Florida’s Rules for 4th DUI Hardship / Business Purpose Only / Employment Purpose Only Permit

Florida recently changed the rules which permanently barred any person in Florida with four DUI convictions from obtaining either a business purpose only or a employment purpose only permit (which is often called the “hardship license.”) The rules are complicated, and even the Florida Department of Highway Safety and Motor Vehicle’s website doesn’t explain it all. Many of the provision have a “Got Ya!” effect. One wrong move and a mistake could prevent you from restoring your driving privileges for even longer.

Disclaimer: Never rely on information found on the internet for legal advice. You must contact a criminal defense attorney if you wish to retain an attorney to walk you through the process. The information contained here is for general purposes only. The law contains many exceptions that are constantly changing and evolving. Only an attorney can give you legal advice based on the particular facts of your case.

Fourth DUI Conviction in Florida – Hardship License After Five (5) Years

The Florida legislature has recently made it possible for an individual convicted of four (4) or more DUI’s to get an “employment purpose only” permit and eventually to obtain a “business purposes only” permit. Currently, the individual must wait 10 years from date of the last DUI conviction or when the individual was released from jail or prison on the charge (whichever occurred later). During that 10 year period, the individual must not have driven for any reason or consumed any alcoholic beverage. If the driver tells anyone at the DHSMV or the DUI Special Supervision Services Program that he drank, used any illegal drugs or drove without a license during those ten (10) years then the person is not eligible for a hardship permit (employment purpose only or business purpose only) for another 10 years.

Amazingly, the legislature has also relaxed the rules for anyone with four DUI convictions who applies for a hardship license after October 1, 2011. On that date, a person who has not driven for five (5) years after the DUI conviction and release date is eligible to apply for a hardship license.

How to Apply for a Hardship License in Florida after a 4th DUI

Step 1: You should probably wait until after October 1, 2011 to apply so you are subject to the 5 year rule instead of the 10 year rule.

Step 2:  Go to the Bureau of Administrative Reviews for the DMV in the county in which you live to have a obtain a formal review hearing. At the hearing, you will be asked the following questions:

• Have you been cited or arrested for any drug or alcohol charge within the last five years? (If the answer is yes then you are not eligible).
• If not, have you consumed any illegal drugs, non-prescribed prescription medication, or alcohol in the last five years? (If the answer is yes then you are not eligible).
• Have you been cited or arrested for any offense that involved driving a motor vehicle for any reason within the last five years? (If the answer is yes then you are not eligible).
• If not, have you driven a vehicle for any reason in the last five years? (If the answer is yes then you are not eligible).
• Have you completed the approved DUI school program? (If the answer is no then you are not eligible)
• If so, please show me your certificate of completion for DUI school. (You must have the original certificate showing compliance with this requirement).

Step 3: If the hearing officers decides that you are eligible for a Florida hardship license, then during the first year you are eligible for a “employment purpose” only license. After the first year, you can reapply for the “business purpose” only license.

Step 4: The hearing officer will send you a letter which indicates you are eligible to obtain the hardship “business purpose” only driver’s license while the life-time 4th DUI revocation is in place. The letter will instruct you to obtain a recommendation from the Special Services Program.

Step 5: Apply for a recommendation with the Florida’ Special Supervision Services Program. You must submit to an evaluation. If you accepted into the program, you must also obtain the ignition interlock device for the specified period. You must remain in the Special Supervision Services Program for the entire time that you have the hardship license (which means the rest of your life if you have 4 or more DUI convictions on your Florida Driver’s License).

Step 6: Take the letter from the Special Supervision Services Program back to the Bureau of Formal Review so that they can issue you another letter which authorizes you to obtain the employment purpose only license.

Step 7: Take the letter to any full-service DMV office and pay the fees required.

Suspension Periods in Florida for Multiple DUI Convictions

Florida law requires that the Florida Department of Highway Safety and Motor Vehicles impose certain periods of suspension depending on the number of prior convictions and the timing of those convictions. Even after the suspension is imposed the driver may be eligible to apply for a hardship license as explained below.

• Second DUI within Five (5) Years – Requires Five (5) Year Florida DL Suspension

Under Florida law, a second DUI within five years requires a five (5) year driver license suspension. After one year, however, the person can apply for a hardship license. At the time of application, the DHSMV will check to see if the person has been caught drive or if the person admits to driving even if the person was never cited for any driving offense during the one (1) year period.

• Third DUI within Ten (10) Years – Requires Ten (10) Year Florida DL Suspension

Under Florida law, a third DUI conviction within ten (10) years of the first DUI conviction requires a ten (10) year driver license suspension. After two (2) years from the date of the conviction, however, the person can apply for a hardship license. At the time of application, the DHSMV will check to see if the person has been caught drive or if the person admits to driving even if the person was never cited for any driving offense during the two (2) year period.

• Fourth or Subsequent Lifetime DUI Conviction – Requires a Permanent Florida DL Suspension

Under Florida law, a fourth DUI conviction (no matter when the prior convictions occurred) requires a permanent driver license suspension. That permanent DL suspension previously meant that the person could never regain any privileges to drive in Florida under any circumstance. Now those rules have finally changed.

After the fourth or subsequent DUI conviction, before applying for the hardship license the person must wait ten (10) years from the date of conviction or from the date that the person was released from jail or prison (whichever occurred later).

Pursuant to the current version of Florida Statute 322.271(5)-(6) which was revised in 2010, if the applicant waits until after October 1, 2011 to apply, the person must only wait five (5) years from the date of the last DUI conviction or from the date that the person was released from jail or prison (whichever occurred later) to apply for a hardship license. At the time of application, the DHSMV will check to see if the person has been caught drive or if the person admits to driving even if the person was never cited for any driving offense during the five (5) year period. Additionally, at the time of application, the DHSMV will check to see if the person has been caught drinking alcohol or using any illegal drug or or if the person admits to drinking alcohol or using any illegal drug even if the person was never cited for any driving offense during the five (5) year period.

If deemed eligible, the driver can pursue a “employment purpose only” driver license for the first year. Thereafter, the person can apply for the broader “business purpose only” driver license.

Types of Hardship Drivers License – “Employment Purposes Only” and “Business Purposes Only”

Florida law provides for two different types of hardship licenses.

• The “business purposes only” driver license allows someone to drive to work, school, the doctor, a lawyer and other limited purposes. Pursuant to Florida Statute Section 322.271(1)(c)(1), the “business purposes only” license allows any driving “necessary to maintain livelihood.”

• The “employment purposes only” driver license has a more limited purpose because it only allows someone to drive to or from work or for legitimate on-the-job driving purposes.

Eligibility is Only the Beginning – Florida’s DUI Special Supervision Services Program

Once you determine that you are eligible, you must meet several conditions including submitting to Florida’ Special Supervision Services Program for the entire period that you have the hardship license. In addition to other requirements, you must also obtain the ignition interlock device for the specified period.

Read more about the Hillsborough County Supervision Services Program located at 4711 N. Hubert, P.O. Box 151351, Tampa, FL 33684, telephone number (813) 875-6201 including the maze of specific requirements.

Additional Information from the DHSMV Website on Obtaining a Hardship Driver’s License:

3rd DUI – third offense not within 10 years of second conviction will result in a 180-day to 1-year revocation, unless the last 2 of the convictions fall within 5 years in which case a 5-year revocation will apply. You are not eligible for a hardship license, but must wait out the revocation period.

A third offense within 10 years of second conviction will result in a 10-year revocation. You must serve 2 years of this revocation period before being eligible to apply for a hardship license in the Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”) where you live. You must complete DUI School, and treatment, if referred, and have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. You must remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license.

If you wait to reinstate until after your revocation period ends, proof of enrollment or completion of DUI School, and treatment, if referred, is required. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Failure to complete treatment may result in cancellation of your driver license.

At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay an Administrative fee and revocation reinstatement fee and any license fee required. For a DUI conviction on or prior to October 1, 2007, you must provide proof of bodily injury liability insurance in the amount of 10,000 per person and $20,000 per occurrence and $10,000 property damage liability on the arrest date or proof of bodily injury liability coverage and a $15 reinstatement fee will be required. Any DUI conviction after October 1, 2007, must provide proof of bodily injury liability insurance in the amount of 100,000 per person, 300,000 per occurrence and 50,000 property damage liability on the arrest date or proof of liability coverage and a reinstatement fee of $150 up to $500, for subsequent violations will be required.

See also Ignition Interlock Requirements.

4th DUI or Subsequent DUI Conviction – You must serve 10 years of this revocation period before being eligible to apply for a hardship license in the Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”) where you live. You must complete DUI School, and treatment, if referred, and have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. You must remain in the Special Supervision Services Program to retain your hardship license.

At the time of reinstatement you must take the required examination, and pay an Administrative fee and revocation reinstatement fee and any license fee required. For a DUI conviction on or prior to October 1, 2007, you must provide proof of bodily injury liability insurance in the amount of 10,000 per person and $20,000 per occurrence and $10,000 property damage liability on the arrest date or pay a $15 reinstatement fee. Any DUI conviction after October 1, 2007, must provide proof of bodily injury liability insurance in the amount of 100,000 per person, 300,000 per occurrence and 50,000 property damage liability on the arrest date or pay a fee of $150 up to $500.

See also Ignition Interlock Requirements.