DUI Suspended Driver’s License Frequently Asked Questions (FAQ)


Practice Areas > Criminal Defense > DUI > DUI Driver's License Suspension

As one of the leading Jacksonville DUI attorney’s I believe in making sure the citizens of Jacksonville and the State of Florida are well educated regarding their rights and the best course of action if pulled over for a DUI by Jacksonville law enforcement. Have another question I didn’t answer regarding Jacksonville DUIs? Contact me for a free DUI case evaluation.

How long will my driver’s license be suspended if this is my first DUI offense?

If you took a breath test and your blood alcohol level exceeded .08, your license will be automatically suspended for six months. If you did not take the breath test, your driver’s license is automatically suspended for at least one year.

However, if you took a breath test, you will be eligible for a hardship license (a license that allows you to drive to work, school and other life essential locations) 30 days after your license was suspended. If you did not take any tests, you are eligible to receive a hardship license 30 – 90 days after your license was suspended.

If I blew over .15 and this was my first DUI offense how long will my driver’s license be suspended?

If you blew over a .15, your driver’s license will automatically be suspended for six months.

If this is my second DUI offense how long will my driver’s license be suspended?

It depends on how long ago your first DUI offense was. If it was more than five years ago, it will be treated like a first DUI offense, and the driver’s license suspension times will be as those are from a first DUI offense.

If it was less than five years ago, your driver’s license will be revoked for five years, and the DMV may require evaluation and treatment for two to five years. If it is less than five years, you can apply for a hardship license one year after your sentencing. To apply for a hardship license after a year, you will need to have completed DUI School Level II and alcohol treatment as part of your sentence. You will also need to have a mandatory ignition interlock device for at least one year.

What is an ignition interlock device?

It is essentially a breathalyzer that is connected to your ignition. In order for your car to start, you have to blow into the breathalyzer. If no alcohol is detected, your car will start normally.

How do I get a hardship license?

To get a hardship license you must schedule a hearing with the Department of Motor Vehicles within 10 days of your arrest. The hearing will occur within 30 days of your arrest and this is where you can request a hardship license. This is why it is critical to get a DUI lawyer as soon as you are arrested.

To obtain a driver’s license, you must prove that you have been to DUI School, and a substance abuse evaluation. If you went to a substance abuse evaluation and it was recommended that you seek additional counseling, you may still obtain your hardship license prior to completing the additional counseling, but it can be revoked if you do not attend all required counseling sessions.

Where can I drive with my hardship license?

You can drive between home and work, home and school, to medical appointments, to religious services and ceremonies, to the grocery store and for necessary life matters. You cannot drive for fun.

If I lose my driver’s license can I get another one in another state?

Probably not.

I have an international driver’s license can I use that to drive in Florida?

No.

What happens to my car when I get a DUI and how do I get it back?

The police agency who arrested you will tell you what they did with your car. Often they will leave it locked on the side of the road or they will tow it to the police tow lot. To get it out of the tow lot, you, or the owner of the vehicle, will have to pay the impound fee to get it removed and returned to the owner’s custody.

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