Florida DUI and Hardship License
DUI is an offense under Florida law. The offense is proved by impairment of “normal faculties” or unlawful blood alcohol or breath alcohol level of .08 or above. The following information applies to those with their first conviction.
Fines: If this is your first conviction, your fine will be between $500-$2,000. If your blood alcohol level is .15 or higher, or you have a minor in the vehicle, the fine will be between $2,000-$4,000.
Community Service: If this is your first conviction, you will need to serve a mandatory 50 hrs of community service or an additional fine of $10 for each hour of required community service.
Probation: For first convictions, the total period of probation and incarceration will not be greater than 1 year.
Imprisonment: Imprisonment is at the court’s discretion. Sentencing terms may be served at a residential alcoholism or drug abuse treatment program, credited toward the term of imprisonment. For the first conviction, you will receive not more than 6 months. If your blood alcohol level is .15 or higher or there was a minor in the vehicle, you will receive not more than 9 months.
There are DUI/DWI attorneys that specialize in serious traffic offense cases such as drunk driving. There may be several reasons you want to hire an attorney. First, you may want to hire an attorney if you feel you were wrongfully charged, or if the charges go beyond a DUI as a result of any accident or reckless endangerment.
Besides consultation on your options, another reason you may want to hire a lawyer is because you have only 10 days from the date of arrest to apply for a hardship license and work permit. This is important if you can avoid adversely affecting your job/income as a result of having a suspended license and also having to take time away from work. At this court hearing you can contest the license suspension.
What Is a Florida Hardship License?
In any state in the nation, you can get your driver license suspended for driving poorly. Whether from accumulating too many tickets or points, or just getting caught driving dangerously, your license can get suspended for any length of time. But if you live in Florida, you are at an advantage. Rather than relying on friends, or taking the bus, you can take an Advanced Driver Improvement course and get back on the road. What’s more, in Florida you’re also able to apply for a “Florida Hardship License,” and possibly start driving right away.
There are two different kinds of hardship licenses: There’s a license for “business purposes,” that lets you drive to and from work, as well as any driving that’s necessary in the performance of your job, or for educational or medical purposes (going to school or doctor’s appointments, for example). The other kind of hardship license is for “employment purposes,” which limits you to strictly work-related driving.
What Are the Suspensions Eligible for Hardship License?
It’s important to know that not all driver license suspensions are eligible for a hardship license. Points-related suspensions are usually okay, but a suspension resulting from a DUI is not.
How Can I Enroll in a Florida ADI Course?
You may only take the Florida ADI course with a provider that has been approved by the state of Florida. There are two kinds of classes you are allowed to take: In-Class, or Online. In-Class courses take place over the course of 12 hours, in a classroom. The Florida ADI course online can be taken at home, at work, or anywhere you can get an Internet connection. The biggest benefit of the online version is that you can choose your own pace, doing the lessons one by one, or all at once.
How Can I Get My Florida Hardship License?
If you’re wondering how to get your hardship license in Florida, there are certain steps you have to take:
- First you must sign up for the 12-hour Florida ADI course. Once you complete the course, you’ll receive an enrollment certificate.
- Next, you must contact your county clerk to get a copy of your 30-day driving record.
- Bring both of these items to the DHSMV.
- The hearing officer that is assigned to your case will determine if you’re eligible for the Florida hardship license.
What Are the Benefits of the ADI Course and the Hardship License?
Obviously, taking the ADI course and getting your hardship license gets you back on the road as quickly as possible. Most Floridians have come to rely on their cars in their everyday lives-from going to work, to grocery shopping, to all kinds of errands and appointments. That’s a lot of money and time and headaches you don’t have to spend on taxis, rideshares, and walking.
But taking the Florida ADI course online, or any sort of driver improvement course, has other benefits as well. Simply: It makes you a better driver. If you have a suspended license in the first place, chances are you are in need of a class that teaches you how to drive better. And if you pay attention in class, you’ll emerge much less likely to have your license suspended the second time around. Source
Consult Your DUI Attorney In Florida
Protecting your right to drive
Unless your request a DMV hearing within 10 days of arrest, you will lose your driver’s license. Even if your license is revoked, we can apply for a hardship license, which is usually immediately granted to you. We have never had a hardship license denied to one of our clients.
It is not illegal to drink and drive in Florida, so long as your blood alcohol content (BAC) is not over .08 or your normal faculties are not impaired. At the law firm of Andrew D. Stine, P.A., in West Palm Beach, we advise our clients to neither blow into a breathalyzer machine nor do a roadside test. Why give evidence to the state if you don’t have to?
If you have submitted to a breathalyzer test and failed, that is not the end of your case. The Intoxilzer 5,000 and Intoxilzer 8,000 breathalyzer machines used to measure BAC in Florida have significant problems. If you have an expert witness and an experienced attorney who can challenge the accuracy of the machine in court, the BAC evidence may be thrown out. DUI/DWI Lawyer Andrew Stine has obtained not-guilty verdicts due to machine failure for clients who have had blood alcohol levels of .229 and .227.
The most important thing in DUI/DWI cases is early intervention by your attorney. This preliminary involvement will help you avoid the consequences of a conviction, which are very serious in Florida. We will also represent you at your hearing before the Florida Department of Motor Vehicles in order to protect your right to drive.
In addition to DUI/DWI charges, we represent clients in DUI accident cases, including
- Leaving the scene of accident with severe bodily injury
- DUI/DWI severe bodily injury
- DUI/DWI homicide
- DUI/DWI manslaughter
There are defenses in DUI accident cases, which an experienced and capable lawyer can use. Even if you made a statement to police during your arrest, our lawyers can usually get that evidence thrown out of court. Any statement you give officers cannot be used against you due to the Florida accident report privilege.
Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561)