Having your Florida driver’s license suspended can be severe. Whether the license is lost due to bad driving behavior generating unacceptable demerit points or as a result of a DUI conviction, the license is often a necessity for many people getting to work or taking care of personal business that requires transportation. The problem most individuals face when requesting a provisional license for work is that there are several specific convictions where the state has restricted the court from ruling in favor of a hardship permit request. Those who hold a CDL of any type are subject to the strictest policy, but standard vehicle drivers can be denied as well under certain circumstances.
Standard drivers
Florida law only allows for a hardship reinstatement when the applicant has been convicted on a first DUI charge. Multiple offenders will automatically be denied approval. This is typically done when a plea agreement is accepted or final sentencing is issued, and it should be part of the negotiation agreement reached by an experienced criminal defense attorney who regularly represents defendants with drunk driving charges.
Professional truck drivers
Commercial drivers license holders are the most seriously affected by the hardship license restrictions when facing the punishment phase of their case. A hardship license to drive a commercial vehicle is not allowed under any circumstances, and they are held to the .04 BAC level standard for a drunk driving conviction instead of the standard .08 BAC level for those driving passenger vehicles. Those convicted on a first DUI offense can be given a restricted hardship license, but they can only drive to and from a hub when there is alternate employment available, as driving a commercial vehicle is not allowed with the work reinstatement privilege.