If you’ve been arrested for DUI, one of the most immediate and serious consequences involves your ability to drive. In this article, we explain…
- What typically happens to your driver’s license after a DUI arrest.
- The role and limits of a hardship license, and who qualifies for one.
- How a DUI defense attorney can help protect your license and driving privileges after an arrest.
What Typically Happens To A Driver’s License Immediately After A DUI Arrest In Florida?
In most cases, there’s about a 95% chance that your license will be suspended after a DUI arrest. If you provide a breath test and your result is above 0.08 in Florida, your license will be suspended for six months if it’s your first offense, or one year if you’ve previously provided a breath test above the legal limit.
On the other hand, if you refuse to take a breath test, your license will be suspended for one year for a first refusal, or 18 months if you’ve refused before.
What Factors Influence The Length Of A Driver’s License Suspension After A DUI?
The length of the suspension depends on a few key factors, including whether:
- This is your first or subsequent offense
- You provided a breath test or refused one
For example, if your first breath test is over the legal limit, you’ll have a six-month suspension. If it’s your second breath test over the legal limit, you’ll have a one-year suspension. Refusals are similar. The penalty for a first-time refusal is a 12-month suspension, and any subsequent refusals are 18 months.
There are also different conditions that apply when it comes to obtaining a hardship license. In some situations, you may qualify, and in others, you may not.
What Is A Hardship License, And Who May Qualify For One?
If this is your first DUI arrest, you are generally eligible for a hardship license. That allows you to drive for limited purposes, such as work or school.
There are certain qualifications you have to meet. For example, you don’t necessarily have to complete DUI school beforehand, but you do need to be enrolled in DUI school to obtain a hardship license. This applies whether you provided a breath test above the legal limit or refused the test.
When it comes to second or subsequent DUI arrests, you may still be able to obtain a hardship license, but eligibility can depend on additional factors and timing. It’s not always immediate and may require further steps.
What Are The Consequences Of Driving With A Suspended License In Florida?
The consequences depend on why your license is suspended. If you are caught driving while your license is suspended due to a DUI, the prosecutor or judge will typically seek a jail sentence. However, if your license is suspended for other reasons, such as unpaid traffic tickets, there may be ways to resolve the issue and reduce the penalties. In those cases, it may be possible to reinstate your license and resolve the matter with reduced consequences, sometimes as minimal as paying court costs.
How Can A Criminal Defense Attorney Help Protect Or Restore My Driving Privileges After A DUI Arrest?
One of the most important things an attorney provides is accurate information. An attorney who regularly handles DUI cases and works with the DMV will be able to explain:
- What type of suspension you’re facing
- How long the suspension will last
- What steps you need to take to address it
There’s rarely just one option. After a DUI arrest, you may be able to apply for a hardship license or request a formal review hearing. Each option comes with its own advantages and disadvantages.
What matters most is choosing the option that fits your specific situation. Someone who drives every day for work may choose a different path than someone who works from home or doesn’t rely on driving as much.
Still Have Questions? Ready To Get Started?
For more information on DUI and license suspension in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 338-7878 today.
William DiRenzo of DiRenzo Defense has extensive experience helping clients navigate DUI and license suspension in Florida. He regularly works with both the courts and the DMV, giving him a clear understanding of how suspensions are applied and, more importantly, how they can be challenged or managed. From securing hardship licenses to advising on the best legal options, he has helped many drivers regain control of their situation.
If your license has been suspended after a DUI, contact William DiRenzo today to explore your options and get back on the road legally.
