Earning Your Hardship License - Aaron Delgado & Associates

DUI Resources: Steps to Earning Your Hardship License

by Aaron Delgado
06/22/20 (Updated: 11/22/22)

If you or a loved one are currently involved in a Driving Under the Influence (DUI) case, it is important that you follow the necessary legal protocol in order to work toward earning your "hardship license."

Review for Eligibility for a Restricted Driving Privilege

Florida Law § 322.2615 provides that, in certain circumstances, a driver who is facing an administrative suspension of his or her driving privileges may request a “Review for Eligibility for a Restricted Driving Privilege” which is generally called a “hardship license.”

Previously, if this was the first time you were accused of driving under the influence, you faced either a six (6) month suspension (if you submitted to a chemical test) or a twelve (12) month suspension (if you refused a chemical test) and if you did not “win” at a formal hearing contesting the suspension.

If your license was suspended, you were forced to go without driving for thirty (30) days if you submitted to the test or ninety (90) days if you refused. After that period, you could apply for a “hardship” permit.

NOW, you may choose not to challenge the suspension at a formal hearing and go immediately to having a “hardship” license. This option is only available if you have:

  1. No previous DUI suspensions (in any State), and
  2. No previous DUI convictions or license disqualifications under F.S. 322.64.

If you have an out of state license or prior alcohol related driving offenses, you must apply for a formal review. Additionally, if you have a prior DUI you must apply for the formal review.

The decision on whether or not waive a formal review must be made within ten (10) days of your arrest. If you do not challenge your suspension, there will be a permanent entry on your driving record and it will be used against you if you are ever accused of driving under the influence.

If you request a formal review and do not win, you will have a period of “dead” time in which you cannot drive.

Additionally, you can appeal to the Circuit Court any decision made at the Formal Review, although this process does not provide you a temporary driving permit. Still, it is an important “right” you would waive or give up if you do not seek a formal review.

Speaking with an experienced Florida DUI attorney can help explain this process in greater depth, and provide counsel on how you should best proceed with your case.

Required Actions After Receiving a DUI Charge

There are several required steps and responsibilities that you will need to accomplish on your own, whether you've taken counsel from an attorney or not, in order to work toward earning your "harship license."

  1. Because the DMV has closed many offices, you need to understand that you will be responsible for making sure you are available for the scheduling phone calls, etc., from the DMV.

  2. You must must file a “Request for Eligibility Review” form along with a nonrefundable twenty five dollar ($25.00) fee which the DMV will collect from you directly.

  3. You are required to pay a two hundred dollar ($200.00) reinstatement fee.

  4. You must also enroll in the Alcohol Safety Education Course by contacting the Sunshine Safety Council (386-253-6400) and bring proof of enrollment with you.

  5. You must be “Real ID” compliant or bring a certified copy of a birth certificate or passport; your social security card or last years’ tax returns and two (2) pieces of mail with your current address. (you can review the documentation required online at www.gathergoget.com).

  6. Recommended - It is highly recommend you also enroll in the Victim Awareness Panel ("VAP"). It will likely be required as part of most plea deals.

  7. Recommended - If you are inclined to do volunteer work, please talk with a DUI attorney about getting credit for community service.

DUI Hardship License Resources

Sunshine Safety Council (SSC)
661 Beville Rd Suite 206
South Daytona, FL 32119-1967
Phone: 386-253-6400 or 1-800-467-7327
EMail: info@sunshinesafety.org
Website: https://sunshinesafety.org/dui/

Florida Highway Safety and Motor Vehicles (FLHSMV)
Website: https://www.flhsmv.gov/

South Daytona Location
2400 S Ridgewood Ave. Suite 2
South Daytona, FL 32119
Phone: 386-238-3140

Orange City Location 1
2575 S. Volusia Ave. Suite #200
Orange City, FL 32763
Phone: 386-238-3140

Orange City Location 2
2744 Enterprise Road
Orange City, FL 32763
Phone: 386-254-4610

Daytona Beach Location 1
1845 Holsonback Drive
Daytona Beach FL 32117
Phone: 386-254-4610

Daytona Beach Location 2
927 Beville Road #12
Daytona Beach, FL 32119
Phone: 386-255-5111

DeLand Location
123 W. Indiana Ave.
Deland, FL 32720
Phone: 386-254-4610

Deltona Location
2772 Elkcam Blvd.
Deltona, FL 32738
Phone: 386-202-6300

New Smyrna Beach Location
111 Canal St.
New Smyrna Beach, FL 32168
Phone: 386-254-4610

Ormond Beach Location
175 S Nova Rd #5C
Ormond Beach, FL 32174
Phone: 386-202-6300

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