If you are convicted of DUI, the court must revoke your driver’s license for at least six (6) months. Most people are eligible for a restricted license (sometimes called the “hardship license”) after the DUI plea.
Unfortunately, the Department of Highway Safety and Motor Vehicles (DHSMV) is taking a long time to issue the hardship license.
Of course, the best way to avoid these requirements is to avoid a 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.
This article explains the best way to get the 45-day temporary paper hardship permit immediately after the DUI plea while you wait on the hearing for the hardship license.
To get the 45-day temporary paper hardship permit immediately after the plea, you need the Court to sign an “order of reinstatement.” A sample of this order is provided below.
If you present the “order of reinstatement” signed by the judge, 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 to the Bureau of Administrative Reviews (BAR) office, the department must immediately issue the 45-day temporary paper hardship permit as explained in Florida Statute Section 322.282.
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?
One of the field administrators for the Bureau of Administrative Reviews confirmed that the department has not yet created such a form. That same field administrator also confirmed that an attorney can draft their own form by tracking the statutory language. A sample “order of reinstatement” is provided at the end of this article.
Separate from the 45-day temporary paper hardship permit, you must also apply for hardship reinstatement. That process is also complicated. For example, the DHSMV will not act on your application for a restricted license (hardship) until the court-ordered revocation appears on the driving record. It might take several weeks for it to show up. You can check the DHSMV’s online DL check for free to determine when the driving record has been updated.
After that, the department will process your application for a restricted license (hardship) (HSMV 78306)(Rev. 1/2022), which must include a check or money order for $12 made payable to “Division of Motorist Service” and proof of completion of DUI school.
You must complete the application perfectly because if there is even one mistake, the DHSMV will close the request and make you reapply.
If the application is completed correctly, the department will cash the check and review the application. If you are not eligible for an expedited review, the hearing officer will call you for the hearing from a restricted number. 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 start over.
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. The DHSMV is taking forever to process applications.
For example, we learned today that the department is currently working on applications received 7/19/22, a 41-day delay. This 41 day delay explains why obtaining the 45-day temporary paper hardship permit is important.
If you are approved for a hardship, the department will send you written confirmation. You do not need to wait for written confirmation in order to get the plastic hardship license at the DHSMV.
Sample Order of Revocation Form
We confirmed with the department that the verbiage in the sample “order of reinstatment” 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 OF 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
