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 attorney at Smith & Eulo. We will be able to review the facts of your situation and help you determine if you are eligible for a hardship license.