First DUI? Don’t miss a day of driving!

One of the biggest concerns people have after being arrested for their first DUI is whether they will be able to keep driving. I could not imagine having to go weeks or months without being allowed to drive. The Florida panhandle is not the “big city.” We don’t have subways, trains, or even real bus systems. The Escambia-Santa Rosa area is mostly rural, so being able to drive is extremely important for most people.

hout driving (assuming that the DMV does their part!). When the officer arrests you for DUI, they should issue you a DUI citation. It looks a lot like a speeding ticket, except it has a bunch of writing at the bottom about your breath level or whether you refused. Either way, this ticket is incredibly important: it serves as your driver’s license for the 10 days following your arrest. This ticket is considered a “business purposes only” license, like a hardship license. This restricted driver’s license lets you drive to “maintain your livelihood.” So what does that mean? It enables you to drive to work, to school, to the doctor’s office, to pick up the kids from school or daycare, to go to the grocery store, to meet with your attorney, etc. Driving to the beach to work on your tan or to your buddy’s house to watch sports doesn’t count as “maintaining your livelihood.”

So, the DUI ticket lets you drive for 10 days. What’s the next step? Suppose you are a DUI first offender, a Florida resident, and you have never had an alcohol-related suspension anywhere in the country. In that case, you can apply for a “waiver eligibility review” hearing with the DMV. The waiver has to do with your right to a formal review hearing to challenge the validity of your suspension. In some cases, it may make sense to request a formal review hearing, but many times, for first offenders, the likelihood and risk of losing that hearing make the waiver option the much better choice. See our other articles on formal review hearings for more information on those.

The “waiver eligibility review” application is a simple and easy 1-page form that you fill out. In addition to the application, you will also need to provide the Bureau of Administrative Reviews (a branch of the DMV that deals with DUI suspensions) with: (1) proof that you have enrolled in an approved DUI school program and (2) a copy of your DUI citation. Once the DMV receives your paperwork, they will call you, collect a $25 payment over the phone, and conduct a short hearing to confirm that you are eligible. You can go to the local driver’s license office and pick up your new hardship license as soon as approved.

Thankful that you can still drive. The next question you have is what will happen to your hardship when the case resolves? Under Florida law, if the judge convicts you of DUI, the judge must revoke your license for a certain period. For first offenses, that period is between 6 and 12 months. When the judge announces in court that they are revoking your license, your hardship license is no longer valid. Technically, you are going to need a ride home from the courthouse.

However, after court is over, your attorney can reach out to the Bureau of Administrative Review and provide them with the information from the court showing that your driving privilege was revoked and request a “temporary permit.” It takes a week or two for the court information to catch up with the DMV, so during that time, you cannot get a “hardship hearing.”

The temporary permit, usually for 30-60 days, keeps you on the road until you get your official hardship hearing. Your lawyer can often get you that temporary permit the same day the judge revokes your driving privilege. At the same time, you ask for a temporary permit. You will also submit your application for a hardship license.

It will get put in the DMV queue, and when your turn comes up, the DMV will once again contact you by phone, get their $25 hearing fee, ask you a few questions, and approve you for a new hardship license. Assuming you abide by the restrictions of your new license, you will be able to drive on this hardship license until your suspension and revocation periods are over. At that point, drive wherever you want to for whatever reason!

This process is complicated. While you can always do all of this on your own, having a DUI lawyer who knows how to navigate this process is really helpful. Make sure the attorney you hire is not just familiar with the criminal court system – make sure that the lawyer understands how to deal with the DMV and that you spend as much time on the roads as possible. Give us a call for a free consultation on your DUI case and how it will impact your ability to drive.