Friday, August 05, 2005

Florida License Suspended?

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….

Phone (954) 788-1355

Law office of Edward J. Chandler P.A.
708 E. Atlantic Blvd.
Pompano Beach Fl 33060

License Suspended?

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….

Phone (954) 788-1355

Criminal Suspension

As previously mentioned, there are two suspensions involved with a DUI charge, the administrative suspension and the Criminal Suspension. Unfortunately, if you are eventually convicted of DUI, another mandatory 6 or 12 month suspension begins on the date of conviction and the judge will suspend your hardship license.

Therefore, if there is a strong possibility of a DUI conviction, it may not be worthwhile get your hardship license until the Criminal Suspension has been imposed. Otherwise, you would then have to pay another fee to reinstate your hardship license. However, you would not be required to re-enroll in the DUI school. Nevertheless, if you eventually beat the DUI, your license will not be suspended a second time and you will only have to complete the administrative suspension.

Criminal Suspension Periods

Depending on the degree of DUI you are charged with, the following criminal suspension periods would be imposed if eventually convicted. After that are the eligibility requirements for a hardship license if your were to experience a Criminal Suspension.

1. First Conviction: Minimum 180 days revocation, maximum 1 year.

2. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.

3. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.

4. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.

5. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.

6. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3 year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.

Eligibility for Hardship License

Depending on the degree of DUI you were convicted of, the following requirements must be met in order to be eligible for a hardship license following a criminal suspension.

* First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for six months for BAL of .20 or higher, effective 07/03.

* Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, effective 07/03.

* Second Conviction Within 5 Years: (5 Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement.

* Third Conviction Within 10 Years: (10 Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years, effective 07/03.

* DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met: (1) Has not been arrested for a drug-related offense for at least 5 years prior to the hearing; (2) Has not driven a motor vehicle without a license for at least 5 years prior to the hearing; (3) Has been alcohol and drug-free for at least 5 years prior to the hearing; and (4) Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license).

* Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.


The specific and most current DUI penalties may be found in Section 316.193, Florida Statutes.

CALL ATTORNEY CHANDLER TODAY (954) 788-1355


If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….

Phone (954) 788-1355