by Jackson Hilliard
Starting July 1, 2013, some amendments to the Florida Statutes affect
Driver License Suspensions for DUI. One important amendment applies to everyone who has been arrested for
driving under the influence (DUI) in Florida. Generally speaking, the
Florida Department of Highway Safety and Motor Vehicles (FLHSMV) will
suspend a driver's license if he has been arrested for a DUI and he
refused to submit to a breath test or urine test. The FLHSMV will also
suspend a driver's license if the results of his breath test are over
a 0.08. When a driver receives a notice of suspension for DUI refusal,
or breath test result over a 0.08, the driver will also receive a 10 day
temporary permit. The permit expires after midnight following the tenth
(10th) day after the "date of issuance of the notice of suspension."
Hard Driver License Suspensions for DUI
Once the 10 day temporary permit expires, the driver cannot drive under
any circumstances. Previously, before July 1, 2013, the only way a driver
could have avoided losing his ability to drive would have been to challenge
the legality of his suspension through a process called an
"administrative review" at the Bureau of Administrative Reviews (B.A.R.), a sub-department
of the FLHSMV. If the driver did not challenge the legality of his suspension,
he would have had to wait at least 30 days or more before he could have
applied for a hardship license. This is known as the "hard 30"
because during this period, a driver cannot drive for any reason.
Drivers With License Suspensions for DUI May Now Get Hardship Licenses
There have been some positive changes since July 1, 2013. Now, a driver
may apply for a hardship license immediately after his arrest for a DUI.
If he qualifies, he will not have to go without a license while he fights
his DUI in court. In Pinellas, and Hillsborough Counties, the B.A.R. requires
the driver to appear in person within 10 days of the date of his DUI arrest,
regardless of when he actually gets a copy of his ticket, or his notice
of suspension. The B.A.R. won't accept any applications that are not
submitted personally by the driver himself. The driver must have proof
that he has registered for DUI school and must comply with the Real ID
Act. Under the Real ID Act, the driver may have to provide a birth certificate
/ social security card/ passport along with two forms of proof of residency,
such as electric bills or bank statements.
The B.A.R. requires a driver to:
- appear in person
- within 10 days
- of the date of his DUI arrest
- have proof that he has registered for DUI school
- comply with the Real ID Act
Do Not Wait More Than Ten Days
The Pinellas and Hillsborough B.A.R. maintains that its computer system
won't allow it to issue a hardship license after midnight after the
tenth day of the arrest. If you do not submit an application for a hardship
license within 10 days of your arrest, the B.A.R. will not accept your
application. You will have to either challenge the legality of your suspension
or wait another 30 to 90 days to re-apply for a hardship license. The
Pinellas B.A.R. says that it cannot accept applications after ten (10)
days due to software issues. Regardless, the Pinellas and Hillsborough
County B.A.R. position now is that no matter what, a driver may not apply
for an eligibility review more than ten days after his arrest.
Have a Driver License Suspension For DUI? Call Today
If you have been arrested for a DUI and your license is suspended, you
should consult with an attorney about your options. Jackson Hilliard is
an experienced DUI defense attorney in Tampa and Clearwater Florida.
Call now to schedule an appointment or
contact Mr. Hilliard online.