DHSMV’s New Procedures for Expedited Review of Hardship Driving Privileges

After a DUI arrest, if you demand a formal review hearing and the administrative suspension is not invalidated, you will qualify for a hardship license until after the hard suspension. The hard suspension period is:

• 30-day for a first DUI with a BAC over .08;
• a 90-day hard suspension for a DUI with a first refusal to submit to a breath, blood, or urine test.

Additionally, if you are convicted of DUI in court, then the court must revoke the driving privileges for a least 6 months (sometimes called the court-ordered revocation).

A longer court-ordered revocation is required for:

• a second DUI within five years of a prior conviction;
• a third DUI within 10 years of a prior conviction; or
• a fourth DUI within a lifetime.

We recently made a public record request for any memorandum or other correspondence at the Florida Department of Highway Safety and Motor Vehicle (DHSMV) concerning the new procedures for an expedited review for early reinstatement of hardship driving privileges.

In response to the public record request, we obtained a memorandum dated January 28, 2022, from Tom Moffett, Chief Counsel, sent to “All Bureau of Administrative Reviews Members” concerning Expedited Review for Early Reinstatement Procedures. The memorandum provides:

The following procedures for conducting Expedited Reviews for early reinstatement will become effective upon receipt:

ELIGIBILITY:

Eligibility must be verified first. This process applies to the first suspension/revocation only for one of the sanctions listed below. If a customer has been approved for hardship license (excluding a review waiver), any second or subsequent hardship license application for any sanction will be a hearing. *Note: BAR may require a hearing for any sanction if it is determined to be warranted based on the severity of the offense or the record.

• Administrative suspension under §322.2615 – DUBAL or Refusal (1st sanction)
• Driving under the Influence (DUI) (1st sanction)
• Points (1st sanction)
• Violation of Chapter 893 (1st sanction)
• Administrative suspension under §322.2616 (under 21) DUBAL or Refusal (1st sanction)
• Fail to Pay Required Toll (1st sanction)
• Load dropping/shifting/escaping (1st sanction)
• Passing stopped school bus (1st sanction)
• Theft (1st sanction)
• Worthless check (1st sanction)

BASIC PROCEDURES:

The following procedures must be followed:

• The customer must complete the Application for Restricted License (form 78306), including a statement of hardship.
• A $12 filing fee is required before the hearing is conducted. A check or money order must be included with the application or submitted to the BAR office. If payment is not
  submitted, the application is not considered complete.
• If, based on the customer’s record, the BAR office determines the customer is not eligible for the Expedited Review, the customer will be placed in line for a hearing.
• The Hearing Officer will verify eligibility, check the Comprehensive Case Information System (CCIS) for continued driving, and verify appropriate school requirements are
  met.
  • If school is not on record, the customer must submit proof of enrollment or completion (as applicable).
• Based on the customer’s record and submitted documents, the Hearing Officer will determine if the customer is approved for early reinstatement.
• If approved, complete the Order Authorizing Early Reinstatement, and advise the customer of all reinstatement requirements and fees.
  • Include any applicable information and/or materials with the Order including SR22 or FR44 requirements, list of IID vendors, Sanction Report listing unpaid
    citations/court fees/child support, and reinstatement fees.
  • Complete information in the scheduling database, then code MM for reinstatement and the BPO restriction.
• If the customer is denied, complete the information in the database, code MM for a denial, and mail the denial order.

Please speak with your supervisor if you have any questions regarding this process.

DHSMV EARLY REINSTATEMENT AUTHORIZATION

We were also provided with an example of the letter for authorization of early reinstatement of driving privileges on a restricted basis for hardship purposes:

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

BUREAU OF ADMINISTRATIVE REVIEWS

EARLY REINSTATEMENT AUTHORIZATION

February 18, 2022

Name

DL#

Street

City, State, Zip

The Hearing Officer has authorized reinstatement of your driving privilege on a restricted basis pursuant to Section 322.271, F.S. THIS LETTER IS NOT A PERMIT TO DRIVE. You must present the following at a Tax Collector or Florida driver license examining office to reinstate your driving privilege 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 through date. This restriction allows a driving privilege limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes. Please contact {BAR Office email address} with any questions.

H/O Name, Hearing Officer

Bureau of Administrative Reviews

Enclosures:

Additional Resources

How to Get a Hardship License in Florida – Read more about how to get a hardship license after a DUI arrest or conviction. The DHSMV updated its procedures and revised the form HSMV 78306 (Rev. 3/2024), which is entitled “Application for Administrative Hearing.” Under the new procedures, you must submit the “Application for Administrative Hearing” with a $12.00 filing fee via check or money order made payable to the “Division of Motorist Services.” The newly revised  HSMV 78306 form references Section 322.271, Florida Statutes, for an expedited review or a hearing request.

This article was last updated on Tuesday, April 12, 2024.