Private Attorney

Regaining your license after a DUI is complicated. The process involves strict timelines, legal challenges, and complex forms that many people find overwhelming. Without a private attorney, you risk missing deadlines, making mistakes on paperwork, or facing obstacles you don’t know how to handle.

A private attorney who specializes in DUI defense can help in the following ways:

  • Understanding Florida’s complex DUI laws: Florida has numerous statutes governing DUI, license suspensions, and hardship license applications. A private attorney knows how to interpret and apply these laws.

  • Gathering and presenting evidence for your hearing: Whether it’s challenging the validity of the DUI stop or arguing against the legality of the breath test, your attorney can build a solid case for why your license should be reinstated.

  • Handling paperwork and deadlines: There are strict time limits for requesting hearings and applying for hardship licenses. I ensure everything is done on time and in accordance with Florida law.

FAQs – How to Get Your License Back After a DUI

How long does a DUI license suspension last in Florida?
A DUI license suspension can last anywhere from 6 months to 1 year, depending on whether you refused a breath test, your BAC level, and whether this is your first or subsequent offense. If you refuse a breath test, you could face a 12-month suspension for a first offense and 18 months for a second refusal. A second DUI conviction carries a 5-year license suspension.

What is a hardship license?
A hardship license allows you to drive for specific purposes, such as getting to work, attending school, or medical appointments, even if your license is suspended. To qualify, you must complete DUI school, submit to an alcohol evaluation, and possibly install an ignition interlock device.

Can I get my license back after a DUI if I refused the breath test?
Yes, but it’s more difficult. If you refuse to take a breath test, your license will be suspended for 12 months on a first refusal. After that, you may be eligible to apply for a hardship license, but you’ll have to meet additional requirements and possibly wait longer to regain full driving privileges.

Can a DUI attorney help me get my license back?
Yes, a DUI attorney can help you in multiple ways. They can request a formal review hearing, challenge the suspension, and help you apply for a hardship license. An experienced lawyer can also ensure you meet all the requirements to reinstate your license after your suspension period.

Do I need to take DUI school to get my license back?
Yes. Florida requires all individuals convicted of DUI to complete DUI school. This is a mandatory program that helps educate drivers about the dangers of alcohol and drug use while driving. Your completion of DUI school is required before you can apply for a hardship license or reinstatement of your full driving privileges.

How soon can I apply for a hardship license?
You can apply for a hardship license immediately after your DUI arrest or after a suspension is imposed, but the exact timeline depends on the specifics of your case. If you’ve refused the breath test, you may need to wait at least 30 days before you’re eligible to apply. Your attorney can guide you through the process and ensure all paperwork is filed correctly.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Losing your license after a DUI arrest doesn’t have to be permanent. If you’ve been arrested for DUI and want to know how to get your license back, I’m here to help. I’ve fought for my clients’ driving privileges, won formal review hearings, and made sure hardship licenses are granted when possible.

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.