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DUI

Hardship Drivers License

Hardship DUI Driver’s License in Orlando, Florida

When you are charged with a DUI in Florida, your license will be suspended for a certain amount of time. However, you can get a hardship license with the help of an attorney like Joe Knape.

Joe Knape is an experienced criminal defense attorney located in downtown Orlando. He has helped countless people reclaim their suspended driver’s license and obtain a hardship license allowing them to get back to work.

Do something about getting your driving privileges back! Give our license suspension attorney a call at 407-508-7774 now!

Hardship License Facts in Orlando

If you carry a Florida Driver’s License, and are pulled over with suspicion of driving while under the influence, you are subject to implied consent laws. Once the police officer believes there to be probable cause to arrest you for a DUI he will administer a Florida Department of Law Enforcement (FDLE) approved breath test.

This breath test is typically done at the police station or county jail, however he may have a portable breathalyzer. The breathalyzer results determine whether the DHSMV will administratively suspend your driving privileges.

Hardship License Facts in Orlando

If you carry a Florida Driver’s License, and are pulled over with suspicion of driving while under the influence, you are subject to implied consent laws. Once the police officer believes there to be probable cause to arrest you for a DUI he will administer a Florida Department of Law Enforcement (FDLE) approved breath test.

This breath test is typically done at the police station or county jail, however he may have a portable breathalyzer. The breathalyzer results determine whether the DHSMV will administratively suspend your driving privileges.

There are likely at least three (3) possible outcomes on the night of the arrest.

  1. You blow zero (.00) or under .08. there will be no administrative suspension unless the arresting officer believes the impaired driving to be caused by drugs and then implied consent for a urine screen is read and applied.
  2. You blow above .08. This will cause the DHSMV to administratively suspend the driver’s license for 6 months for a first offense.This suspension can be challenged within 10 days of the test by making a formal request to the DHSMV for a review of the arrest and test. If the request is made then the driver will be provided a temporary hardship license pending the administrative review.This temporary hardship license is restricted to business purposes only and is typically valid for 30-42 days.You should also know, if you choose to blow and blow over the .15 threshold you will be subjected to greater Court imposed penalties including having a breathalyzer installed in the car when you get your driver’s license reinstated.
  3. The third outcome is to refuse the breathalyzer. If you don’t blow or provide a valid sample the DHSMV considers this a refusal. A special provision of implied consent is read at the breath test center providing that if you refuse to blow, your driver’s license will be suspended for one (1) year.The same request for administrative review of the suspension can be made to obtain a hardship license for the first month to month and a half, but if the suspension is upheld following the hearing then the one year suspension goes into effect. The same request for administrative review of the suspension can be made to obtain a hardship license for the first month to month and a half, but if the suspension is upheld following the hearing then the one year suspension goes into effect.

Second Refusal & How that Effects Your Hardship License

You should also know that a second refusal could result in a separate misdemeanor charge and maximum punishment of up to 1 year in jail. So if you have refused the breath test prior you need to be aware of this consequence for a second refusal and that you will likely not receive a hardship license.

How to Get a Hardship License in Florida with an Attorney

The suspension is not entirely a “hard” suspension as you can apply for a hardship license after 30 days with a blow over .08 and after 90 days for a refusal, and documentation of enrollment in DUI school.

For first offenders it is typically a straightforward hardship license hearing explaining that you have served a period of suspension, have not driven, and have taken the steps necessary to get your license reinstated. There is a cost but having a hardship license in Florida is better than not having any driver’s license.

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