Hardship License in Florida
Getting a Hardship License – Refusal to take a breath, blood, or urine test.
When facing a driving under the influence charge, most people will take a Breathalyzer, blood, or urine test because they fear losing their license for a year. The thought of not being able to drive to work, appointments, and other obligations is unfathomable to the average person. As a result, a person will take a breath, blood, or urine test, giving a prosecutor more evidence against them, get a DUI, and have their license suspended anyway.
What most people do not know is that it may be possible to avoid losing your driving privileges despite refusing to take a breath, blood, or urine test. In Florida, if it is a person’s first refusal to blow, a person is immediately eligible for a business or work purposes permit (“Hardship license”). Within ten (10) days of the DUI stop, a person can waive his or her right to challenge a license suspension. The result is, a persons license will, in fact, be suspended. However, the person will then be given a hardship license, upon approval by a hearing officer. The person will not have any “hard suspension” period.
Rather than waive the right to challenge the suspension, a person can also choose to challenge the suspension. If someone chooses this option, the person is given a temporary permit for forty-two (42) days until the person has a formal review hearing. If a person prevails at the hearing, they retain their regular license. If a person lose they will have a ninety (90) day hard suspension before they are eligible for a hardship license. If a person fails to waive a challenge to the license suspension or fails to actually challenge the license suspension, then they will face at least a six (6) month hard suspension before they are eligible for a hardship license. This can obviously have a serious affect on a person’s livelihood
If you have been arrested for a dui and have questions regarding your driving privileges, you should contact an Orlando Dui Lawyer. We will be able to review the facts of your situation and help you determine if you are eligible for a hardship license.