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Permanent revocation for 2 dui in florida and 2 dui in Pennsylvania.

Orlando, FL |
Attorney answers 4


Did you know when you entered the plea to the fourth DUI that it would cause a permanent revocation of your driver's license? In most cases, your criminal defense attorney, the prosecutor, or the court will put that acknowledgment on the record so that the individual can not later come back and contest that plea. The Court will usually ask, "You understand that entering this plea will cause a permanent revocation of your driver's license because you have three prior DUI convictions."

Florida Law provides that a Fourth Conviction for DUI requires a mandatory permanent revocation of your driver license. This mandatory permanent revocation of your driver license is required regardless of when the three prior DUI convictions occurred. Unfortunately, no hardship reinstatement is allowed under Florida law.

The only way around the permanent revocation of your Florida driver license would be to move to set aside one of the prior convictions with a post-conviction motion which must be filed within two years of the date the prior conviction become final. Even if you are still within the two year time period to contest one of the prior DUI, winning a post-conviction motion to set aside one of the prior DUI's is extremely difficult. If you entered a plea, you must show that your plea was coerced and that your trial counsel was ineffective. My website links below provide more information on the post-conviction process.

Even if you do with the post-conviction motion to set aside one of the prior Florida DUI convictions, you will be back in the position you were immediately before you entered the plea which means that you must either negotiate a non-DUI disposition or stand trial.

You would need to gather all of the documents in your possession related to each offense and then contact an attorney that handles post-conviction motions to review your case to determine if there is any viable basis to move to set aside one of the prior Florida DUI convictions. Your attorney would need to determine whether you are still within the two year time period and then order all of the records for each case in order to complete a review.

These motions are extremely difficult to win even if you have a viable claim.

You may also want to contact an attorney in Pennsylvania to determine whether any post-conviction relief (setting aside one of those convictions) would be possible under Pennsylvania state law.


Many times there is nothing you can do. Florida does not allow any provisions for a hardship license on the lifetime revocations for DUI. Did you have a lawyer for the 4th DUI?


Both of the previous answers are correct. Although it is unfair as many people who plead to their 4th DUI were told they would be eligible for a hradship license. Then the Legislature changed the law and held that 4th time offenders are not eligible for a hardship license. People have challenged that law and have been unsuccessful. The courts have held that the new law does not violate the ex post facto clause of the Florida Constitution. This is an extremely unfair ruling but without overturning one of the prior convictions or a change in legislation there is no possibility of obtaining a license,


I practice in Orlando, and although all of the above answers are correct, I would be happy to consult with you to see if there is a solution to your problem. 407-846-8008.

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