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Quick answer
A hardship license is a driver license restricted to business or employment purposes during a suspension or revocation. After a Florida DUI it is decided by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), not by the criminal court. Eligibility depends on the type of suspension, the waiting period that goes with it, and the person’s driving record, and it requires enrollment in or completion of a licensed DUI program course.
Key takeaways
- Florida law has two kinds of restricted license: business purposes only and employment purposes only.
- A first-time driver with an administrative suspension may be able to get a business-purposes license without a waiting period by giving up the review of the suspension.
- Longer waits apply after a review is lost and after a conviction.
- DUI school means a substance abuse course at a DUI program licensed by FLHSMV.
- Driving for any purpose outside the restriction is not permitted.
What a restricted license allows
Section 322.271, Florida Statutes, defines the two kinds:
- Business purposes only: any driving necessary to maintain a livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.
- Employment purposes only: driving to and from work and any necessary on-the-job driving required by an employer or occupation.
The statute says driving for any other purpose is not permitted. See the glossary entry for hardship license.
Who decides, and what they look at
The driver asks FLHSMV for a hearing. At the hearing the person may show that the suspension causes a serious hardship and prevents them from carrying out their normal business, trade, or employment, and that the license is necessary for the support of the person or their family. FLHSMV may also ask for letters of recommendation.
The DUI program requirement
- For a license suspended administratively under section 322.2615, FLHSMV requires proof of enrollment in a licensed DUI program substance abuse education course, including evaluation and treatment if the program refers the person.
- For other cases the statute requires proof of successful completion of the course and evaluation.
- A person who does not complete the course within 90 days after reinstatement, or who later fails to complete treatment, has the license canceled until the course and treatment are completed.
Section 316.193 also makes the course part of every DUI sentence. The court must require completion of a substance abuse course run by a DUI program licensed by FLHSMV, including a psychosocial evaluation, and the person pays the cost. FLHSMV publishes the list of licensed programs.
Waiting periods
| Situation | When a restricted license can be sought |
|---|---|
| First administrative suspension, no prior DUI conviction, and no earlier suspension under section 322.2615 | Without a waiting period, for business purposes, for the length of the suspension. Accepting it gives up the formal and informal review. |
| Administrative suspension for an alcohol level of 0.08 or higher, sustained after review | 30 days after the last temporary permit expired |
| Administrative suspension for a refusal, sustained after review | 90 days after the last temporary permit expired |
| Court revocation of 5 years or less after a conviction | 12 months after the revocation was imposed |
| Court revocation of more than 5 years | 24 months after the revocation was imposed |
| Permanent revocation after four or more DUI convictions | 5 years after the last conviction or the end of any incarceration, whichever is later, and only if the conditions in the statute are met |
For the 12-month and 24-month petitions, the statute requires that the person has not driven and has been drug free for at least 12 months before reinstatement, and that they be supervised by a licensed DUI program for the rest of the revocation period. The first three rows come from the 10-day rule and section 322.2615.
Ignition interlock devices
A restricted or reinstated license after a DUI conviction can carry an ignition interlock requirement under section 322.2715. The periods are listed in Florida DUI license suspension.
Important exceptions
- Some people are not eligible for any restricted privilege. The statute refers to people revoked as habitual traffic offenders, who have a separate 12-month rule, and to other exclusions.
- FLHSMV may not waive the hearing for suspensions or revocations that involve death or serious bodily injury, multiple DUI convictions, or a second or later suspension under the same provision.
- A commercial driver license is governed by separate rules.
Common questions
Does the judge in the DUI case grant a hardship license?
No. Section 322.271 gives that decision to FLHSMV.
Can I drive to the grocery store on a business-purposes license?
The statute lists the purposes that are allowed. Driving for any purpose that is not listed is not permitted.
Where is DUI school in Pinellas County?
FLHSMV licenses the programs and publishes the list by county. The State Attorney’s D.R.O.P. page also names the provider it accepts for Pinellas County cases.
When to speak with an attorney
Eligibility turns on the whole driving record, and accepting a restricted license can mean giving up the review of a suspension. A licensed Florida attorney can explain the trade-off. More guides are on the DUI and Traffic Crimes topic page.
Official resources and sources
- Section 322.271, Florida Statutes — authority to modify a revocation or suspension; restricted licenses
- Section 322.2615, Florida Statutes — administrative suspension; eligibility for a business or employment license
- Section 316.193, Florida Statutes — DUI program course as part of a sentence
- Section 322.2715, Florida Statutes — ignition interlock device
- Licensed DUI Programs in Florida — Florida Department of Highway Safety and Motor Vehicles
- DUI Rehabilitation of Offenders Program (D.R.O.P.) — Office of the State Attorney, Sixth Judicial Circuit
