Hardship License After a DUI in Florida

After a DUI arrest in Florida, your driver’s license will be suspended almost immediately. But for many people, driving is essential for work, school, or caring for family. The good news: you may be eligible for a hardship license, which allows limited driving privileges during your suspension period.

At Roussos Law Group, we help clients navigate the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) process to secure hardship licenses after DUI arrests or refusals. Our team understands how to protect your right to drive — and your future.

Understanding Hardship Licenses in Florida

A hardship license is a restricted driver’s license that allows limited driving — typically for employment, school, medical appointments, or family obligations — while your regular license is suspended for DUI-related reasons.

Under Florida Statutes §322.2615 and §322.271, you have just 10 days from your arrest to request a formal review hearing to preserve your eligibility. Missing this deadline means your suspension will automatically take effect.

There are two main types of hardship licenses:

  • Business Purposes Only (BPO): Allows driving for work, school, church, or necessary errands.
  • Employment Purposes Only (EPO): Restricts driving solely for employment-related activities.

 

Eligibility depends on your prior record, whether you refused testing, and if you’ve completed required steps like enrolling in DUI School.

Florida Penalties and License Suspension Periods

When arrested for DUI, two separate actions occur:

  • Criminal case in court for DUI charges under §316.193.
  • Administrative suspension by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) for breath test results or refusal.

 

Typical suspension periods:

  • First DUI: 6–12 months
  • First Refusal: 1 year
  • Second Refusal: 18 months and criminal misdemeanor charge
  • Second DUI (within 5 years): 5 years

 

Eligibility for a hardship license is affected by the type of suspension and your prior record. For example, drivers suspended for refusing a breath test may not qualify immediately and must complete certain steps first.

This summary is provided for educational purposes and may not reflect the latest statutory updates. Always consult an attorney for advice about your specific case.

How Roussos Law Group Can Help

At Roussos Law Group, we guide clients through every step of the hardship license process — from filing the proper paperwork to representing you in your DHSMV hearing.

Our team can assist with:

  • Filing your request for a formal or informal review within 10 days of arrest
  • Determining eligibility under §322.271 and §322.2615
  • Enrollment verification in DUI School (required for approval)
  • Preparing testimony for the administrative hearing
  • Challenging improper license suspensions or procedural violations

 

With our experience on both sides of the courtroom, we understand how hearing officers evaluate evidence and how to present a strong, compliant case for driving privilege restoration.

Steps to Take to Apply for a Hardship License

To improve your chances of approval, act quickly after your DUI arrest:

  • Contact a DUI defense attorney immediately.
  • Request a DHSMV hearing within 10 days to prevent automatic suspension.
  • Enroll in DUI School through a state-approved provider.
  • Gather proof of employment, enrollment, or medical need to show driving necessity.
  • Bring required documentation (identification, citation, arrest report) to your hearing.
  • Avoid driving illegally before approval — doing so can permanently disqualify you.

Frequently Asked Questions

What is the difference between a BPO and EPO hardship license?

A BPO license allows essential driving (work, school, church, household needs). An EPO license restricts driving to employment-related purposes only.

How long do I have to request a hardship license?

You have 10 days from your arrest to request a DHSMV hearing. If you miss this deadline, your suspension automatically begins.

Do I need to complete DUI School before applying?

Yes. Proof of enrollment in DUI School is required before a hardship license can be granted.

Can I get a hardship license after refusing a breath test?

You may qualify, but typically only after a 90-day “hard suspension” period for a first refusal. Second refusals are not eligible.

Will a hardship license remove my DUI charge?

No. It only allows limited driving privileges during your suspension. Your DUI criminal case proceeds separately in court.

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Frequently Asked Questions

What is the difference between a BPO and EPO hardship license?

A BPO license allows essential driving (work, school, church, household needs). An EPO license restricts driving to employment-related purposes only.

How long do I have to request a hardship license?

You have 10 days from your arrest to request a DHSMV hearing. If you miss this deadline, your suspension automatically begins.

Do I need to complete DUI School before applying?

Yes. Proof of enrollment in DUI School is required before a hardship license can be granted.

Can I get a hardship license after refusing a breath test?

You may qualify, but typically only after a 90-day “hard suspension” period for a first refusal. Second refusals are not eligible.

Will a hardship license remove my DUI charge?

No. It only allows limited driving privileges during your suspension. Your DUI criminal case proceeds separately in court.