Permanently revoked license for dui florida. Can I get a hardship license?
I know someone who has a permanently revoked license in Florida due to 4 DUI's. 2 out of state, and 2 in Florida. The last DUI was in May 2011 and he received his revocation in July 2011. This person has since moved to Vermont. He seems to think he can waltz down here to Florida and get an administrative hearing and get his license back just like that and be able to drive freely in Vermont. How realistic is this? I fear this person driving because he is a very active alcoholic. Will it be easy to get his license back after 4 DUI's? The last one he had a UBAL of .23. If he were to get a hardship/employment license, would he be able to drive in other states? This seems very unrealistic. I thought he would have to wait at least 5 years to even be considered for an admin. hearing.
4 attorney answers
You are correct, He has to wait five years. The law used to be that four or more DUI's made a person ineligible to ever get an employment purposes only license and a business purposes license. The law changed to a 10 year waiting period and now it is five. After the five year waiting period he has to have the admin hearing. If he gets caught driving during the five years or even admits to driving in the last five years, or admits to using illegal drugs he will be ineligible. He will also be required to submit proof of completion of a DUI school.
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You are correct and he is wrong. Permanent dl loss used to mean just that. They then allowed a hardship license after 10 years of no driving. Currently if you don't drive for five years, you may be eligible for a hardship license.
Your friend should waltz into reality.
After a 4th DUI conviction (regardless of when / where the prior convictions occurred) and FL has a mandatory permanent revocation with no hardship reinstatement. (Don't take my word for it, please see: http://www.flhsmv.gov/ddl/duilaws.html).
Further, FL participates in the NDR (National Driver Register) and per the language on their website (for your convenience a link will follow as well): The "NDR is a computerized database of information about drivers who have had their licenses revoked or suspended, or who have been convicted of serious traffic violations such as driving while impaired by alcohol or drugs. State motor vehicle agencies provide NDR with the names of individuals who have lost their privileges or who have been convicted of a serious traffic violation."
When a person applies for a driver's license, the State DMV checks to see if the name is on our NDR database. If a person has been reported to the NDR as a problem driver, the license may be denied.
Please see: http://www.nhtsa.gov/Data/National+Driver+Register+(NDR)
Your friend is almost certainly not getting a license and would be well advised NOT to drive m(most especially if he has been drinking).
I hope that this has been helpful in answering your question!
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There is a process in Florida whereby an individual who has had their driver's license permanently revoked as a result of 4 or more DUI convictions can get their license reinstated. This process is discussed in Florida Statute 322.271(5). It indicates that after serving 5 years of a permanent license revocation a person can have their license reinstated. However, a person is not simply handed a license after 5 years. 322.271(5) is very detailed, and requires that the person meet certain requirements before qualifying for a license. For example the person must not have been arrested for a drug related offense for the preceding 5 years, and cannot have driven a vehicle without a license for the preceding 5 years. Additionally, even if the person satisfactorily meets the requirements for issuance of a license, once the license is issued it is subject to a number of restrictions. For example, the license must be restricted for employment purpose only for at least 1 year, and the person must be supervised by a DUI program and subject to evaluation, treatment, and even urine screenings for drug or alcohol use. So, the easy answer is yes; after 5 years a person can get their license reinstated despite a permanent revocation for multiple DUI convictions. But it is my understanding that this is not an easy process and there are many hurdles, obstacles, and hoops to jump through before a license can be obtained.