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 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.

46 Comments

  1. Mark
    Posted April 4, 2011 at 01:09 | Permalink | Reply

    I received my 4th dui in Fl. in 1998. I have no convictions, no alcohol, and no drugs or crimes since then. I have been living in Merietta, Ga. since 1999. What do I need to do to receive at least an employement purpose only permit?

    Please help, I have been praying for this for so long. My brother still lives in Fl. and he told me about this.

    • Posted April 4, 2011 at 11:47 | Permalink | Reply

      This process of obtaining a hardship driver’s license after a Fourth DUI is only available if you live in Florida. If your driver’s license is suspended in the state that you currently live in because of the lifetime suspension in Florida for a fourth DUI then you might be out of luck. It would depend on the laws in the state that you live in since you are trying to obtain a driver’s license in your home state. You would need to contact an attorney in Georgia. The attorney in Georgia might tell you, “Move to Florida.”

      It really makes no sense but I see it in lots of different types of cases. For example if someone becomes a habitual traffic offender with a five year revocation in Florida and then moves to another state they are not usually eligible for a hardship license in their home state because of the hold in Florida even though the person would be eligible for a permit if they lived in Florida after 12 months.

      That is a great question and I’m not sure whether any other states grant relief under those circumstances.

  2. james
    Posted May 12, 2011 at 00:18 | Permalink | Reply

    i had 2 dui’s in KY in 1989, 1 in Broward Co, FL in 1992, 1 in KY in 2000, KY has a 5 year wash out period, when they said how do you plead to your 1st offence I plead guilty without any knowledge of what florida was going to do, I had not lived in florida since 1992, so I feel like I should be able to try and get the courts in KY to realize I plead under false pretence without knowing I was going to be permanatly revoked ,worse than than that guilt a felony charge i never was even brought to court on, It’s bullshit how in the hell can state senate see a fair conclusion here , Judge you had a public drunk charge in 1982 , step down, people do and can recover from addiction and be very productive members of society, its kind of Ironic , florida has no wash out period

    • Posted June 26, 2011 at 16:02 | Permalink | Reply

      Yes. When charged with a DUI out of state, you really have to hire an attorney to defend you on the charge and seek advice from an attorney in your home state to understand all the consequences to your Florida driver’s license. Florida will treat that out of state DUI as if it occurred here and impose the same revocations.

  3. mark
    Posted June 24, 2011 at 15:23 | Permalink | Reply

    I have 4th dui in 10 years..may of 2012 will be 5 years since conviction and time served…I have been told as of 10/1/2011 the law has changed,so you can qualify for hardship in 5 years?After you get this license can you eventaly move to another state with this hardship and get a licence in that state or will I only be able to drive in the state of FL?

    • Posted June 26, 2011 at 15:58 | Permalink | Reply

      Mark,

      Yes, the law changed as of 10/1/2011, and now the waiting period is 5 years instead of 10 years if you have a permanent revocation of your driver’s license in Florida because of a fourth lifetime DUI conviction. It is my understanding that you only qualify for the hardship license if you are a resident of the State of Florida. In other words, you may not ever be able to get a driver’s license in another state because the other state will show you received a lifetime revocation in Florida. But if you live in Florida and jump through all the hoops you might qualify for a hardship license. As a matter of policy, this just means Florida is encouraging all the people with FL revocations for four DUI convictions to stay in Florida forever so they can get a hardship license. The states should really work together so that if a driver is qualified for a hardship in one state that new state would also provide that same or a similar opportunity. But at least now there is an opportunity for a hardship in Florida. [This is not legal advice. You have to pay for legal advice. This is just a discussion about my general understanding of the application of these rules as they might apply to a particular situation. If anyone has any different ideas or experiences, please make a comment].

      Leslie Sammis

      • Posted May 14, 2013 at 11:36 | Permalink

        What about Speedy trials where the State had No Counsel(Public Defenders) present in court.5th and 6th Amendments.The court has no Waiver of Counsel,No stanard forms for payment to the Clerks of the Courts for the Public Defender.I fell I like I was forced to enter a Plea of No Contest on a Misdemeanor at that Time.Not Knowing that Years later I would Have a Permenant Revocation on a Fourth Dui.
        Seeking to find Relief on Two of the Dui’s without Counsel.Any Help

  4. Posted July 23, 2011 at 21:19 | Permalink | Reply

    I got a dui in 1982 when I was 17 years old. After gastric bypass surgery, I got 3 dui’s in 2 months (12/07-02/08). Attorney did not even get one reduced. Is it possible, after the fact, to provide scientific information about my situation and possibly restore driving privileges? I am very active in my recovery. This loss of dl severely limits my ability to grow professionally and personally.

  5. richard
    Posted September 30, 2011 at 20:06 | Permalink | Reply

    Go to colorado they will give them back!

    • Mark
      Posted October 2, 2011 at 04:17 | Permalink | Reply

      Richard…back to anyone?

    • JOE KING
      Posted October 12, 2011 at 05:02 | Permalink | Reply

      how can u get a lincense in colorodo w/ 4 duis in fla.? need help tks

    • JOE KING
      Posted December 13, 2011 at 04:23 | Permalink | Reply

      use some advice pls

    • Lisa
      Posted January 12, 2012 at 03:05 | Permalink | Reply

      How can you get a license in COLORADO???

  6. Jon Berggren
    Posted October 2, 2011 at 22:06 | Permalink | Reply

    Convicted Felony DUI March 2007.

    Sentenced to 2 years probation.

    Can I get my license after conviction date?

    Or is it after probation date ?

    Cause that adds on 2 more years.

    Also the arrest was in September 2006 !

  7. Mark
    Posted December 14, 2011 at 00:19 | Permalink | Reply

    Joe King…I only have 1 DUI in Fla. and 3 in Virginia.

  8. vknqueen
    Posted February 14, 2012 at 15:43 | Permalink | Reply

    I had three dui’s in michigan got the 4th in florida in 93. no offenses since then…they called this a felony dui and I was revoked for life in florida. What are my chances of getting this exponged? I live in florida again,my father is here, elderly, I really need to be able to drive to help him out. What are my possible options?

    • Posted February 15, 2012 at 10:28 | Permalink | Reply

      A person is not eligible under Florida law to seal or expunge a DUI conviction or any “conviction” for that matter. We have a page on our main website devoted to this topic – Seal or Expunge Criminal Records under Florida law. I think you are really interested in being able to drive again. Florida law now provides that even though you have a lifetime revocation in Florida you are eligible to apply for a hardship license after a fourth DUI conviction if you meet all of the requirements explained in the blog post.

  9. robert barrowman
    Posted February 19, 2012 at 07:13 | Permalink | Reply

    3 duis in fl one in ky one in la any hope for me for hard ship in fl. i called the dmv they said yes twice .iam concerned about when all the hoops start will these other d u i s surfice will i be shot down then. my fl record shows only two duis on my driving record please advise me please thank you robert barrowman dl number b655-766-510280

  10. Mike Moore
    Posted February 24, 2012 at 10:11 | Permalink | Reply

    Good morning,
    A little background first.
    My Fl License was permanatly revoked for multible DUI’s in 1999. I am currently in working on my 14th year of sobriety.
    When the law was changed I had a hearing at the Tampa DMV on Oct 1 2010 at which time was granted a hardship license(they said I was the first in the state to receive this under the new laws). I received my license in Nov 2010. My car is equiped with interlock device and I am under SSS supervision at Tri-County in Lakeland.
    My question is…The law as written states that I must report for supervision at least 4 times a year or as the program requires. Tri-County says No. They said I had to report each mounth for 5 years and bimonthly the 6th year…then it would go to quarterly in the 7th year. I do know of others that are in SSS with Tri-County in the Winter Haven office that are on quarterly after the 2nd year and bi-monthly after the 1st year. I’m wondering if this is Florida law or just their policy? I am trying to cut expenses and the extra $65 a month would help me greatly. Also trying to move to Tennessee so is there any chance of transfering jurisdiction there? The interlock can be transfered to TN but not the supervision. She said I would have to come to Fla each month for that. That is not possible being a single father with an 8 year old in school. I could do this if it were on a quarterly basis.
    Trust me, I’m not trying to beat the system, but trying to work within it.
    Do you see any relief for me here?
    Thank you for your time.
    Mike M.

  11. Dee
    Posted June 19, 2012 at 12:45 | Permalink | Reply

    Lost FL driving privileges for 4th DUI. Got Hardship license. Kept our residence in FL for years. Over time, supervision reduced to quarterly but always concerned they would revoke privilege all together. Moved and received restricted Georgia DL. Moved to another state and now have this state’s DL.

    Twenty-five years of recovery. Still fly quarterly to Florida for Supervision; along with urine tests, submit local police reports, pay fines, and so on. Sad it never ends and expensive to maintain. My family cannot believe it can’t be fixed. Paying the price. Who knew? Try to be grateful I can drive at all.

    • Mike Moore
      Posted June 19, 2012 at 19:36 | Permalink | Reply

      Thanks for the response.Does Florida know you have out of state DL.
      Thats what puzzles me. It seems we would be breaking the laws of 2 states by holding both DL’s
      Mike
      6/19/2012

  12. Kathy
    Posted July 12, 2012 at 15:58 | Permalink | Reply

    I am trying to help a man who had 4 DUIs, one in 72,(in Virginia), one in 78, and two in 84. Three of them were in Florida. He has lived in California since the late 80′s, has been clean for years and has a good job here. He had a valid California license for many years, but when he went to renew this last time, they found the Florida hold and would not let him renew until the FL hold was removed. This is when he learned about the changes in FL law and the permanent revocation.

    His whole life is in CA, and he does not want to return to FL. Does anyone have any ideas as to how he can legally drive again? He cannot afford to move back to FL.

  13. Nik
    Posted July 22, 2012 at 18:44 | Permalink | Reply

    Responding to Dee’s message where she writes:
    Twenty-five years of recovery. Still fly quarterly to Florida for Supervision; along with urine tests, submit local police reports, pay fines, and so on. Sad it never ends and expensive to maintain. My family cannot believe it can’t be fixed. Paying the price. Who knew? Try to be grateful I can drive at all.

    My question:
    I wonder if the other states will someday work together with Florida so when a person moves to another state, they can avoid having to fly back and forth to report to the Supervision in Florida. I mean really…can’t another state take over the Supervision for Florida and if it’s all a matter of money (which is ultimately what it is all about) just send Florida the money?

    • Jay
      Posted September 21, 2012 at 10:17 | Permalink | Reply

      Don’t ever get into the trap of Florida
      Supervision program. Its all a scam to get people to stay in Florida and take in more money.

  14. Jeff
    Posted August 27, 2012 at 10:25 | Permalink | Reply

    I have a reckless driving conviction from 2005, and a DUI 1st from 2009, the DUI my license was susoended so I was charged with that also. I was convicted on habitual driving offender. It has been about 2 years since the DUI. I am currently working and need a license for my job to continue, I am getting the run around from Florida on how to obtain a hardship/Business purpose license. Do you have any sughgestions or what should I do?

  15. Jay
    Posted September 21, 2012 at 02:10 | Permalink | Reply

    Looks like colorado is the place to
    go live after 4DUI in Florida.
    No hurricaines either.

    • john c campbell
      Posted October 7, 2012 at 16:34 | Permalink | Reply

      iread in west law that it takes two felony convictions and two mistermeaner conviction of dui to get lifetime suspendion i got 3 mistermeanor and 1 felony can i overturn the lifetime suspendions or can i get a license in a common wealth state like virgina

  16. Anonymous
    Posted October 21, 2012 at 00:49 | Permalink | Reply

    i ahd 4 dui florida took them for life all they wanted was money money , never had a wreck or anything 2 dui was in my 20s 30 years later i got another i was sitting in my car had a open beer slamm got another and was so very depressed went out with friends and the last time a 4th fl. said fck you your done 11 years later i moved to colorado and they gave me a dl , thank you the wonderfull state of colorado ty

    • tom
      Posted November 9, 2012 at 08:45 | Permalink | Reply

      Anonymous
      What did you have to do in Colorado to get licence?What did you have to show them,records,etc.
      Did they know about Florida?

      • Brian
        Posted November 15, 2012 at 11:31 | Permalink

        3 dui’s in Virginia, 1 in 1982, 2 in 1984, 1 in Florida 1992. Now I live and work in Wisconsin. Even if I were to comply with Florida, which is impossible anyway because there is no way I can afford to fly to Florida once a month to attend their special supervision program. Wisconsin will not honor the occupational license. Colorado is the only way to go for me too. Except for the fact that it would be quite an undertaking to have to find a job in Colorado, quit my job here and relocate, I would already be there.

        I’ve been sober now for 12 years and have a clean record. There is no reason why I should not be allowed to drive now especially since I have more than paid the price for drinking and driving. It’s been over 20 years of having to burden other people with my transportation needs.The lawmakers of Florida and every other state in this country who honors such a law are just plain assholes in my opinion. Even some murderer’s are forgiven at some point and allowed to resume a normal life.

      • Kathy
        Posted November 17, 2012 at 15:07 | Permalink

        I know of two people in California in a similar situation (both have been sober a long time, have good jobs (and for years had valid CA licenses, until Florida changed their law)), with California recognizing Florida’s very restrictive law. Is there a chance that your first DUI was a plea without an attorney? Maybe that would be a way to get that one eliminated? This law is a very difficult one, as it was passed after the first offenses…

      • Brian
        Posted November 20, 2012 at 11:20 | Permalink

        I didn’t know I could do that. Even after 30 years? I’m quite sure I didn’t have a lawyer at the time of that first conviction, but even if I could get Virginia to expunge that 82′ dui, would Florida then be obligated under the law to reverse their permanent revocation conviction? Would I need a lawyer to accomplish this?

  17. Tim
    Posted November 27, 2012 at 06:39 | Permalink | Reply

    I say we all set up a fund and hire a lobbyist to propose a new law dealing with 4th DUI laws in Florida.

    • Brian
      Posted November 28, 2012 at 10:38 | Permalink | Reply

      I’m all for it.

      • Mike Moore
        Posted November 28, 2012 at 20:04 | Permalink

        Yeah, that’s what changed the law now to allow 4th and up offenders to be able to get a license…
        ya might have the blow the whole house in Tallahassee to get it changed anymore…

      • rick
        Posted February 8, 2013 at 15:59 | Permalink

        iam for it also!!!! i thank they should
        let you take one off after 10 to 15 years . one in a life time !!

  18. Posted January 17, 2013 at 07:47 | Permalink | Reply

    I’ve had 2 DUIs in Fla. There’s a new law that states that if you refused the first one then you refuse the second time you do 60 days. Also the the new insurance form is FR-44 instead of SR 22. Do to all the frawdulant cases in Fla. Insurance companys charge 5,000 or more per year and you must obtain it for 3yrs. I can image what it coast after 4 DUIs. Good luck to everyone.

  19. bsimoneau
    Posted February 13, 2013 at 08:14 | Permalink | Reply

    What are the ignition interlock requirements associated with Florida Hardship Licenses? Massachusetts requires anyone on a hardship license to use an ignition interlock device. Does Florida have the same requirements?

  20. Danny
    Posted May 13, 2013 at 16:07 | Permalink | Reply

    I had two Dui’s and convicted in court in the 80′ and 90′s with no Public Defender or Attorney.On my 4 Dui I went to prison.I filed pro se motions(3) to find out how the court can convict me on a Felony when I had be denied Counsel in two previous Dui’s.I would like these removed from my records and get my Drivers License Back.
    I have completed all that DMV has required me to do,ie interlockClasses and Counseling.
    The Right to Counsel Ignored in Northwest Florida.

  21. Posted July 14, 2013 at 12:59 | Permalink | Reply

    I have 3 dui’s in fl from 1998. I was sentenced to three yrs in fl D.O.C. for dui and none related dui charges. I was released in 7/00. I moved to Ohio. I got 2 more dui’s… Now Ohio will let me have my driving privileges back; However,FL has a hold on me cause they pulled the Ohio duis and added the duis to my Fl DMV saying I have 4 or mor DUI’s. How is that possible??? thank you.

  22. Tim
    Posted August 5, 2013 at 15:41 | Permalink | Reply

    Law Makers are dropping the ball here, people overcome youthful wild and or addictions.I have a brother who had 4 dui’s over 36 years and the first one at age 19 was the only deserving one. Nobody was ever hurt and a bad tail light had him pulled over otw home from a work outing for #4 in florida 24 years later..He tried to defend against it w a trial and lost??? Florida gave him 4.5 years in state prison with the bad guys . He had never been in jail and went through F HELL…now he lives with me in massachusetts and cant get a license…he is a proffessional appraiser. He lost his home, his wife and kids and he doesnt drink but only an occasional glass of wine??? Pretty Harsh I say….so he has applied for SS disability, Welfare, Workmans unemployment benifits, Food Stamps…….So..Florida, Mass, RMV’s everywhere…I hope your happy, youve aided in ruining a good mans life…..

    • Brian
      Posted August 6, 2013 at 11:07 | Permalink | Reply

      I agree the law is ridiculous. My first dui was in Virginia 1982. I was only 19 at the time. That was over 30 years ago. My second and 3rd dui was 1n 1984 and the last one was in 1992. I haven’t touched a drop of alcohol in almost 13 years. Even if I still lived in Florida I still wouldn’t be able to get the hardship license because of the cost. The dmv has made it so complicated and expensive that many people couldn’t afford it anyway. Yes, they have pretty much ruined my life also. I realize that I have to take full responsibility for getting behind the wheel of a car while intoxicated, but since then I have more than paid the price and suffered for my crime. Now I’ve had to struggle for the last 21 years, not being able to find decent employment and being dependent on someone else for transportation for over 21 years. I’ve said it before and I’ll say it again. The lawmakers of Florida and the Florida DMV and every DMV in this country who goes along with Florida are just plain assholes. It’s not about public safety either. I asked a lady at the Florida DMV back in 1997 what the statistics were regarding dui’s and if there was a reduction in dui’s since the permanent revocation law went in to effect. She said no. Arrests for dui’s were about the same yet the arrest rate for people driving on revoked dl
      s had increased tremendously. I don’t remember the percentage she have me because it was such a long time ago but I think the penalty for driving on a permanently revoked license is a felony and you can get 3 years in jail. Isn’t that nice. Job security for the judges and jailers. It’s all about money and the business of keeping people trapped in their little judicial web.

  23. Jennifer
    Posted January 7, 2014 at 14:40 | Permalink | Reply

    Do all 4th DUI convictions have mandatory jail time? or is it a case by case basis?

    • lsammis
      Posted January 7, 2014 at 15:10 | Permalink | Reply

      I’ve listed below the minimum manatory jail time and statutory maximum jail time which depends on the way the DUI is charged. A fourth DUI can be charged as a felony which has no minimum mandatory jail time required (although the prosecutor might still ask for jail time). Additionally, in a felony DUI case the scoresheet might indicate that a certain amount of jail time is required but that depends on the otehr charges and prior offenses. A fourth DUI might also be charged as a misdemeanor especially when the prosecutor cannot prove up one of the prior convictions (because it is too old or the defendant was not represented by counsel or for other reasons).

      Those misdemeanor charges may come with statutory minimum mandatory jail time – for instance, a third DUI within 10 years of any prior conviction comes with 30 days in jail with at least 48 hours consecutive. But those period of manatory jail time apply only if you are convicted of DUI. If the case is reduced to reckless driving then no jail time is required.

      Also, even if manatory jail time is required by statute for a second or third DUI, at the court’s discretion, the court may allow that jail time to be served in a residential alcoholism or drug abuse treatment program, with credit day for day awarded toward the term of imprisonment.

    • First Conviction: Not more than 6 months. With BAL of .15 or higher or minor in the vehicle: Not more than 9 months.
    • Second Conviction: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
    • Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
    • Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.
    • tim
      Posted January 7, 2014 at 16:12 | Permalink | Reply

      my brother had 3 before 24 yrs old and got his fourth at 52 yrs old ….he had a tail light out and was pulled over…the officer smelled the alcohol even tho he was barely over limit, did 4 years in jail at st port lucey….he was a proffessional, good family etc….because of so much confinement time he talks to himself and hears voices because of a shit florida corrections system full of people who dont give a crap. lost his wife and 2 children by time he got out and has cost his family thousands because he cant work w out a hardship license….THE LAW IS 5 YEARS from time he gets out he can apply for hardship license…………

  24. Ann Marie Berletich
    Posted April 15, 2014 at 06:49 | Permalink | Reply

    To whom this concerns,
    I have not had a drivers licence ,for eleven years. My 4 DUI’s took care of that. I have been sober, and have never driven since. To scared of going back to jail. My friend told me, ” buy a $400.00 dollar and put my old tag it.. I thought she was out of her mind. I was already in big trouble . Why do something more idiotic. I sent the tag back in. I need to help my best friend and landlord Now! He has Lung cancer and I’m so hurting for him. Please tell me what I can do to help him, after he either gets better or the worse happens. I will send the license back.. Please help me and tell me what I need to do.. Please All My THANKS

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