Department of Highway Safety and Motor Vehicle Hearings


Practice Areas > Criminal Defense > DUI > DHSMV Hearings

In the State of Florida if you were stopped under the suspicion of driving under the influence and if a blood alcohol content (BAC) test revealed you had a BAC of .08 or over or if you refused to take the blood alcohol content test, your driver’s license will be suspended 10 days after you are arrested. You are, however, able to get some of your driving privileges back via applying for a hardship driver’s license. A hardship driver’s license allows you to drive between home and school, home and work and home and religious activities.

The guidelines for a hardship driver’s license are as follows:

if you blew a .08 or over and this is your first offense you can get a hardship driver’s license after 30 days if you can show proof of enrollment in DUI school and have applied for an administrative hearing at the DHSMV
if you refused to take a BAC test and this is your first DUI offense you can get a hardship driver’s license after 30 – 90 days
if you were under the age of 21 with a blood alcohol content above .02 you must complete a Traffic Law and Substance Abuse Education course before you will be able to receive your hardship license. You must also wait 30 days.
if you were under the age of 21 with a blood alcohol content above .05 you must complete a full DUI program prior to being granted a hardship license

However, you only have 10 days after the day you were arrested to apply for hearing with the DHSMV to request a hardship license so you must act quickly.

You cannot get a hardship license if:

if you have refused to take a BAC test two or more times you will not be granted a hardship driver’s license
if you were driving a commercial vehicle when charged with a DUI you are not eligible for a commercial hardship driver’s license

Going without a driver’s license for 30 – 90 days is challenging. But going without a driver’s license for six months to a year could be near impossible. If you are like most people in Florida, your driver’s license is essential to your daily life and livelihood, and as such, you should hire a Jacksonville Drivers License Suspension Attorney to fight for a hardship license to drive to life critical locations – work, school and religious activities. Contact The Lonker Law Group for the best chance in regaining your driving privileges!

Remember, the State of Florida must prove that you were aware that your driver’s license was suspended or revoked. To avoid serious fines, jail time and a criminal record you need a criminal defense attorney in Jacksonville to fight for your rights and your freedom. Contact The Lonker Law Group today for a free case evaluation!

Received a DUI in Jacksonville? Educating yourself is critical. Read more about what to do if charged with a DUI in Jacksonville.

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