Driving for Hardship Purposes after a DUI Conviction

After a DUI arrest, you might face two consequences to your driver’s license. The first is the on-the-spot administrative suspension, typically explained in a notice printed on your DUI citation. The second is the revocation of your driver’s license, which the court orders at the time of a DUI conviction for at least six (6) months (hereinafter “court-ordered revocation”).

This article discusses only the court-ordered revocation, how to get a hardship during the revocation, and how to reinstate your driving privileges after the revocation ends. Of course, the best way to avoid the court-ordered revocation is to avoid the DUI conviction entirely. For example, if your DUI is reduced to reckless driving, the Court is not required to suspend or revoke the driver’s license.

But if you enter a plea to DUI, the court must impose a court-ordered revocation. After the DUI plea and court-ordered revocation, you might be eligible for a restricted license (sometimes called the “hardship license”).

How do you apply for a hardship after a first DUI conviction when the court imposes a court-ordered revocation of your driving privileges?

1. Complete this form https://www.flhsmv.gov/pdf/forms/78306.pdf to apply for a hardship license hearing at the Florida Bureau of Administrative Reviews (BAR) office nearest your residence.
   • For most BAR offices, the fastest way is to hand deliver the paperwork and pay for everything in the BAR office.
   • The second fastest way is to mail everything with a check or money order.
   • The slowest way is to email the documents because the BAR must contact the drivers for payment (and some BAR offices are no longer providing that service). The new Form 78306 was created so the BAR won’t have to call anyone. Instead, the BAR completes the paperwork and emails the approval.
2. DHSMV will not act on your application for a restricted license (hardship) until the court-ordered revocation appears on the driving record.
   • You can check the DHSMV’s online DL check https://services.flhsmv.gov/DLCheck/ for free to determine when the updated driving record shows the revocation. After that, the department will process the application for a restricted license (hardship) (HSMV 78306), which must include proof of completion of DUI school, a check, or money order for $12 made payable to the “Division of Motorist Service.”
   • You must complete the application perfectly because if there is even one mistake, the DHSMV might close the request and force you to reapply.
3. If the application is completed correctly, the department will cash the check and review the application.
   • If you are eligible for an expedited review, the hearing officer might complete the paperwork and email instructions and approval.
   • In some cases, the hearing officer might call you from a restricted number for additional information. If you miss the first call, they will call two more times. If you miss all three calls, the department will close the request, and you must reapply.
   • The department will process the requests in the order they are received, so there is no good way to know when you might be called.
4. If you are approved for a hardship, the department will send written confirmation via email or mail called the “Early Reinstatement Authorization.”
   • That document explains that the hearing officer has authorized the reinstatement of your driving privileges on a restricted basis pursuant to Section 322.271.
   • The notice is not a permit to drive. Instead, you must go to the Tax Collector or Florida driver license examining office to reinstate your driving privileges and have a license issued.
   • Upon successful completion of any required examinations and payment of applicable fees your driving privilege will be reinstated with the Business Purposes Only restriction valid for the term required by the court.
   • You do not need written confirmation to get the plastic hardship license at the DHSMV.
   • Your written confirmation might first show up in the sanction report posted on mydmvportal.flhsmv.gov so check there each day.
   • The reinstatement fee from the administrative suspension is $175.00.

Obtaining a 30-Day Temporary Paper Hardship Permit

Since it might take up to 30 days to get approved for the hardship, how do you drive during those 30 days? For a first DUI only, you can go to the BAR immediately after the DUI plea to obtain a 30-day temporary paper hardship permit, as explained in Florida Statute Section 322.282.

When you appear at the BAR office, you must present the following documents:

• the “order of reinstatement” signed by the judge for a first DUI;
• proof of completion of a department-approved driver training or substance abuse education course; and
• a written request for a hardship hearing under s. 322.271.

What is the “order of reinstatement”? Florida Statute Section 322.282(2)(a) requires the order of reinstatement to be issued on a “form to be furnished by the department.” So, where is the form?

DHSMV hasn’t yet created the form. I recently confirmed this fact with one of the Bureau of Administrative Reviews’ field administrators. That same field administrator told me that an attorney could draft their own form by tracking the statutory language. I also confirmed that the sample “order of reinstatement” below is sufficient.

We expect this process to continue changing over time. If you have any suggestions for obtaining the hardship or paper permit that are not included here, please email me at Lsammis@sammislawfirm.com and cc Jennifer@sammislawfirm.com so we can update this article.

Sample “Order of Reinstatement” Form

We confirmed with the department that the verbiage in the sample “order of reinstatement” listed below is sufficient for now. We expect the department will eventually issue a standard form for the “order of reinstatement” as required by statute.

IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CRIMINAL DIVISION

STATE OF FLORIDA,                                CITATION NO.: ________

v. ______________________,                  CASE NO.: ____________________

Defendant. _____________________/         DIVISION: _____________

ORDER ON REINSTATEMENT

On ______day of ________, 2022, this Court adjudicated the below-named Defendant guilty of DUI and has granted this order of reinstatement pursuant to Florida Statute Section 322.282(2)(a).

Defendant may use this order of reinstatement, along with the other required documents, to obtain a temporary driver permit from the Department of Highway Safety and Motor Vehicles (hereinafter “the department”), if otherwise eligible. The Court approves the DHSMV issuing a hardship license if the Defendant is otherwise eligible.

According to Florida Statute Section 322.282(2)(a), the department shall issue a temporary driving permit (often called the 45-day permit) to a licensee who presents the court’s order of reinstatement, proof of completion of a department-approved driver training or substance abuse education course, and a written request for a hearing under s. 322.271, if otherwise eligible.

__________________________________

Judge’s Signature

_____________________________

Driver’s Name

______________________________

Driver’s Date of Birth

_______________________________

Driver’s License Number

_______________________________

Court Case Number

_______________________________

County

What Happens to the Florida Driver’s License for an Out-of-State Conviction

The process is the same if you are convicted out of state for a DUI-type offense. The other state will report the DUI-type conviction to Florida’s DHSMV. When Florida receives notice of the out-of-state DUI conviction, it will send you a written notice that your Florida driver’s license will be revoked for at least six (6) months (in the same way it would have been revoked if the DUI conviction had occurred in Florida).

The notice of suspension will tell you the effective date of the revocation. On that date, you can apply for the hardship hearing. Otherwise, the process is the same.

This article was last updated on Thursday, May 2, 2024.