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Business / Educational Purposes Only Reinstatement

Florida Statute §322.271-Authority to Modify Revocation, Cancellation or Suspension Order

Per §322.271(1)(a) of the Florida Statutes, should a subject have their license suspended, cancelled or revoked for being deemed a "habitual traffic offender," they can seek to have a hearing held within 30 days. After 12 months of revocation have passed, they may petition to have their license reinstated depending on their qualifications, fitness and their need to drive. A hearing will be held to investigate into these qualifies and may instate a license for business purposes only (limiting the driving privilege to maintain livelihood, driving to church and driving for medical purposes) or for educational purposes only (limiting the driving privileges to driving to and from work, as well as any required on-the-job driving). Depending upon whether this is a driver's first or subsequent conviction and whether or not he or she is a commercial driver will determine whether a hardship license may be obtained, and when. The following are the qualifications to meet in order for a driver to apply for a hardship license:

  • First DUI Conviction:
    • Complete DUI school
    • Apply for hearing regarding hardship license
    • Ignition interlock device mandatory for up to five months if BAC over 0.15 percent
  • Second Conviction (within 5 years):
    • May apply for hardship license hearing after a year
    • Complete DUI school
    • Remain in DUI supervision program for remainder of revocation period
    • May not consume alcohol and / or drugs or drive a motor vehicle for 12 months
    • Ignition interlock device mandatory for two years if BAC over 0.15 percent
  • Third DUI Conviction (within 10 years):
    • May apply for hardship license hearing after two years
    • Complete DUI school
    • Remain in DUI supervision program for remainder of revocation period
    • May not consume alcohol and / or drugs or drive a motor vehicle for 12 months
    • Ignition interlock device mandatory for two years
  • DUI Manslaughter (no prior DUI convictions):
    • May apply for hearing after five years
    • No drug-related offenses in the past five years
    • Has not driven a motor vehicle in the past five years
    • Alcohol and drug-free for the past five years
    • Complete DUI school
    • Remain in DUI supervision program for remainder of revocation period
    • Mandatory ignition interlock device for two years
  • Manslaughter, DUI Causing Serious Bodily Injury, Vehicular Homicide:
    • May immediately apply for hardship hearing
    • Must complete DUI school or advanced driver improvement course
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